NAC483.7631. Additional grounds for suspension, revocation or refusal to renew license; licensing of instructor who is convicted of traffic offense involving alcohol or controlled substance.

     1. The Department may suspend, revoke or refuse to renew:

     (a) Any license issued pursuant to NRS 483.700 to 483.780, inclusive, if, in addition to the grounds set forth in NRS 483.760:

          (1) The licensee is convicted of a:

               (I) Felony in this State or any other jurisdiction;

               (II) Gross misdemeanor;

               (III) Misdemeanor for violating any of the provisions of NAC 483.708 to 483.795, inclusive;

               (IV) Crime involving fraud, dishonesty or moral turpitude;

               (V) Sexual offense as defined in NRS 179D.097; or

               (VI) Crime that the Department determines is related to the license in question.

          (2) The licensee willfully fails to comply with any:

               (I) Statute of this State governing motor vehicles, including, without limitation, NRS 483.700 to 483.780, inclusive, and any regulations adopted pursuant thereto; or

               (II) Directive issued by the Director.

          (3) The licensee fails or refuses to pay or otherwise discharge any final judgment entered against the licensee arising out of any misrepresentation or fraud committed by the licensee in connection with the license.

          (4) The Director determines that:

               (I) The licensee knowingly made a false or misleading statement or concealed a material fact in connection with his or her application for the license;

               (II) The licensee is unfit to hold the license;

               (III) The licensee no longer satisfies the requirements for the issuance of the license; or

               (IV) The suspension or revocation of the license, or the refusal to renew the license, is in the best interest of the public.

     (b) A license to operate a school for drivers if the licensee:

          (1) Makes any change in the curriculum, schedule of classes or physical or mailing address of the school without having first applied for and obtained the approval of the Department for the change as required by NAC 483.768;

          (2) Fails to provide the Department with a current schedule of classes and instructors at least once a month;

          (3) Fails to satisfy the Department that the licensee:

               (I) Holds a license as an instructor; or

               (II) Employs or contracts with a licensed instructor to operate the school;

          (4) Permits a class to be taught by:

               (I) An unlicensed person; or

               (II) An instructor trainee without an instructor being present in the classroom; or

          (5) Ceases to maintain an established place of business in this State.

     (c) A license to operate a school for training drivers if the licensee fails to maintain the surety bond required by NRS 483.710 or any other bond or license required by any political subdivision of this State.

     (d) A license to operate a school for drivers if the licensee has on its staff an instructor who is registered as a third-party certifier pursuant to NAC 483.1224 if:

          (1) Such an instructor executes an affidavit certifying the driving ability of a student enrolled at the school and:

               (I) The instructor did not administer the driving skills test to the student; or

               (II) The instructor also conducted the instruction to the student relating to the test given.

          (2) A person other than such an instructor executes an affidavit certifying the driving ability of a student enrolled at the school.

          (3) The operator of the school refuses to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the school that relate to such instructors at the school and to the students enrolled at the school whose driving abilities are being certified by those instructors.

     (e) A license as an instructor who is registered as a third-party certifier pursuant to NAC 483.1224, if the licensee violates any provision of NAC 483.121 to 483.1236, inclusive.

     (f) A license as an instructor or instructor trainee if the licensee is convicted of any traffic offense involving alcohol or a controlled substance.

     2. If the Department revokes the license of an instructor upon the revocation of the driver’s license or driving privilege of the instructor following the instructor’s conviction of any traffic offense involving alcohol or a controlled substance, the Department will not:

     (a) Issue to that person a new license as an instructor until 1 year after the date of the reinstatement of his or her driver’s license or driving privilege; or

     (b) Approve that person to provide behind-the-wheel training until 3 years after the date of the reinstatement of his or her driver’s license or driving privilege.

     3. For the purposes of this section, the failure of a licensee to comply with a directive of the Director shall be deemed to be willful if the licensee fails to comply with the directive within 10 days after the licensee’s receipt of the directive.

     (Added to NAC by Dep’t of Motor Veh. by R157-01, eff. 8-27-2002; R107-03, 2-18-2004)