Existing law requires a board of county commissioners of a county, the governing body of an incorporated city and various state agencies, boards and commissions that are authorized to license and regulate a particular occupation or profession to develop and implement a process by which a person may submit a petition to determine whether the criminal history of the person would disqualify the person from being issued certain licenses. (NRS 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 445B.7776, 449.03008, 449.4316, 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 706.4626) This bill provides, in skeleton form, for: (1) restrictions on the aspects of the criminal history of an applicant that a licensing entity is authorized to consider in determining whether to issue the applicant a license; and (2) procedures that a licensing entity must follow to deny an applicant a license based on his or her criminal history. This bill would apply to each licensing entity that is required under existing law to develop and implement a petition process for a determination as to whether a person is disqualified for a license based on his or her criminal history. Additionally, this bill would apply to the State Contractors' Board and the Private Investigator's Licensing Board, which are two regulatory bodies that are excluded from the requirement to establish such a petition process under existing law. (NRS 622.085) Section 3 of this bill prohibits a regulatory body from denying a license to an applicant on the basis of his or her criminal history except in accordance with the procedures set forth in sections 3-7 of this bill. Section 3 prohibits a regulatory body from requiring an applicant to disclose, and from considering in determining whether to issue an applicant a license, any information concerning the criminal history of the applicant except for information concerning a “potentially disqualifying felony offense,” which section 2 of this bill defines, in general, to mean a felony for which a person: (1) was convicted; (2) is currently or was previously imprisoned; and (3) if the person is not currently in prison, was released from prison within the immediately preceding 3 years. Section 8 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes. Section 4 of this bill provides that an applicant is disqualified from obtaining a license on the basis of his or her criminal history only if clear and convincing evidence exists that: (1) the applicant has been convicted of a potentially disqualifying felony offense; (2) the offense directly relates to the duties and responsibilities of the occupation or profession for which the applicant seeks a license; (3) the applicant has not been rehabilitated; and (4) issuing the applicant a license would pose a direct and substantial risk to the public safety. Section 5 of this bill requires a regulatory body to direct the executive director of the regulatory body or a designee of the regulatory body to render a preliminary decision if it appears that an applicant for a license may be disqualified based on his or her criminal history. Section 5 entitles the applicant to an informal meeting with the executive director or designee before he or she renders a preliminary decision. Section 6 of this bill sets forth certain requirements for the conduct of such an informal meeting. If the decision of the executive director or designee is not adverse to the applicant, section 7 of this bill requires the regulatory body to accept the decision. If the decision is adverse to the applicant, section 7 requires the regulatory body to provide the applicant notice and an opportunity for a hearing before the regulatory body is authorized to deny the applicant a license on the basis of his or her criminal history. Under existing law, if a person files a petition with a regulatory body for a determination as to whether a person's criminal history would disqualify the person from being issued a license, the regulatory body's determination is not binding on the regulatory body. (NRS 622.085) Section 9 of this bill prohibits a regulatory body from rescinding a determination of qualification unless there has been a material change in the criminal history of the person. If such a determination has not been rescinded, section 7 requires a regulatory body, before the regulatory body may deny the person a license on the basis of his or her criminal history, to find that a material change in the applicant's criminal history has rendered the applicant disqualified from obtaining a license. Existing law authorizes a regulatory body to post on its Internet website a list of crimes that would disqualify a person from obtaining a license from the regulatory body. (NRS 622.085) Section 9 removes that provision to reflect the fact that sections 3-7 require an individual determination as to whether a person's criminal history disqualifies the person from obtaining a license and no particular crime, in and of itself, would disqualify an applicant from licensure. Instead, section 9 requires each regulatory body to post on its Internet website an explanation of the procedures set forth in sections 3-7. Existing law requires an applicant for a certificate of registration as a landscape architect to be of good moral character to be issued a certificate. (NRS 623A.170) Existing law provides that an applicant has good moral character if the applicant, among other things: (1) has not been convicted of a felony, misdemeanor or gross misdemeanor that is directly related to the practice of landscape architecture; and (2) is not incarcerated in a jail or prison at the time of submitting an application for a certificate. (NRS 623A.065) Section 10 of this bill eliminates those provisions which would automatically prohibit a person from being issued a certificate of registration as a landscape architect on the basis of his or her criminal history to conform with the procedures for the denial of licensure on the basis of criminal history set forth in sections 3-7. A full drafting of this bill would be considerable in length. Provisions setting forth procedures comparable to those set forth in sections 3-7 would be required to be added to the bill for each applicable licensing entity. Additionally, numerous provisions throughout the Nevada Revised Statutes which authorize an applicable licensing entity to consider various aspects of the criminal history of an applicant or which require the denial of a license to a person convicted of certain criminal offenses would be required to be amended or repealed.

Statutes affected:
As Introduced: 622.005, 622.085, 623A.065
BDR: 622.005, 622.085, 623A.065