1. The Commissioner may suspend, revoke or deny renewal of a provider’s registration if:
(a) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;
(b) The provider has committed a material violation of this chapter or a rule or order of the Commissioner under this chapter;
(c) The provider is insolvent;
(d) The provider or an employee or affiliate of the provider has refused to permit the Commissioner to make an examination authorized by this chapter, failed to comply with paragraph (b) of subsection 2 of NRS 676A.730 within 15 days after request, or made a material misrepresentation or omission in complying with paragraph (b) of subsection 2 of NRS 676A.730; or
(e) The provider has not responded within a reasonable time and in an appropriate manner to communications from the Commissioner.
2. If a provider does not comply with subsection 6 of NRS 676A.570 or if the Commissioner otherwise finds that the public health or safety or general welfare requires emergency action, the Commissioner may order a summary suspension of the provider’s registration, effective on the date specified in the order.
3. If the Commissioner suspends, revokes or denies renewal of the registration of a provider, the Commissioner may seek a court order authorizing seizure of any or all of the money in a trust account required by NRS 676A.570, books, records, accounts and other property of the provider which are located in this State.
4. If the Commissioner suspends or revokes a provider’s registration, the provider may appeal and request a hearing pursuant to NRS 233B.121 to 233B.150, inclusive.
5. As used in this section, "insolvent" means:
(a) Having generally ceased to pay debts in the ordinary course of business other than as a result of good faith dispute;
(b) Being unable to pay debts as they become due; or
(c) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. §§ 101 et seq.
(Added to NRS by 2009, 1995)
Structure Nevada Revised Statutes
Chapter 676A - Uniform Debt-Management Services Act
NRS 676A.030 - "Affiliate" defined.
NRS 676A.040 - "Agreement" defined.
NRS 676A.050 - "Bank" defined.
NRS 676A.060 - "Business address" defined.
NRS 676A.070 - "Certified counselor" defined.
NRS 676A.080 - "Certified debt specialist" defined.
NRS 676A.090 - "Commissioner" defined.
NRS 676A.100 - "Concessions" defined.
NRS 676A.110 - "Credit counseling" defined.
NRS 676A.130 - "Debt-management plan" defined.
NRS 676A.140 - "Debt-management services" defined.
NRS 676A.150 - "Debt settlement services" defined.
NRS 676A.160 - "Entity" defined.
NRS 676A.170 - "Good faith" defined.
NRS 676A.180 - "Person" defined.
NRS 676A.190 - "Plan" defined.
NRS 676A.200 - "Principal amount of the debt" defined.
NRS 676A.210 - "Provider" defined.
NRS 676A.220 - "Record" defined.
NRS 676A.230 - "Settlement fee" defined.
NRS 676A.240 - "Sign" defined.
NRS 676A.250 - "State" defined.
NRS 676A.260 - "Trust account" defined.
NRS 676A.280 - Uniformity of application and construction.
NRS 676A.290 - Relation to Electronic Signatures in Global and National Commerce Act.
NRS 676A.300 - Registration required.
NRS 676A.310 - Application for registration: Form; contents; fee; bond; evidence of insurance.
NRS 676A.330 - Duty to report changes in information.
NRS 676A.390 - Surety bond required.
NRS 676A.400 - Substitute for surety bond.
NRS 676A.500 - Provider to act in good faith; fiduciary duty.
NRS 676A.510 - Provider to maintain toll-free communication system.
NRS 676A.520 - Duties of provider before providing debt-management services.
NRS 676A.550 - Cancellation of agreement.
NRS 676A.580 - Fees or charges: Restrictions.
NRS 676A.590 - Voluntary contributions: Restrictions.
NRS 676A.600 - Required disclosures by provider.
NRS 676A.610 - Agreement voidable by individual in certain circumstances.
NRS 676A.620 - Provider may terminate agreement for nonpayment.
NRS 676A.630 - Provider to provide accounting periodically and upon request; retention of records.
NRS 676A.700 - Prohibited acts.
NRS 676A.710 - Provider to notify Commissioner of civil actions.
NRS 676A.720 - Provider liable for conduct of person to whom it delegates duties.
NRS 676A.740 - Commissioner to enforce chapter; penalties.
NRS 676A.750 - Suspension, revocation or denial of renewal of registration by Commissioner.
NRS 676A.760 - Civil remedies.
NRS 676A.770 - Violation constitutes deceptive trade practice.