Nevada Administrative Code

NAC 239.906 “Electronic record” defined. (NRS 239.125, 378.255, 378.280) “Electronic record” means a record of a governmental entity that is stored by the governmental entity in an electronic format, such that a computer or machine is required to access or process the record. (Ad…

NAC 239.908 “Governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Governmental entity” means: 1. A local governmental entity; 2. A state agency; or 3. The Board of Regents of the University of Nevada. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-20…

NAC 239.910 “Historical value” defined. (NRS 239.125, 378.255, 378.280) “Historical value” has the meaning ascribed to it in NAC 239.597. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.912 “Local governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Local governmental entity” has the meaning ascribed to it in NRS 239.121. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.914 “Migration” defined. (NRS 239.125, 378.255, 378.280) “Migration” means the transfer of an electronic record from one hardware, software or database structure to another or from one generation of computer technology to another for the purpose of assuring the preservati…

NAC 239.916 “Official state record” defined. (NRS 239.125, 378.255, 378.280) “Official state record” has the meaning ascribed to it in NAC 239.705. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.918 “Record” defined. (NRS 239.125, 378.255, 378.280) “Record” includes, without limitation, a record of a local governmental entity and an official state record. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.920 “Record of a local governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Record of a local governmental entity” has the meaning ascribed to it in NAC 239.101. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.922 “Records management” defined. (NRS 239.125, 378.255, 378.280) “Records management” means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate di…

NAC 239.924 “Records officer” defined. (NRS 239.125, 378.255, 378.280) “Records officer” means: 1. In the case of a state agency, the person designated pursuant to NAC 239.700 by the head of the state agency; or 2. In the case of the Board of Regents of the University of Nevada o…

NAC 239.926 “Schedule” defined. (NRS 239.125, 378.255, 378.280) “Schedule” means, as applicable: 1. A schedule for the retention of records approved by the State Library, Archives and Public Records Administrator pursuant to NAC 239.155; or 2. A schedule for the retention and dis…

NAC 239.928 “State agency” defined. (NRS 239.125, 378.255, 378.280) “State agency” has the meaning ascribed to it in NAC 239.690. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.930 “State Archives” defined. (NRS 239.125, 378.255, 378.280) “State Archives” has the meaning ascribed to it in NAC 239.692. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.935 Sealed records. (NRS 239.125, 378.255, 378.280) 1. If a governmental entity is required by law or a court of competent jurisdiction to seal a record which is in its legal custody, the governmental entity must make the record accessible only to authorized personnel of …

NAC 239.940 Transfer of electronic records of historical value. (NRS 239.125, 378.255, 378.280) 1. If the Committee requires a state agency to transfer an electronic record of historical value to the State Archives, the state agency must transfer the electronic record to the Stat…

NAC 239.945 Electronic records. (NRS 239.051, 239.125, 378.255) 1. The electronic recordkeeping system described in NRS 239.051 of a governmental entity must be designed and maintained so that the electronic recordkeeping system is able to: (a) Manage each electronic record in th…

NAC 240.200 Fee for processing application for notary public or electronic notary public nonrefundable. (NRS 240.017, 240.192, 240.206) The fee required to be paid to the Secretary of State pursuant to the provisions of paragraph (a) of subsection 1 of NRS 240.030 and NRS 240.192…

NAC 240.205 Revocation of appointment for returned check which was used to pay application fee. (NRS 240.017) 1. If a check which is used to pay the application fee for appointment as a notary public or the fee for filing the required bond and oath is returned by a bank for lack …

NAC 240.210 Form of name: Application; bond; official signature. (NRS 240.017) 1. A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the p…

NAC 240.215 Fingerprints, written authorization and processing fee required to be submitted with application. (NRS 240.017, 240.030) Each person applying for appointment as a notary public must submit: 1. A complete set of the fingerprints of the applicant and written permission …

NAC 240.220 Incomplete applications. (NRS 240.017) If an application for appointment as a notary public is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the clerk of the county in which the appli…

NAC 240.223 Assignment of identification number. (NRS 240.017) 1. The Secretary of State will assign a unique number to each original certificate of appointment prepared by his or her Office. The number will be used to identify the notary public whose name appears on the certific…

NAC 240.235 Period of appointment. (NRS 240.017) 1. Except as otherwise provided in subsection 2, the period of appointment of a notary public begins on the effective date of the bond entered into pursuant to the provisions of NRS 240.030. 2. If the bond does not have an effectiv…

NAC 240.240 Cancellation of appointment. (NRS 240.017) The cancellation of the appointment of a notary public pursuant to subsection 4 of NRS 240.010 is effective upon receipt by the Secretary of State of the notice requesting cancellation of the appointment. (Added to NAC by Sec…

NAC 240.250 Complaint of alleged violation of chapter to be filed with Secretary of State; notification of complaint to be provided to notary public; determination of Secretary of State regarding hearing. (NRS 240.017) 1. A person may file a complaint in writing with the Secretar…

NAC 240.260 Requirements to qualify as resident; residency in this state required during term of appointment. (NRS 240.017) 1. No applicant for appointment as a notary public qualifies as a resident of this state pursuant to the requirements of NRS 240.015 unless he or she has be…

