Nevada Administrative Code

NAC 649.035 “Principal place of business” defined. (NRS 649.053) “Principal place of business” means the physical location of a collection agency where: 1. The compliance manager of the collection agency performs his or her required functions and duties as prescribed by NRS 649.0…

NAC 649.040 “Secondary collection agency” defined. (NRS 649.053) “Secondary collection agency” means a collection agency which engages directly or indirectly in the solicitation or encouragement of debtors to pay delinquent debts directly to the debtors’ creditors through the use…

NAC 649.045 “Sixty-day notification” or “60-day notification” defined. (NRS 649.053) “Sixty-day notification” or “60-day notification” means the written notification which a collection agency is required to send to a medical debtor not less than 60 days before taking any action t…

NAC 649.060 Examination, audit or investigation of collection agency; fees; billing; failure to pay fees. (NRS 649.053, 649.295, 658.101) 1. A collection agency shall allow the Commissioner to conduct an examination, audit or investigation of any accounts, books and records of th…

NAC 649.070 Assessment for costs related to audits and examinations. (NRS 649.053, 649.300) 1. Except as otherwise provided in NAC 658.030, each primary and secondary collection agency shall pay to the Division of Financial Institutions of the Department of Business and Industry …

NAC 649.076 Payment of expenses incurred during examination, investigation or audit. (NRS 649.053, 649.295, 658.101) In addition to all fees required by this chapter and chapter 649 of NRS, a collection agency shall pay the reasonable expenses for travel, meals and lodging of the…

NAC 649.081 Preparation and submission of trust account statements and reports of financial standing. (NRS 649.053, 649.056, 649.345) Each collection agency shall provide to the Commissioner, annually and before renewal of its license, a copy of all trust account statements, as a…

NAC 649.086 Public inspection of written instruments filed with Division of Financial Institutions. (NRS 649.053, 649.065) Except as otherwise provided in NAC 649.310 or by specific statute, all papers, documents, reports and other written instruments filed with the Division of F…

NAC 649.105 Exemption from requirement to obtain license. (NRS 649.053, 649.075) A person who is not required to obtain a license as set forth in NRS 649.075 must obtain an exemption from the Commissioner of Financial Institutions certifying that he or she is not required to obta…

NAC 649.111 Licensing of certain community managers required. (NRS 649.020, 649.053, 649.075) 1. In accordance with the definition of “collection agency” set forth in NRS 649.020, a community manager must be licensed as a collection agency pursuant to this chapter and chapter 649…

NAC 649.120 Collection agencies: Fees. (NRS 649.053, 649.295) 1. An application for licensure as a collection agency must be accompanied by a nonrefundable application fee of $375. 2. The applicant must pay an additional application fee of $300, prorated on the basis of the licen…

NAC 649.130 Branch offices: Filing and contents of application for permit to operate. (NRS 649.053, 649.167) An application for a permit to operate a branch office must be filed with the Commissioner of Financial Institutions on a form provided by the Commissioner. The applicatio…

NAC 649.135 Branch offices: Arrangements required for maintenance of records and trust account. (NRS 649.053, 649.054, 649.056, 649.167) The Commissioner of Financial Institutions will not issue a permit to operate a branch office in a state other than Nevada until the Commission…

NAC 649.140 Branch offices: Appointment of Commissioner of Financial Institutions as agent for service of process. (NRS 649.053, 649.167) 1. The Commissioner of Financial Institutions will not issue a permit to operate a branch office for which the manager is not a resident of th…

NAC 649.151 Compliance managers: Fees. (NRS 649.053, 649.205, 649.295) 1. An application for a compliance manager’s certificate must be accompanied by: (a) A nonrefundable fee of $300; and (b) A nonrefundable investigation fee of $150. 2. An applicant must pay an additional appli…

NAC 649.160 Foreign collection agencies: Fees; reinstatement of expired or revoked certificate; transferability of certificate. (NRS 649.053, 649.171) 1. An application for a certificate of registration as a foreign collection agency must be accompanied by an application fee of $…

NAC 649.161 Compliance managers: Waiver of examination. (NRS 649.053, 649.205) The Commissioner will waive the examination for an applicant for a compliance manager’s certificate pursuant to subsection 4 of NRS 649.205 if the applicant submits proof satisfactory to the Commission…

NAC 649.170 Request for information from Commissioner for license or certification. (NRS 649.053) The Commissioner may request information deemed necessary to: 1. Determine whether an applicant for a license as a collection agency or a certificate as a compliance manager meets th…

NAC 649.180 Debt buyers: Authorization to share license; liability and responsibility; inclusion of certain information with annual report. (NRS 649.053, 649.056) 1. Pursuant to subsection 4 of NRS 649.075, a debt buyer may share a single license as a collection agency with one o…

NAC 649.210 Responsibilities. (NRS 649.053, 649.056, 649.305) 1. The person who holds a valid compliance manager’s certificate and who is the designated compliance manager of a collection agency must have direct supervisory responsibility for employees who engage in collections i…

NAC 649.220 Restrictions on service for multiple agencies. (NRS 649.053, 649.056) 1. No person may serve as manager of more than one primary collection agency at the same time. 2. No person may serve as manager of more than one secondary collection agency at the same time. 3. At …

NAC 649.230 Notification of change of employment. (NRS 649.053, 649.056) Each compliance manager holding a compliance manager’s certificate issued pursuant to chapter 649 of NRS shall notify the Commissioner in writing of any change of employment within 10 days after the change. …

NAC 649.250 Prerequisites to conducting business. (NRS 649.053, 649.056) A person shall not conduct business as a collection agency in this State unless: 1. The person possesses each license or permit required by this chapter, chapter 649 of NRS or a local governmental entity; an…

