CHAPTER 649 - Part 3 - MANAGERS

NRS 649.175 Manager’s certificate required. No person may be the manager of a collection agency unless he holds a valid manager’s certificate issued pursuant to the provisions of this chapter.
(Added to NRS by 1969, 831; A 1983, 1714)

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.] Each person who is, or desires to become, the manager of a collection agency shall submit an application for a manager’s certificate to the Commissioner in accordance with the provisions of this chapter. The application must include the social security number of the applicant.
(Added to NRS by 1969, 831; A 1983, 1714; 1987, 1891; 1997, 2179)

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.] Each person who is, or desires to become, the manager of a collection agency shall make application for a manager’s certificate to the Commissioner in accordance with the provisions of this chapter.
(Added to NRS by 1969, 831; A 1983, 1714; 1987, 1891; 1997, 2179, 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.
  1. Each applicant for a manager’s certificate must submit proof satisfactory to the Commissioner that he:
    1. Is a citizen of the United States or lawfully entitled to remain and work in the United States.
    2. Is at least 21 years of age.
    3. Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
    4. Has not committed any of the acts specified in NRS 649.215.
    5. Has not had a collection agency license or manager’s certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.
    6. Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
    7. Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
  2. Each applicant must:
    1. Pass the examination provided for in NRS 649.205.
    2. Pay the required fees.
    3. Submit, in such form as the Commissioner prescribes:
      1. Three recent photographs; and
      2. Three complete sets of his fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
      3. Submit such other information reasonably related to his qualifications for the manager’s certificate as the Commissioner determines to be necessary.
  3. The Commissioner may refuse to issue a manager’s certificate if the applicant does not meet the requirements of subsections 1 and 2.
  4. If the Commissioner refuses to issue a manager’s certificate pursuant to this section, he shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after he receives the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.
(Added to NRS by 1969, 831; A 1977, 1568; 1983, 680, 1715; 1987, 1891; 1995, 1000; 2003, 2865)

NRS 649.205 Examination.
  1. The Commissioner shall provide for managers’ examinations at such times and places as he may direct, at least twice each year.
  2. The examinations must be of a length, scope and character which the Commissioner deems reasonably necessary to determine the fitness of the applicants to act as managers of collection agencies.
  3. The Commissioner may make such rules and regulations as may be necessary to carry out the purposes of this section.
(Added to NRS by 1969, 831; A 1983, 1715; 1987, 1891)

NRS 649.215 Grounds for refusing examination or suspending or revoking certificate. The Commissioner may refuse to permit an applicant for a manager’s certificate to take the examination, or, after a hearing, may suspend or revoke a manager’s certificate if the applicant or manager has:
  1. Committed or participated in any act which, if committed or done by a licensee, would be grounds for the suspension or revocation of a license.
  2. Been refused a license or certificate pursuant to this chapter or had such a license or certificate suspended or revoked.
  3. Participated in any act, which act was a basis for the refusal or revocation of a collection agency license.
  4. Falsified any of the information submitted to the Commissioner in support of an application pursuant to this chapter.
  5. Impersonated, or permitted or aided and abetted another to impersonate, a law enforcement officer or employee of the United States, a state or any political subdivision thereof.
  6. Made any statement in connection with his employment with a collection agency with the intent to give an impression that he was a law enforcement officer of the United States, a state or political subdivision thereof.
(Added to NRS by 1969, 832; A 1983, 1715; 1985, 314; 1987, 1892; 1995, 1001)

NRS 649.225 Issuance of certificate; notice of manager’s change of residence address.
  1. The Commissioner shall issue a manager’s certificate to any applicant who meets the requirements of this chapter for the certificate.
  2. Each manager holding a manager’s certificate issued pursuant to this chapter shall notify the Commissioner in writing of any change in his residence address within 10 days after the change.
(Added to NRS by 1969, 832; A 1983, 1716; 1987, 1892)

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.]
  1. A natural person who applies for the issuance or renewal of a license as a collection agent or agency or a manager’s certificate shall submit to the Commissioner the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
  2. The Commissioner shall include the statement required pursuant to subsection 1 in:
    1. The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or
    2. A separate form prescribed by the Commissioner.
    3. A license as a collection agent or agency or a manager’s certificate may not be issued or renewed by the Commissioner if the applicant is a natural person who:
      1. Fails to submit the statement required pursuant to subsection 1;
      2. Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
    4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2177)

NRS 649.235 Expiration; licenses and certificates not transferable. Each collection agency license and manager’s certificate issued pursuant to this chapter shall expire on June 30 of the year following its issuance and thereafter shall expire on June 30 of each year. A license or certificate shall not be transferable.
[Part 8:237:1931; 1931 NCL § 1420.07]-(NRS A 1969, 838)-(Substituted in revision for NRS 649.130)

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.]
  1. A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the Office of the Commissioner, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee and, if the licensee is a natural person, the statement required pursuant to NRS 649.233.
  2. The Commissioner shall issue a renewal license or certificate to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must include the date and number of the earliest license or certificate issued.
  3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.
  4. The Commissioner shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.
[9:237:1931; 1931 NCL § 1420.08]-(NRS A 1959, 827; 1963, 1143; 1969, 838; 1983, 1716; 1985, 376; 1987, 1892; 1997, 2179)

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.]
  1. A collection agency or manager desiring a renewal of a license or certificate which will expire shall file in the Office of the Commissioner, on or before June 1 in each year following the year of original issuance, a renewal application, stating in addition to the matters required in the original application the date and number of the license or certificate which will expire. The renewal application must be accompanied by the renewal fee.
  2. The Commissioner shall issue a renewal license or certificate to the applicant, which must be dated July 1 next ensuing the date of the application, in form and text like the original except that, in addition, the renewal must show the date and number of the earliest license or certificate issued.
  3. All requirements of this chapter with respect to original certificates, licenses and bonds apply with like force to all renewal certificates, licenses and bonds except as otherwise specified in this section.
  4. The Commissioner shall refuse to renew a certificate or license if at the time of application a proceeding to revoke or suspend the certificate or license is pending.
[9:237:1931; 1931 NCL § 1420.08]—(NRS A 1959, 827; 1963, 1143; 1969, 838; 1983, 1716; 1985, 376; 1987, 1892; 1997, 2179, 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)
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