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CHAPTER 649 - Part 1 - COLLECTION AGENCIES

GENERAL PROVISIONS
NRS 649.005 Definitions.
NRS 649.010 "Claim" defined.
NRS 649.020 "Collection agency" defined.
NRS 649.025 "Collection agent" defined.
NRS 649.026 "Commissioner" defined.
NRS 649.030 "Customer" defined.
NRS 649.035 "Manager" defined.
NRS 649.045 Legislative finding and declaration.

COLLECTION AGENCY ADVISORY BOARD
NRS 649.047 Creation; members; terms and compensation of members; Chairman; quorum; meetings.
NRS 649.049 Powers of Board.

ADMINISTRATION
NRS 649.051 Administration and enforcement of chapter.
NRS 649.053 Regulations.
NRS 649.054 Regulations authorizing collection from location outside of Nevada; standards for trust accounts.
NRS 649.056 Regulations prescribing methods of conducting business; investigations and examinations.
NRS 649.057 Investigations and hearings.
NRS 649.059 Approval of printed forms.
NRS 649.061 Notification of results of examination; retention and destruction of papers.
NRS 649.065 Records: Maintenance by Commissioner; contents; general provisions governing confidentiality and public inspection.
NRS 649.067 Records: Certain records relating to investigation deemed confidential; certain records relating to disciplinary action deemed public records.

LICENSING OF COLLECTION AGENCIES AND COLLECTION AGENTS
NRS 649.075 License required; exception.
NRS 649.085 Qualifications of applicant for license.
NRS 649.095 Application for license: Contents; financial statement; examination of applicant. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.095 Application for license: Contents; financial statement; examination of applicant. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.105 Applicant’s bond: Amount and conditions.
NRS 649.115 Applicant’s bond: Form; claims and property covered; when action to be brought on bond.
NRS 649.119 Deposit as substitute for bond.
NRS 649.125 Investigation by Commissioner.
NRS 649.135 Order approving application; findings.
NRS 649.145 Conditions for issuance of license; contents of license. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.145 Conditions for issuance of license; contents of license. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.155 Order denying application; notice of denial.
NRS 649.165 Rights of licensee.
NRS 649.167 Permit for branch office; examination of principal office; manager required on premises.

MANAGERS
NRS 649.175 Manager’s certificate required.
NRS 649.185 Application to Commissioner. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.185 Application to Commissioner. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.196 Applicant for certificate: Qualifications; requirements; notice of refusal to issue certificate; request for hearing.
NRS 649.205 Examination.
NRS 649.215 Grounds for refusing examination or suspending or revoking certificate.
NRS 649.225 Issuance of certificate; notice of manager’s change of residence address.
MISCELLANEOUS PROVISIONS
NRS 649.233 Payment of child support: Statement by applicant for license or manager’s certificate; grounds for denial of license or manager’s certificate; duty of Commissioner. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.235 Expiration; licenses and certificates not transferable.
NRS 649.245 Renewal. [Effective until the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.245 Renewal. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

FEES
NRS 649.295 Amounts; deposit.
NRS 649.300 Payment of assessment; cooperation with audits and examinations.

CONDUCT OF BUSINESS; PROHIBITED PRACTICES
NRS 649.305 Collection agency not to operate without manager.
NRS 649.315 Display of license or certificate.
NRS 649.325 Change of location of business.
NRS 649.330 Notification of change in management or ownership of voting stock; application for licensure of replacement; investigation; costs; waiver.
NRS 649.334 Written agreement to be specific, intelligible and unambiguous; money collected to be credited first to principal; partial collection of claim prohibited; accounting of money collected on behalf of customer.
NRS 649.3345 Withdrawal of claim by customer.
NRS 649.335 Retention and examinations of records and accounts.
NRS 649.345 Annual reports to Commissioner.
NRS 649.355 Business ethics and practices; trust accounts.
NRS 649.365 Use of certain names and terms prohibited.
NRS 649.375 Prohibited practices.