NAC 649.260 Use of fictitious names. (NRS 649.053, 649.056, 649.365) 1. A collection agency, or its compliance manager, agents or employees, shall not use a fictitious name in the collection of a claim unless that name has been filed with the Commissioner on a form provided by th…

NAC 649.270 Depositories used for maintenance of certain separate accounts. (NRS 649.053, 649.056, 649.355) Each bank or credit union in which a collection agency maintains a separate account for purposes of NRS 649.355 must be insured by the Federal Deposit Insurance Corporation…

NAC 649.280 Use of machine-derived form letters. (NRS 649.053, 649.056, 649.059) 1. All machine-derived form letters relating to debt that is past due must be submitted to the Commissioner for review during an examination or investigation or upon request by the Commissioner or a …

NAC 649.282 Remote location: Prohibition against collection agent working outside United States. (NRS 649.053, 649.056) A collection agent shall not work from a remote location that is outside of the United States. (Added to NAC by Comm’r of Financial Institutions by R097-23, eff…

NAC 649.284 Remote location: Request for evidence and information from Division. (NRS 649.053, 649.056) Upon request of the Commissioner, a collection agency shall provide to the Division: 1. Evidence that a collection agent working from a remote location has complied with the re…

NAC 649.286 Duty of collection agency to display certain information on Internet website. (NRS 649.053) To satisfy the requirements of NRS 649.320, a collection agency must display the information required pursuant to that section on the home page of its Internet website or anoth…

NAC 649.288 Collection of medical debt: Interpretation of term “action to collect a medical debt.” (NRS 649.053) 1. For the purposes of NRS 649.366 and 649.367, the Commissioner interprets the term “action to collect a medical debt” to mean any attempt by a collection agency or i…

NAC 649.290 Collection of medical debt: 60-day notification to medical debtor required before taking action to collect. (NRS 649.053) 1. A collection agency must send a 60-day notification to a medical debtor when the medical debt is assigned to the collection agency unless the n…

NAC 649.292 Collection of medical debt: Provision to medical debtor of written notification. (NRS 649.053) If applicable, a collection agency must provide to a medical debtor the written notice required by subsection 2 of NRS 649.332 not later than 5 days after the expiration of …

NAC 649.294 Collection of medical debt: Action to collect medical debt prohibited during notification period; compliance with applicable provisions. (NRS 649.053) A collection agency shall not take any action to collect a medical debt less than 60 days after the date of mailing o…

NAC 649.296 Collection of medical debt: Collection agency required to keep written verification of compliance with certain provisions. (NRS 649.053) A collection agency shall keep written verification of its compliance with NRS 649.036 to 649.369, inclusive, as part of its record…

NAC 649.310 Failure to file verified answer to complaint; confidentiality of complaint and certain related information. (NRS 649.053, 649.067, 649.385) 1. If a collection agency, an authorized representative of that collection agency or a compliance manager fails to file a verifi…

NAC 649.320 Revocation or suspension of license: Violation of certain provisions of federal law. (NRS 649.053, 649.395) The Commissioner will consider a violation by any collection agency, collection agent or compliance manager of any of the provisions of 15 U.S.C. §§ 1692b to 16…

NAC 649.330 Revocation or suspension of license or certificate: Violation of certain regulations or statutes; procedures. (NRS 649.053, 649.215, 649.395) The Commissioner may revoke or suspend the license of a collection agency or a compliance manager’s certificate if the collect…

NAC 649.340 Fine for failure to submit required report. (NRS 649.053, 649.297) The holder of a license or a compliance manager’s certificate who fails to submit a report required pursuant to this chapter or chapter 649 of NRS on or before the applicable due date for the report wi…

NAC 652.010 Definitions. (NRS 439.200, 652.123, 652.125, 652.130, 652.220, 652.260) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 652.020 to 652.151, inclusive, have the meanings ascribed to them in those sections. (Supplied in…

NAC 652.020 “Accredited” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Accredited” means an accreditation by a nationally recognized accrediting agency or other body accepted by the Board. [Bd. of Health, Medical Laboratories Reg. § 1.2.10, eff. 8-5-74]—(NAC A 10-17-86)

NAC 652.025 “Approved course” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Approved course” means a course of study or training which is offered by any of the following: 1. The American Society of Clinical Pathologists. 2. The International Society of Clinical Laboratory Te…

NAC 652.033 “Board” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Board” has the meaning ascribed to it in NRS 652.030. (Added to NAC by Bd. of Health, eff. 10-17-86)

NAC 652.060 “Committee” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Committee” means the Medical Laboratory Advisory Committee. [Bd. of Health, Medical Laboratories Reg. § 1.2.4, eff. 8-5-74]

NAC 652.065 “Director” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Director” means a laboratory director as defined in NRS 652.050. (Added to NAC by Bd. of Health, eff. 10-17-86)

NAC 652.071 “Division” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Division” has the meaning ascribed to it in NRS 652.035. (Added to NAC by Bd. of Health, eff. 3-28-96)

NAC 652.072 “Exempt laboratory” defined. (NRS 439.200, 652.123, 652.125, 652.130) 1. Except as otherwise provided in this section and NAC 652.175, “exempt laboratory” means a laboratory in which each test performed is: (a) Classified as a waived test pursuant to 42 C.F.R. Part 49…

NAC 652.073 “Form” defined. (NRS 439.200, 652.123, 652.125, 652.130) “Form” includes, without limitation, a printed form, an electronic form or an online or interactive process provided via the Internet. (Added to NAC by Bd. of Health by R149-15, eff. 6-21-2017)