NAC 240.262 Nonresident applicant for appointment as notary public: Form of affidavit setting forth address of applicant’s residence and place of business or employment. (NRS 240.017) The following form must be used by an applicant for appointment as a notary public who resides i…

NAC 240.264 Nonresident applicant for appointment as notary public: Form of affidavit confirming applicant’s employment within State of Nevada if applicant not self-employed. (NRS 240.017) The following form must be used by the employer an applicant for appointment as a notary pu…

NAC 240.266 Nonresident applicant for appointment as notary public: Form of affidavit for self-employed applicant confirming maintenance by applicant of business within State of Nevada. (NRS 240.017) The following form must be used by an applicant for appointment as a notary publ…

NAC 240.270 Courses of study for mandatory training of notaries public. (NRS 240.017, 240.018) 1. The Secretary of State will provide at least one course of study per month for the mandatory training of notaries public. 2. An applicant for appointment as a notary public who is re…

NAC 240.300 “Secure location” interpreted. (NRS 240.017) As used in NRS 240.040 and 240.120, the Secretary of State will interpret the term “secure location” to include, without limitation: 1. In the sole possession of the notary public to whom a stamp or journal belongs; or 2. A…

NAC 240.310 Circumstances in which Secretary of State will deem document requiring provision of information within blank spaces to be filled out completely. (NRS 240.017) 1. For the purposes of subsection 9 of NRS 240.075, the Secretary of State will deem a document that requires…

NAC 240.320 Possession of valid certificate of permission to perform marriages required to charge fee for performance of marriage ceremony; penalty for violation. (NRS 240.017) 1. A notary public may only charge the fee set forth in NRS 240.100 for performing a marriage ceremony …

NAC 240.330 Use of “known personally” in journal of notarial acts as evidence of verification of identification. (NRS 240.017) A notary public may enter in his or her journal “known personally” as the description of the evidence used by the notary public to verify the identificat…

NAC 240.340 Person physically unable to sign document who directs another person to sign required to appear before notarial officer with such other person at time of signing; short form for acknowledgment. (NRS 240.017) 1. If a person is physically unable to sign a document that …

NAC 240.400 Scope and construction. (NRS 240.017, 240.206) NAC 240.400 to 240.540, inclusive: 1. Govern all practice and procedure before the Secretary of State for the revocation of a notary public commission as provided in NRS 240.150 or the revocation of a registration as an e…

NAC 240.410 Relief from regulations. (NRS 240.017) In special cases, where good cause appears, not contrary to law, the Secretary of State may permit deviation from NAC 240.400 to 240.540, inclusive, where compliance is found to be impractical and unnecessary. [Sec’y of State, Pr…

NAC 240.420 Communications with Secretary of State. (NRS 240.017) 1. All written communications and documents should be addressed to the Secretary of State and will be deemed to be officially received only when delivered at the Office of the Secretary of State. 2. The principal o…

NAC 240.430 Parties. (NRS 240.017) 1. Parties to proceedings before the Secretary of State under NAC 240.400 to 240.540, inclusive, consist of the staff of the Office of the Secretary of State and the notary public whose commission is subject to revocation, or his or her authoriz…

NAC 240.440 Filing and service. (NRS 240.017) 1. An original and two legible copies of all documents, motions or other papers must be filed with the Secretary of State. The Secretary of State will retain the original document, motion or other paper. If the Attorney General will b…

NAC 240.450 Briefs. (NRS 240.017) The Secretary of State may order briefs to be filed within such time as may be allowed by the Secretary of State and the brief must be accompanied by proof of service in accordance with subsection 3 of NAC 240.440. [Sec’y of State, Practice Reg. …

NAC 240.460 Show cause orders. (NRS 240.017) 1. Hearings will be held before the Secretary of State pursuant to a show cause order being issued to the notary public concerned by the Secretary of State. The Secretary of State may designate one of his or her deputies or another com…

NAC 240.470 Failure to appear. (NRS 240.017) 1. If a party fails to appear at a hearing scheduled by the Secretary of State in a show cause order and no continuance has been requested or granted, the Secretary of State may hear the evidence of such witnesses as may have appeared …

NAC 240.480 Appearance at hearing. (NRS 240.017) 1. At any hearing, all parties named are entitled to make an appearance, introduce evidence, examine and cross-examine witnesses, make arguments and participate in the conduct of the proceedings. 2. Parties shall enter their appear…

NAC 240.490 Withdrawal of attorney. (NRS 240.017) Any attorney of record wishing to withdraw from a proceeding before the Secretary of State shall, in writing, immediately notify the Secretary of State and the party he or she represented. [Sec’y of State, Practice Reg. 4 § 4.5, e…

NAC 240.500 Conduct at hearings. (NRS 240.017) 1. A person appearing in a proceeding shall conform to the recognized standards of ethical and courteous conduct. All parties to hearings, their counsel and spectators will conduct themselves in a respectful manner. 2. Smoking is not…

NAC 240.510 Hearings: Preliminary procedure; evidence. (NRS 240.017) 1. The Secretary of State will call the proceeding to order and proceed to take the appearances of the parties. The parties may then make opening statements if they desire. 2. All testimony to be considered by t…