Title 54

NRS 648.189 Explanation of purpose of examination; consent; prohibited purposes. A polygraphic examination must not be conducted: 1. Unless the person examined is advised of the purpose of the examination. 2. Unless the person examined consents to it in writing. 3. For the purpos…

NRS 648.191 Technique for conducting examination. In conducting a polygraphic examination, an examiner or intern shall use only standard and widely accepted techniques based on comparison of the reaction to relevant questions and to questions asked as a control or techniques base…

NRS 648.193 Inquiries into examinee’s religion, political affiliation, sexual activities, sexual orientation, gender identity or expression or affiliation with labor organization prohibited; exception. During a polygraphic examination, the examiner or intern shall not make inquir…

NRS 648.195 Opinion of examiner or intern. 1. An examiner or intern shall not render a written or oral opinion based upon his or her analysis of polygraphic charts without administering two or more charts with the same questions on at least two of the charts. 2. An examiner or in…

NRS 648.197 Chronological log; polygraph charts; records; release of results of polygraphic examination. 1. Each examiner or intern shall maintain a chronological log of all polygraphic examinations which he or she administers. The log must include the date of each examination, t…

NRS 648.199 Availability of charts and records of examination to other examiners and interns. An examiner or intern may make charts and other records of an examination available to another polygraphic examiner or intern or group of polygraphic examiners or interns, including the …

NRS 648.200 Divulgence of information; false reports. It is unlawful for any licensee or any registered employee or other employee, security guard, officer or member of any licensee: 1. To divulge to anyone, except as he or she may be so required by law to do, any information acq…

NRS 648.203 Unlawful to allow unregistered employee to work; use of fingerprints to determine criminal history. 1. Except as otherwise provided in NRS 253.220, it is unlawful for a person to allow an employee to perform any work regulated pursuant to the provisions of this chapte…

NRS 648.210 Criminal penalties. A person who violates any of the provisions of NRS 648.060 to 648.203, inclusive: 1. For the first violation is guilty of a misdemeanor. 2. For the second and subsequent violations, is guilty of a gross misdemeanor. [Part 5:85:1947; 1943 NCL § 5175…

NRS 648.220 Injunctive relief; civil penalty. 1. The Board may apply to any court of competent jurisdiction to enjoin any person who has engaged or is about to engage in any act which violates any provision of this chapter or any regulation adopted by the Board. 2. Such an injunc…

NRS 649.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.044, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1969, 829; A 1983, 1710; 1985, 536; 2021, 1670, 2067; …

NRS 649.010 “Claim” defined. “Claim” means any obligation for the payment of money or its equivalent that is past due, delinquent or in default and assigned to a collection agency. [Part 2:237:1931; 1931 NCL § 1420.01]—(NRS A 1969, 835; 1995, 999; 2023, 3592)

NRS 649.015 “Collection activities” defined. “Collection activities” means activities performed by a collection agency or collection agents related to the collection of or attempt to collect a claim. (Added to NRS by 2023, 3588)

NRS 649.020 “Collection agency” defined. 1. “Collection agency” means all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or …

NRS 649.025 “Collection agent” defined. “Collection agent” means any person, who, on behalf of a collection agency, makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:…

NRS 649.026 “Commissioner” defined. “Commissioner” means the Commissioner of Financial Institutions. (Added to NRS by 1983, 1710; A 1987, 1887)

NRS 649.028 “Compliance manager” defined. “Compliance manager” means a person who: 1. Holds a compliance manager’s certificate; 2. Is designated as the compliance manager of a collection agency; 3. Shares equally with the holder of a license to conduct a collection agency the res…

NRS 649.030 “Customer” defined. “Customer” means any person authorizing or employing a collection agency for any of the purposes permitted or authorized by this chapter. [Part 2:237:1931; 1931 NCL § 1420.01]—(NRS A 1969, 835)

NRS 649.031 “Debt buyer” defined. “Debt buyer” means a person who is regularly engaged in the business of purchasing claims that have been charged off for the purpose of collecting such claims, including, without limitation, by personally collecting claims, hiring a third party t…

NRS 649.033 “Exempt entity” defined. “Exempt entity” means an entity described in paragraphs (b) to (k), inclusive, of subsection 2 of NRS 649.020. (Added to NRS by 2023, 3589)

NRS 649.035 “Manager” defined. [Replaced in revision by NRS 649.028.]

