NRS353C.1965. State Controller required to establish and maintain list of persons who owe debt assigned for collection; licensing agency required to provide certain information to State Controller; notification; immunity from liability for licensing agency; regulations. [Effective January 1, 2014.]

      1.  The State Controller shall establish and maintain a list of persons who owe a debt to an agency that has been assigned to the State Controller for collection pursuant to NRS 353C.195.

      2.  A licensing agency shall provide to the State Controller:

      (a) The name, address and social security number or employer identification number, as applicable, of each licensee; and

      (b) The state business license number of the licensee, if the licensee has a state business license.

      3.  A licensing agency shall provide the information described in subsection 2:

      (a) On or before February 1 of each year for licensees who renewed licenses from July 1 through December 31 of the previous calendar year; or

      (b) On or before August 1 of each year for licensees who renewed licenses from January 1 through June 30 of the current calendar year.

      4.  If the State Controller determines that the name of any licensee appears on the list established by the State Controller pursuant to subsection 1, the State Controller shall send a written notice to the licensee, which includes, without limitation:

      (a) The amount of the debt;

      (b) A request for payment of the debt;

      (c) Notification that the licensee may enter into an agreement with the State Controller pursuant to NRS 353C.130 for the payment of the debt;

      (d) Notification that the licensee must respond to the notice within 30 days after the date on which the notice was sent;

      (e) Notification that the licensee may request a hearing to determine the validity of the debt not later than 30 days after the date on which the notice was sent; and

      (f) Notification that the licensing agency is prohibited from renewing the license of the licensee unless the licensee pays the debt, enters into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrates to the State Controller that the debt is not valid.

      5.  The State Controller shall notify the licensing agency if the licensee does not pay the debt that has been assigned to the State Controller for collection, enter into an agreement for the payment of the debt pursuant to NRS 353C.130 or demonstrate that the debt is not valid. A licensing agency shall not renew the license of the licensee who is the subject of the notification until the State Controller notifies the licensing agency that the licensee has:

      (a) Satisfied the debt;

      (b) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

      (c) Demonstrated that the debt is not valid.

      6.  Information shared between the State Controller and a licensing agency to carry out the provisions of this section is not a public record.

      7.  A licensing agency may not be held liable in any civil action for any action taken by the licensing agency in good faith to comply with the provisions of this section.

      8.  The State Controller shall verify with the Secretary of State the information related to the state business license of each licensee.

      9.  The State Controller shall adopt such regulations as the State Controller determines necessary or advisable to carry out the provisions of this section.

      10.  As used in this section:

      (a) “License” means any license, certification, registration, permit or other authorization that grants a person the authority to engage in a profession or occupation in this State.

      (b) “Licensee” means a person to whom a license has been issued.

      (c) “Licensing agency” means any agency, board or commission that regulates an occupation or profession except for the Department of Motor Vehicles, the Division of Insurance of the Department of Business and Industry, the Commissioner of Insurance or any local government.

      (Added to NRS by 2013, 2718, effective January 1, 2014)