NAC116A.110. Application for certificate: Requirements; action by Division; burden of proof.

     1. A person who wishes to obtain a certificate must submit an application to the Division on a form prescribed by the Division.

     2. Each applicant, other than an applicant who holds a temporary certificate, must, as part of the application and at his or her own expense:

     (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Division; and

     (b) Submit to the Division:

          (1) A completed fingerprint card and written permission authorizing the Division to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary; or

          (2) Written verification, on a form prescribed by the Division, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Division deems necessary.

     3. In addition to the requirements set forth in subsection 2, the applicant must submit to the Division:

     (a) A photograph of the applicant, measuring approximately 2 inches by 2 inches, taken within the 2 years immediately preceding the date of the application;

     (b) If the applicant does not hold a temporary certificate, payment of the fees charged by a local law enforcement agency pursuant to NAC 116A.525 or, if the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository pursuant to subsection 2, evidence of such payment;

     (c) The social security number of the applicant;

     (d) A statement concerning whether the applicant has been convicted of, or entered a plea of guilty or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or possessing for the purpose of sale any controlled substance or any crime involving moral turpitude;

     (e) Documentation that the applicant holds a temporary certificate or possesses the education and experience required pursuant to NAC 116A.120 and, if applicable, NAC 116A.155;

     (f) If the applicant does not hold a temporary certificate, documentation of the employment history of the applicant for the 10 years immediately preceding the date of the application, including, without limitation, letters of recommendation and affidavits of employment from common-interest communities or employers in other related areas;

     (g) The statement described in NRS 116A.440;

     (h) The fee required by NAC 116A.515 for the application for, and issuance of, a certificate; and

     (i) Such other pertinent information as the Division may require.

     4. The Division shall act upon all applications for a certificate within 60 days after the date of receiving the completed application for a certificate.

     5. If the Division determines that additional investigation of the applicant is necessary, the Division may extend the 60-day period and may make such additional investigation as is necessary or desirable before acting upon the application.

     6. The burden of proof is on the applicant to establish to the satisfaction of the Division that he or she is qualified to receive a certificate.

     (Added to NAC by Real Estate Comm’n by R058-98, 6-26-98, eff. 7-1-98; A by R136-99, 4-3-2000; A by Comm’n for Common-Interest Communities by R129-04, 4-14-2005; A by Comm’n for Common-Interest Communities & Condo. Hotels by R165-09, 12-16-2010)—(Substituted in revision for NAC 116.100)