§ 555.305 — Petition to review criminal history to obtain license; requirements; fee; report

Nevada § 555.305

• Jurisdiction: Nevada
• Title 49: AGRICULTURE
• Ch. 555: Control

Text

1. The Director shall develop and implement a process by which a person with a criminal history may petition the Director to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a business license or license as an applicator pursuant to NRS 555.290 .
2. Not later than 90 days after a petition is submitted to the Director pursuant to subsection 1, the Director shall inform the person of the determination of the Director of whether the person’s criminal history will disqualify the person from obtaining a license. The Director is not bound by his or her determination of disqualification or qualification and may rescind such a determination at any time.
3. The Director 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 Director at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Director.
5. A person may submit a new petition to the Director not earlier than 2 years after the final determination of the initial petition submitted to the Director.
6. The Director 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 Director may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Director may post on the Internet website of the Department:
(a) The requirements to obtain a license from the Director; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Director.
8. The Director may request the criminal history record of a person who petitions the Director for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Director makes such a request of a person, the Director 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 Director for a determination pursuant to subsection 1 shall not submit false or misleading information to the Director.
10. The Director of the State Department of Agriculture 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 Director of the State Department of Agriculture pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Director of the State Department of Agriculture pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director of the Legislative Counsel Bureau or which the Director of the State Department of Agriculture determines would be helpful.
11. The Director of the Legislative Counsel Bureau 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, 2945 ; A 2021, 155 )