Existing law authorizes or requires various entities that issue professional or occupational licenses to deny an application for the issuance of such a 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) Additionally, under existing law, the Cannabis Compliance Board is prohibited, with certain exceptions, from issuing a cannabis establishment agent registration card to a person who has been convicted of certain felony offenses. (NRS 678B.340) This bill sets forth procedures by which an applicant for the issuance of any license, certification, registration, permit or other authorization that grants a person the authority to engage in a profession or occupation in this State that is issued by any officer, agency, board or commission of this State or any political subdivision of this State may obtain judicial review of a decision denying the application of the applicant on the basis of the moral character or criminal history of the applicant.
This bill requires a licensing agency that denies an application for the issuance of a license on the basis of the moral character or criminal history of the applicant to provide written notice to the applicant within 10 days after the denial. 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 licensing agency is required to prove by clear and convincing 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 licensing agency has met that burden of proof, this bill requires the court to issue an order affirming the decision of the licensing agency. If the court determines that the licensing agency has not met that burden of proof, this bill requires the court to order the licensing agency to issue the applicant the license. Under this bill, the licensing agency is required to comply with the order, notwithstanding any other provision of existing law.