NAC648.330. Holding of license in abeyance; investigation of certain licensees who voluntarily place license in abeyance before return of license to licensee.

     1. If a licensee or an applicant is or becomes employed as a peace officer, as defined in NRS 169.125, or by a federal, state or local law enforcement agency, or in a position which makes him or her eligible to contribute to any public employees’ retirement system and the Board finds that his or her private activities as a licensee create or would tend to create:

     (a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

     (b) The possibility of a use of his or her position with the public employer for personal advantage in the private activities,

Ê the Board will hold his or her license in abeyance for as long as he or she continues to have those responsibilities or serve in that position. Except as otherwise provided in subsection 2, a licensee may not engage in licensed activities while his or her license is being held in abeyance.

     2. Except as otherwise provided in this subsection, a licensee who is the qualifying agent for a corporate licensee pursuant to chapter 648 of NRS may have his or her license placed in abeyance as long as he or she refrains from engaging in licensed activities independent of his or her status as a qualifying agent. A licensee who became a qualifying agent before January 1, 1985, may have the license that is in the same category as his or her status as a qualifying agent placed in abeyance for as long as he or she retains such status. If the Board finds that a licensee’s status as a qualifying agent creates or would tend to create:

     (a) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

     (b) The possibility of a use of his or her position with the public employer for personal advantage in the private activities,

Ê the licensee may no longer act as a qualifying agent for the corporation.

     3. A licensee whose license is held in abeyance pursuant to subsection 1 or 2, must surrender the license to the Executive Director of the Board. If the provisions of subsection 1 or 2 no longer require that a license be held in abeyance, the Executive Director shall return the license to the former holder. The Executive Director may consult with the Board before making this determination.

     4. If a licensee who is not in the situation described in subsection 1 or 2 wishes to have his or her license held in abeyance, he or she may voluntarily surrender the license to the Executive Director, who will hold it in abeyance for any period specified by the requester, not exceeding 3 years. The Board may, upon request, grant an extension of the 3-year period if it finds that good cause warrants the extension. The Board will conduct an investigation of each licensee who, at the time he or she requests the return of the license held in abeyance pursuant to this subsection:

     (a) Is not a qualifying agent of a corporation licensed by the Board;

     (b) Is not working pursuant to any other license issued to him or her by the Board; or

     (c) Is not employed as a peace officer, as defined in NRS 169.125, or by a federal, state or local law enforcement agency, or in a position which makes him or her eligible to contribute to any public employees’ retirement system and the Board believes that his or her private activities as a licensee create or would tend to create:

          (1) A conflict of interest with his or her responsibilities to the public employer and his or her duty to discharge them; or

          (2) The possibility of a use of his or her position with the public employer for personal advantage in the private activities.

Ê The Board will, upon completion of its investigation, notify the licensee whether the license will be returned.

     5. The Board will not hold the license of an intern in abeyance.

     6. A license which is being held in abeyance pursuant to this section must be renewed in accordance with the provisions for such licenses set forth in chapter 648 of NRS.

     [Priv. Investigator’s Lic. Bd., § 11, eff. 1-15-74; A 8-21-81]—(NAC A 7-16-85, eff. 8-1-85; 10-16-87; 4-22-93; 10-25-93; 10-20-95)