Nev. Admin. Code § 645.095

Current through June 11, 2024

Section 645.095 - Denial of application, license or permit; proof of moral character; appeal

1. The Division may deny any application for registration as an owner-developer, a license or a permit issued by the Division pursuant to this chapter or chapter 645 of NRS for any reason which is sufficient to deny a license pursuant to NRS 645.330 or when one or more of the following conditions exist:

(a) The application is not in proper form;

(b) The application is not accompanied by the required fees;

(c) The accompanying forms are incomplete or otherwise unsatisfactory;

(d) The application contains a false statement;

(e) Other deficiencies appear in the application;

(f) An investigation fails to show affirmatively that the applicant possesses the necessary qualifications, including, without limitation, good moral character and financial responsibility;

(g) The applicant has willfully acted or attempted to act in violation of chapter 113, 116, 119, 119A, 645, 645A, 645C or 645D of NRS or the regulations adopted pursuant thereto, or has willfully aided and abetted another to act or attempt to act in violation of those chapters or regulations;

(h) The check used in paying the required fees for the registration, license or permit is not honored by the financial institution upon which it is drawn; or

(i) If the application is for registration as an owner-developer, the applicant fails to verify that he or she is a licensed contractor in this State.

2. The Administrator may require proof of the applicant's moral character. In determining that character, the Administrator shall consider:

(a) The results of the Division's investigation of matters stated in the application and other matters that have come to the attention of the Division as a result of the investigation of the Division;

(b) Any history of arrest and conviction of the applicant;

(c) The nature and history of the business of the applicant; and

(d) Any past failure of the applicant to comply with any applicable requirements of chapter 113, 116, 119, 119A, 645, 645A, 645C or 645D of NRS.

3. An applicant whose application is denied by the Division may appeal the denial to the Commission in the manner set forth in NRS 645.440. If the Commission reverses the original decision and determines that the petitioner qualifies for registration, a license or a permit, the application may be accepted as of the date the application was originally submitted or the date on which the fee for the registration, license or permit was paid, whichever is later. The Division shall not charge an additional fee.

4. If the Division denies an application pursuant to this section, the Division will not refund any fees paid pursuant to that application.

Nev. Admin. Code § 645.095

Added to NAC by Real Estate Comm'n by R111-01, eff. 12-17-2001

NRS 645.190, 645.285, 645.330, 645.400, 645.6052