NAC116A.145. Reinstatement of inactive certificate; reapplication following failure to renew certificate.

     1. A certificate holder whose certificate is on inactive status for a period of more than 1 year and who wishes to reinstate the certificate must submit an application to the Division on a form prescribed by the Division.

     2. Each applicant 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) 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;

     (b) Documentation that the applicant possesses the education required pursuant to NAC 116A.140;

     (c) Documentation that the applicant has passed the examination for certification;

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

     (e) Payment of the fee required by NAC 116A.515 for reinstatement; and

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

     4. If a certificate has not been renewed for a period that exceeds 1 year past its expiration date, an applicant must reapply pursuant to the provisions of NAC 116A.110.

     5. The Division may refuse to reinstate a certificate if:

     (a) 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;

     (b) The applicant fails to complete, sign and submit the statement required pursuant to NRS 116A.440;

     (c) The Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant; or

     (d) The applicant has engaged in conduct which is grounds for disciplinary action pursuant to NAC 116A.355 and has been disciplined by the Division or the Commission.

     6. If the Division, after an application to reinstate a certificate in proper form has been filed, accompanied by the proper fees, refuses to reinstate the certificate, the Division shall give notice of this fact to the applicant within 15 days after the ruling, order or decision. The applicant may file a written request for a hearing before the Commission pursuant to the procedures set forth in NAC 116A.135.

     7. If the Division refuses to reinstate a certificate solely because it receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional certificates and permits issued to the applicant, the Division shall reinstate the certificate if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)—(Substituted in revision for NAC 116.165)