Existing law provides for the licensure and regulation of certain professions and occupations in this State. (Title 54 of NRS) Existing law, in general, designates various state agencies, boards and commissions that are authorized to license and regulate those professions and occupations as “regulatory bodies.” (NRS 622.060) Existing law authorizes or requires various regulatory bodies to deny an application for the issuance of a professional or occupational license based on the moral character or criminal history of the applicant. For example, existing law authorizes the Nevada State Board of Accountancy to refuse to grant a certificate of certified public accountant to an applicant if he or she has been convicted of a felony in this State. (NRS 628.190) Similarly, existing law requires an applicant for a license as an athletic trainer to be of good moral character. (NRS 640B.310) This bill sets forth procedures by which an applicant for the issuance of a “license,” which existing law defines to mean any license, certificate, registration, permit or other similar type of authorization issued by a regulatory body, may obtain judicial review of a final decision of the regulatory body denying the application of the applicant on the basis of the moral character or criminal history of the applicant. (NRS 622.030)
This bill requires a regulatory body that denies an application for the issuance of a license on the basis of the moral character or criminal history of the applicant to, before issuing a final decision on the matter, advise the applicant of the administrative remedies available for challenging the denial, if any, and the applicable timelines for pursuing such remedies. If the regulatory body issues a final decision denying the application of the applicant on the basis of the moral character or criminal history of the applicant, this bill requires the regulatory body to provide written notice to the applicant within 10 days after the issuance of the final decision. This bill authorizes the applicant to file a petition in the district court seeking review of the decision within 30 days after receipt of the notice. Under this bill, the regulatory body is required to prove by a preponderance of the evidence at the hearing on the petition that the issuance of the license to the applicant would pose a direct, substantial and unmitigatable risk to public health or safety based on the duties and responsibilities of the profession or occupation in which the applicant wishes to engage. If the court determines that the regulatory body has met that burden of proof, this bill requires the court to issue an order affirming the decision of the regulatory body. If the court determines that the regulatory body has not met that burden of proof, this bill requires the court to order the regulatory body to issue the applicant the license. Under this bill, the regulatory body is required to comply with the order, notwithstanding any other provision of existing law.