Existing law creates the Office of Nevada Boards, Commissions and Councils Standards of the Department of Business and Industry and sets forth the powers and duties of the Office. (NRS 232.8413, 232.8415) Existing law provides, with certain exceptions, that all professional and occupational licensing boards created by the Legislature are under the purview of the Office. (NRS 232.8415) Section 10 of this bill requires the Office to provide administrative services to each professional and occupational licensing board under its purview, including, without limitation, accounting services and information technology services. Section 10 additionally authorizes a professional or occupational licensing board under the purview of the Office to use the services of a hearing officer employed by the Office to adjudicate a contested case before the board. Section 10 requires the Office to: (1) prescribe a fee to cover the costs incurred by the Office for any service provided by the Office; (2) adopt such procedures as the Office may deem appropriate for the billing or collection of such fees from a professional or occupational licensing board to which such a service is provided; and (3) establish procedures to provide each professional and occupational licensing board which has paid such a fee a portion of any money collected from those fees that is unexpended at the end of a fiscal year.
Section 10 prohibits a professional or occupational licensing board under the purview of the Office from paying any compensation to a natural person or entity other than the Office for a service that the Office provides, not including the services of a hearing officer employed by the Office. Sections 24, 27-29, 31, 36, 37, 42, 48, 49, 51, 54, 56, 59, 61, 62, 64, 70, 72, 75, 76, 80, 86, 90, 95, 98, 101, 107, 110, 113, 116, 118, 121 and 123 of this bill make conforming changes to provisions which authorize such a board to employ persons to reflect the limitation on the payment of compensation for services that the Office provides.
Section 10 requires all money collected by the Office for the provision of services to professional and occupational licensing boards under the purview of the Office to be deposited in the State Treasury for credit to the Office of Nevada Boards, Commissions and Councils Standards Account, which is created by section 11 of this bill.
Existing law requires the Director of the Department of Business and Industry to retain the required staff to effectively administer the responsibilities of the Office. (NRS 232.8413) Section 18 of this bill specifies that the Director is required to retain the required staff to the extent that money is available, including, without limitation, money collected from any fee imposed pursuant to section 10. Section 18 also specifies that such staff may include, without limitation, executive staff, administrative and clerical staff, research and analytical staff and other persons deemed necessary to effectively administer the responsibilities of the Office. Section 5 of this bill authorizes the Director to appoint a General Counsel of the Office and deputies to the General Counsel. Additionally, section 5 authorizes the Director to retain an attorney other than the General Counsel or deputy under certain circumstances.
Sections 6-8 of this bill require the Office, with certain exceptions, to periodically review each board, commission, council and similar body in this State within the Executive Department of the State Government and set forth procedures for conducting such a review. At the conclusion of such a review, section 8 requires the Deputy Director of the Office to submit to the Governor his or her recommendation as to whether the board, commission, council or similar body should be terminated, modified, consolidated with another board, commission, council or similar body or continued. Section 8 requires the Governor, if necessary, to request the drafting of a legislative measure to effectuate the recommendation.
Section 12 of this bill requires a professional or occupational licensing board under the purview of the Office to provide notice to the Deputy Director if the board intends to request that any person or governmental entity submit to the Legislative Counsel a request for the drafting of a legislative measure on behalf of the board.
Section 13 of this bill: (1) requires the Office to maintain an Internet website through which each professional and occupational licensing board under the purview of the Office may post information; and (2) prohibits such a board from posting information on any other Internet website. Sections 22, 38-40, 43-46, 52, 55, 57, 58, 65, 68, 78, 79, 81-85, 102, 103, 105, 108, 113, 116 and 117 of this bill eliminate the authority of professional and occupational licensing boards under the purview of the Office to maintain or post information to any Internet website other than that described in section 13.
Section 14 of this bill authorizes the Office to have access to, inspect, copy and subpoena various records and use the information obtained to resolve matters relating to its duties.
Section 15 of this bill requires each professional and occupational licensing board under the purview of the Office to, each year, elect from its members a President, a Vice President and a Secretary. Sections 23, 25, 26, 30, 32-35, 37, 41, 47, 50, 53, 60, 63, 66, 69, 71, 73, 74, 77, 87-89, 91-94, 96, 97, 99, 100, 104, 106, 109, 111, 112, 114, 115, 119, 120, 122 and 124 of this bill revise provisions governing the election of officers of a board to conform to the requirements of section 15.
Section 16 of this bill authorizes: (1) a professional or occupational licensing board under the purview of the Office to apply for and accept gifts, grants, contributions or other money from any source to carry out the duties of the board; and (2) the Office to provide administrative support to such a board concerning grants to help ensure accountability and maximize opportunities for funding.
Section 19 of this bill removes the Commission on Postsecondary Education of the Employment Security Division of the Department of Employment, Training and Rehabilitation from the purview of the Office. (NRS 232.8415)
Section 20 of this bill requires the Office of Minority Health and Equity of the Department of Health and Human Services, rather that the Director of the Department of Business and Industry, to provide staff assistance to the Nevada Commission on Minority Affairs. (NRS 232.864)
Existing law authorizes the Governor to remove any member of a board, commission or similar body appointed by the Governor for malfeasance or nonfeasance in the performance of his or her duties. (NRS 232A.030) Section 21 of this bill similarly authorizes the Governor to remove for those reasons any person employed by a professional or occupational licensing board as an executive director or executive secretary or in a position with duties similar to that of an executive director or executive secretary.
Section 17 of this bill makes a conforming change to apply the definitions applicable to provisions governing the Department of Business and Industry to the provisions of sections 2-16.
Statutes affected: BDR: 232.505, 232.8413, 232.8415, 232.864, 232A.030, 622.085, 623.100, 623.135, 623.220, 623A.100, 623A.120, 624.115, 624.540, 625.110, 625.135, 625.381, 625.440, 625A.030, 625A.040, 625A.055, 628.090, 628.130, 628.160, 629.053, 630.090, 630.106, 630.144, 630.146, 630.2672, 630.323, 630A.140, 630A.190, 630A.560, 631.160, 631.190, 631.364, 632.060, 632.065, 632.352, 633.271, 633.4717, 633.574, 633.731, 634.030, 634.043, 634A.070, 635.030, 635.035, 635.152, 636.080, 636.090, 636.338, 637.040, 637.050, 637B.120, 637B.130, 637B.310, 638.050, 638.070, 638.1419, 639.040, 639.063, 639.067, 639.070, 639.23288, 639.23916, 639.2596, 639.28078, 639.570, 640.050, 640.145, 640.146, 640A.090, 640A.100, 640A.165, 640A.166, 640A.210, 640B.190, 640B.200, 640B.720, 640C.180, 640C.210, 640C.426, 640C.750, 641.115, 641.117, 641A.210, 641B.120, 641B.180, 641C.160, 641C.180, 641C.205, 641D.200, 641D.260, 642.020, 642.040, 642.055, 642.110, 643.030, 643.050, 643.100, 644A.225, 644A.855, 648.020, 648.025, 656.080, 656.110, 656.260