§ 490.195 — Department to develop and implement process for determining whether person’s criminal history will disqualify person from obtaining license or temporary permit; fee; quarterly reports

Nevada § 490.195

• Jurisdiction: Nevada
• Title 43: PUBLIC SAFETY; VEHICLES; WATERCRAFT
• Ch. 490: Off-Highway

Text

1. The Department shall develop and implement a process by which a person with a criminal history may petition the Department to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to NRS 490.200 or a temporary permit.
2. Not later than 90 days after a petition is submitted to the Department pursuant to subsection 1, the Department shall inform the person of the determination of the Department of whether the person’s criminal history will disqualify the person from obtaining a license or temporary permit. The Department is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Department may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Department at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license or temporary permit from the Department.
5. A person may submit a new petition to the Department not earlier than 2 years after the final determination of the initial petition submitted to the Department.
6. The Department may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Department may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Department may post on its Internet website:
(a) The requirements to obtain a license or temporary permit from the Department; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a license or temporary permit from the Department.
8. The Department may request the criminal history record of a person who petitions the Department for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Department makes such a request of a person, the Department shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Department for a determination pursuant to subsection 1 shall not submit false or misleading information to the Department.
10. The Department shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Department pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Department pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Department determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

Legislative History

(Added to NRS by 2019, 2936 )