Nevada AG Opinions, 2017

ADAM PAUL LAXALT NICHOLAS A. TRUTANICH Altorney General Chief of Staff KETAN D. BHIRUD STATE OF NEVADA ee OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701 November 7, 2017 OPINION NO. 2017-011 PUBLIC EMPLOYEES’ BENEFITS PROGRAM (PEBP); INSURANCE; S…

Nevada can again ask the FBI to agree to run the background checks required by the Act, and therefore change Nevada’s “Point of Contact” status as contemplated by Initiative Petition Question #1. The FBI has already repeatedly stated that it will not perform the checks required by Nevada law, because such checks are an inferior check to that performed by Nevada’s Central Repository and because state law cannot dictate how federal resources are used. But how many times the State of Nevada should ask the FBI to change its position is undoubtedly a policy choice for the Governor to make, and noth

ADAM PAUL LAXALT NICHOLAS A. TRUTANICH Altorney General Chief of Staff KETAN D. BHIRUD STATE OF NEVADA General Counsel OFFICE OF THE ATTORNEY GENERAL 100 North Carson Street Carson City, Nevada 89701 October 9, 2017 OPINION NO. 2017-09 ELECTIONS; JUSTICE OF THE PEACE: Elections f…

TO QUESTION Where a PEBP rule set forth in statute, regulation or plan documents has a plain meaning, the PEBP Executive Officer must follow that plain meaning, and except where an exception is permitted in the rule or in a related statute, regulation or plan document, the Executive Officer may not generally grant a hardship exception to that rule. ANALYSIS If a program rule is set forth in statute, the rules of statutory construction apply. If the statute is clear, then the plain meaning rule ordinarily applies and the plain meaning must generally be given effect. Estate of Smith ex rel. Smit

WESLEY K. DUNCAN First Assistant Attorney General NICHOLAS A, TRUTANICH. ADAM PAUL LAXALT Allorney General STATE OF NEVADA Chief of Staff OFFICE OF THE ATTORNEY GENERAL KETAN D. BHIRUD 100 North Carson Street Carson City, Nevada 89701 June 20, 2017 OPINION NO. 2017-07 CONTROLLER;…

As it relates to the one-year period of residency preceding a municipal judge’s term in office, subsection 2(b) of NRS 5.020 applies by its own terms to a judge who is elected and not appointed to the office of municipal judge. Insofar as it may be construed to establish a residency requirement that applies during or at the commencement of the judge’s term, subsection 2(c) of NRS 5.020 must be construed in harmony with subsection 1 of NRS 5.020 and NRS 266.400. These provisions authorize the city council of a general law city to dispense with a residency requirement. ANALYSIS By its title, NRS

No. Under these circumstances, the assignment does not subject the assignee to licensure or regulation under Chapter 675. This conclusion applies to any person, including a financial institution.” ANALYSIS When a retail seller finances its own sales pursuant to the provisions of Chapter 97, but otherwise engages in no lending activity, the retailer’s business activity is governed exclusively by the provisions of Chapter 972 A RISC is one of the retail 3 Op. Nev. Att’y Gen. 2017-01 (January 27, 2017). + NRS 97.285; NRS 97.115 (defining “retail installment transaction” to include transactions in

TO QUESTION ONE As we previously advised in 2002, the Board is charged with the responsibility to interpret and enforce the provisions of NRS Chapter 624. ‘That responsibility necessarily includes the duty to determine whether a CAA has worked as a construction manager, and thus as a “contractor” as defined in NRS 624.020(4). While the statutory definition of “contractor” includes a “construction manager who performs management and counseling services on a construction project .. . ,” that definition does not further describe the functions or attributes ofa “eonstruction manager.” Given the co

The Board of Directors of the Nevada Northern Railway Foundation, Inc. is not a “public body” as defined in NRS 241.015(4), and therefore not subject to the OML.

TO QUESTION ONE The Division may lawfully determine what constitutes an approved residence based on the criteria provided in NRS 213.1243, subsections 4, 5, and 10. The Division may also lawfully determine how frequently it verifies a lifetime supervision sex offender’s residence. However, when approving a residence, the Division officers may not enter the premises without consent, a warrant, or an exception to the Fourth Amendment warrant requirement. ANALYSIS In McNeill, the Defendant appealed his conviction for violating conditions of lifetime supervision. There, the Nevada Supreme Court an

When a retailer finances the retailer's own sales pursuant to the provisions of Chapter 97 of the NRS, but otherwise engages in no lending activity, the retailer’s business activity is governed exclusively by the provisions of Chapter 97 of the NRS. Under these circumstances, the retailer is not subject to licensure or regulation under Chapter 675 of the NRS. ' See NRS 675.055 (authorizing the Division to grant exemptions under specified circumstances). ? This presupposition is stated explicitly in the Division’s advisory opinions dated May 20, 2010 (“[A] person engaged in the financing of a r