DISCIPLINARY ACTION
NRS 649.385 Investigation of verified complaint; verified answer; action by Commissioner after informal hearing.
NRS 649.390 Investigation of verified complaint concerning unlicensed person; order to cease and desist; administrative fines; suit to recover fine; cumulative penalties.
NRS 649.395 Authorized disciplinary action; grounds for disciplinary action; effect of revocation of license; orders imposing discipline deemed public records.
NRS 649.398 Suspension of license or manager’s certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or manager’s certificate. [Expires by limitation on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 649.400 Injunctive relief.

PENALTIES
NRS 649.435 Violation of chapter; each day of unlawful operation constitutes separate offense.

GENERAL PROVISIONS
NRS 649.005 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.035, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1969, 829; A 1983, 1710; 1985, 536)
NRS 649.010 "Claim" defined. "Claim" means any obligation for the payment of money or its equivalent that is past due.
[Part 2:237:1931; 1931 NCL § 1420.01]-(NRS A 1969, 835; 1995, 999)

NRS 649.020 "Collection agency" defined.

"Collection agency" means and includes all persons engaging, directly or indirectly, and as a primary or a secondary object, business or pursuit, in the collection of or in soliciting or obtaining in any manner the payment of a claim owed or due or asserted to be owed or due to another.
"Collection agency" does not include any of the following unless they are conducting collection agencies:

Individuals regularly employed on a regular wage or salary, in the capacity of credit men or in other similar capacity upon the staff of employees of any person not engaged in the business of a collection agency or making or attempting to make collections as an incident to the usual practices of their primary business or profession.
Banks.
Nonprofit cooperative associations.
Abstract companies doing an escrow business.
Duly licensed real estate agents.
Attorneys and counselors at law licensed to practice in this state, so long as they are retained by their clients to collect or to solicit or obtain payment of such clients’ claims in the usual course of the practice of their profession.

[Part 2:237:1931; 1931 NCL § 1420.01] + [14:237:1931; 1931 NCL § 1420.13]-(NRS A 1969, 835)

NRS 649.025 "Collection agent" defined. "Collection agent" means any person, whether or not regularly employed at a regular wage or salary, who in the capacity of a credit man or in any other similar capacity makes a collection, solicitation or investigation of a claim at a place or location other than the business premises of the collection agency, but does not include:
1. Employees of a collection agency whose activities and duties are restricted to the business premises of the collection agency.
2. The individuals, corporations and associations enumerated in subsection 2 of NRS 649.020.

(Added to NRS by 1963, 1141; A 1969, 835)
NRS 649.026 "Commissioner" defined. "Commissioner" means the Commissioner of Financial Institutions.
(Added to NRS by 1983, 1710; A 1987, 1887)-(Substituted in revision for NRS 649.007)
NRS 649.030 "Customer" defined. "Customer" means any person authorizing or employing a collection agency for any of the purposes permitted or authorized by this chapter.
[Part 2:237:1931; 1931 NCL § 1420.01]-(NRS A 1969, 835)

NRS 649.035 "Manager" defined. "Manager" means a person who:

Holds a manager’s certificate;
Is designated as the manager of a collection agency;
Shares equally with the holder of a license to conduct a collection agency the responsibility for the operation of the collection agency; and
Devotes a majority of the hours he works as an employee of the agency to the actual management, operation and administration of that collection agency.

(Added to NRS by 1969, 829; A 1989, 2035)

NRS 649.045 Legislative finding and declaration. The Legislature finds and declares that:

There exists in this state a need for more stringent regulatory control over collection agencies to ensure that they are composed only of responsible and well qualified personnel.
It is the purpose of this chapter to:
1. Bring licensed collection agencies and their personnel under more stringent public supervision;
2. Establish a system of regulation to ensure that persons using the services of a collection agency are properly represented; and
3. Discourage improper and abusive collection methods.

(Added to NRS by 1969, 830; A 1995, 999)

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