NAC648.3385. Employment of unlicensed persons: Registration requirements; duties of licensee; interpretation of “employed by.”

     1. A licensee shall not employ a person unless the person employed by the licensee is provisionally registered or registered. A licensee shall immediately terminate the employment of a person employed by a licensee if the Board notifies the licensee that the Board has denied, suspended or revoked the provisional registration or registration of the person.

     2. If a person applies for employment with a licensee, the licensee or a designated employee of the licensee shall review the system of records maintained by the Board pursuant to NAC 648.3435 to determine whether the person is registered, is provisionally registered or has had his or her registration or provisional registration denied, suspended or revoked.

     3. If a licensee determines that the person is not registered or provisionally registered, and is not subject to denial, suspension or revocation, the licensee must instruct the person to:

     (a) Complete the application for registration;

     (b) Obtain two complete sets of fingerprints or provide a receipt for electronic submission of fingerprints to the Board;

     (c) Pay all applicable fees; and

     (d) Unless otherwise instructed by the Board, submit the application for registration to the Board.

     4. If a licensee determines that the provisional registration or registration of a person who applies for employment with the licensee has been denied, suspended or revoked by the Board, the licensee shall notify the applicant that he or she must contact the Board to obtain information concerning the denial, suspension or revocation.

     5. Each licensee shall maintain a passport-size photograph of each person employed by the licensee. The licensee shall retain the photograph for not less than 5 years after the last date on which the person is employed by the licensee. The photograph may be in the form of a photograph or may be digitally stored, but the photograph must be capable of being reproduced and available at the request of the Board.

     6. Any person who violates the provisions of this section is subject to disciplinary action by the Board.

     7. A licensee shall maintain written documentation establishing that the licensee received an application from each applicant for employment before accessing the Internet website established pursuant to NAC 648.3435 for at least 4 years after the date of receipt of the application.

     8. The Board will interpret “employed by” as used in this section and NRS 648.060 to include a person who performs the same duties as an employee.

     (Added to NAC by Priv. Investigator’s Lic. Bd. by R109-09, eff. 10-15-2010; A by R047-12, 10-23-2013)