1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate pursuant to this chapter.
2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.
5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a certificate from the Division; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.
8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.
10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Division determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
(Added to NRS by 2019, 2912)
Structure Nevada Revised Statutes
Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities
NRS 435.005 - Applicability of chapter.
NRS 435.010 - County commissioners to make provision for support, education and care of children.
NRS 435.060 - Operation of facilities by Division.
NRS 435.070 - Administration of facilities; regulations.
NRS 435.085 - Transfer of person from division facility to hospital; payment of expenses.
NRS 435.115 - Schedule of fees for services.
NRS 435.120 - Disposition of money collected by Division.
NRS 435.121 - Types of admission; forms for admission.
NRS 435.122 - Voluntary admission.
NRS 435.124 - Involuntary admission: Hearing on petition; notice.
NRS 435.125 - Involuntary admission: Examination or evaluation of person.
NRS 435.127 - Involuntary admission: Evidence; rights of person.
NRS 435.129 - Discharge of consumer; notice to consumer, consumer’s representative and court.
NRS 435.130 - Declaration of legislative intent.
NRS 435.172 - "Certificate" defined.
NRS 435.176 - "Jobs and day training services" defined.
NRS 435.179 - "Nonprofit organization" defined.
NRS 435.227 - Conditions of certification.
NRS 435.235 - Division authorized to conduct investigations; employment of personnel.
NRS 435.241 - Division authorized to bring action to enjoin provision of services.
NRS 435.270 - Gifts and grants of money: Use; deposit.
NRS 435.331 - "Certificate" defined.
NRS 435.3315 - "Supported living arrangement services" defined.
NRS 435.333 - Regulations; agreements with public and private agencies for provision of services.
NRS 435.334 - Fees for certificate.
NRS 435.335 - Division authorized to conduct investigations; employment of personnel.
NRS 435.336 - Division authorized to bring action to enjoin provision of services.
NRS 435.350 - Rights of person admitted to division facility.
NRS 435.360 - Responsibility for costs of care and treatment of person 18 years of age or older.
NRS 435.370 - Programs for residential placement and foster care by families.
NRS 435.380 - Intellectual and Developmental Disability Gift Account.
NRS 435.390 - Canteen for division facility: Establishment and operation.
NRS 435.410 - Administration of facilities of Division.
NRS 435.411 - Administrative officer: Qualifications.
NRS 435.412 - Administrative officer: Powers and duties.
NRS 435.413 - Administrative officer: Other employment prohibited; exceptions.
NRS 435.415 - Licensing or certification of certain employees of Division.
NRS 435.420 - Proficiency in English language required of certain employees.
NRS 435.425 - Program for certification of intellectual and developmental disability technicians.
NRS 435.435 - Adoption of regulations concerning abuse and neglect of consumers.
NRS 435.440 - Adoption of regulations concerning consumers.
NRS 435.442 - Training and education concerning sexual abuse.
NRS 435.445 - Inspection of facility.
NRS 435.455 - Contracts with hospital or other institution for care of persons.
NRS 435.465 - Contracts for cooperation with governmental agencies and others.
NRS 435.470 - Involuntary court-ordered admission to private institution not precluded.
NRS 435.480 - Legislative appropriations; payment of claims.
NRS 435.485 - Acceptance by Department of money from other sources.
NRS 435.500 - Fees of physicians and other professionally qualified employees of facility.
NRS 435.505 - Intellectual and developmental disability center revolving accounts.
NRS 435.510 - Determination of residence.
NRS 435.520 - Expenses of returning consumer to legal residence.
NRS 435.525 - Compliance with reciprocal agreements; acceptance for admission to division facility.
NRS 435.535 - "Administrative officer" defined.
NRS 435.540 - "Facility" defined.
NRS 435.545 - "Rights" defined.
NRS 435.550 - Right to habeas corpus unimpaired.
NRS 435.555 - Rights concerning admission and discharge of consumers.
NRS 435.560 - Rights concerning involuntary commitment.
NRS 435.565 - Personal rights.
NRS 435.570 - Rights concerning care, treatment and training.
NRS 435.575 - Individualized plan of services for consumer.
NRS 435.585 - Right to information; inspection and copying of records.
NRS 435.595 - Labor by consumer: Conditions; compensation.
NRS 435.600 - Rights concerning suspension or violation of rights.
NRS 435.605 - Document reflecting receipt of list of rights and explanation of rights.
NRS 435.615 - Retaliation by officer, director or employee of facility prohibited.
NRS 435.620 - Personal deposit funds for consumers.
NRS 435.625 - Disposition of personal property of consumer upon death.
NRS 435.630 - Disposition of unclaimed personal property of consumer worth more than $100.
NRS 435.635 - Disposition of unclaimed personal property of minimal value.
NRS 435.640 - Notification of death of consumer; burial.
NRS 435.650 - Unlawful sale or transfer of intoxicating beverage on grounds of division facility.
NRS 435.660 - Special agreement for support of consumer adjudicated incapacitated; advance payments.
NRS 435.665 - Collection of fees by legal action and other methods.
NRS 435.710 - Transfer of nonresident to state of residence.