NRS 649.036 “Medical debt” defined. 1. “Medical debt” means any debt owed for goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services. 2. Except as otherwise provided in subsection 3, the term includes the financing …

NRS 649.037 “Medical debtor” defined. “Medical debtor” means a debtor who owes a medical debt. (Added to NRS by 2021, 1669)

NRS 649.038 “Medical facility” defined. “Medical facility” has the meaning ascribed to it in NRS 449.0151. (Added to NRS by 2021, 1669)

NRS 649.039 “Nationwide Multistate Licensing System and Registry” or “Registry” defined. “Nationwide Multistate Licensing System and Registry” or “Registry” has the meaning ascribed to it in NRS 604A.083. (Added to NRS by 2021, 2064)

NRS 649.041 “Provider of emergency medical services” defined. “Provider of emergency medical services” means: 1. The operator of an ambulance or air ambulance; or 2. A fire-fighting agency which provides transportation for persons in need of emergency services and care to hospita…

NRS 649.042 “Provider of health care” defined. “Provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NRS by 2021, 1669)

NRS 649.044 “Remote location” defined. “Remote location” means a location separate from either the principal place of business or a branch office of a collection agency. (Added to NRS by 2023, 3589)

NRS 649.045 Legislative finding and declaration. The Legislature finds and declares that: 1. There exists in this State a need for more stringent regulatory control over collection agencies to ensure that they are composed only of responsible and well qualified personnel. 2. It i…

NRS 649.051 Administration and enforcement of chapter. The Commissioner shall administer and enforce the provisions of this chapter, subject to the administrative supervision of the Director of the Department of Business and Industry. (Added to NRS by 1969, 830; A 1983, 1710; 198…

NRS 649.053 Regulations. The Commissioner shall adopt such regulations as may be necessary to carry out the provisions of this chapter. (Added to NRS by 1969, 830; A 1983, 1710; 1987, 1887; 1995, 999)

NRS 649.056 Regulations prescribing methods of conducting business; investigations and examinations. The Commissioner may: 1. By regulation prescribe for collection agencies the method and manner of: (a) Keeping records. (b) Preparing and filing financial and other reports. (c) H…

NRS 649.057 Investigations and hearings. In the conduct of any investigation or hearing, the Commissioner may: 1. Compel the attendance of any person by subpoena. 2. Administer oaths. 3. Examine any person under oath concerning the business and conduct of affairs of any person su…

NRS 649.059 Approval of printed forms. The Commissioner may require collection agencies to submit any printed form of agreements, listing sheets, acknowledgments, communications or other documents used in its business for the Commissioner’s approval or disapproval. (Added to NRS …

NRS 649.061 Notification of results of examination; retention and destruction of examination papers. 1. The Commissioner shall notify all applicants for licensure or certification of the results of any examination taken under this chapter, by certified mail, as soon as the result…

NRS 649.065 Records: Maintenance by Commissioner; contents; confidentiality and disclosure of application and personal or financial records and other documents submitted or obtained pursuant to certain examination, audit or investigation. 1. The Commissioner shall keep in the Off…

NRS 649.067 Records: Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action deemed public records. 1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commissioner, all d…

NRS 649.075 License required to engage in business of collection agency; conduct constituting engaging in such business; location for which license required to be obtained; conditions under which debt buyer is authorized to share license with affiliated person. 1. Except as other…

NRS 649.085 Qualifications of applicant for license. Every individual applicant, every officer and director of a corporate applicant, and every member of a firm or partnership applicant for a license as a collection agency or collection agent must submit proof satisfactory to the…

NRS 649.095 Application for license: Contents; examination of applicant; submission of financial statement; withdrawal of application. 1. An application for a license must be in writing and filed with the Commissioner on a form provided for that purpose. 2. The application must s…

NRS 649.105 Bond or substitute security required; amount and conditions; adjustments in amount. 1. An applicant for a license must file with the Commissioner, concurrently with the application, a bond in the sum of $35,000, or an appropriate substitute pursuant to NRS 649.119, wh…

NRS 649.115 Form of bond; matters covered by bond; statute of limitations for bringing action on bond. 1. The bond must be in a form approved by the Division of Financial Institutions of the Department of Business and Industry and conditioned that the applicant conduct his or her…

NRS 649.119 Deposit as substitute for bond. 1. An applicant for a license may deposit with any bank or trust company authorized to do business in this State, with the permission of the Commissioner, as a substitute for the surety bond required by NRS 649.105: (a) An obligation of…

NRS 649.125 Investigation by Commissioner. Upon receiving an application for a license and bond in proper form along with payment of the required fee, the Commissioner shall investigate all the facts stated in the application and the requirements of NRS 649.135. (Added to NRS by …

NRS 649.135 Approval of application: Conditions; findings; notice; issuance of unique license number; update of public record regarding licensees. 1. The Commissioner shall approve an application for a license and keep on file his or her findings of fact pertaining thereto if the…

NRS 649.155 Order denying application; notice of denial. 1. If the Commissioner finds that any application or applicant for a collection agency license does not meet the requirements of NRS 649.135, the Commissioner shall enter an order denying the application. 2. Within 10 days …