NRS116A.410. Regulations governing certificates issued to community managers; temporary certificates; fees.

      1.  The Commission shall by regulation provide for the issuance by the Division of certificates. The regulations:

      (a) Must establish the qualifications for the issuance of such a certificate, including, without limitation, the education and experience required to obtain such a certificate. The regulations must include, without limitation, provisions that:

             (1) Provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Holds a professional designation in the field of management of a common-interest community from a nationally recognized organization;

                   (II) Provides evidence that the person has been engaged in the management of a common-interest community for at least 5 years; and

                   (III) Has not been the subject of any disciplinary action in another state in connection with the management of a common-interest community.

             (2) Except as otherwise provided in subparagraph (3), provide for the issuance of a temporary certificate for a 1-year period to a person who:

                   (I) Receives an offer of employment as a community manager from an association or its agent; and

                   (II) Has management experience determined to be sufficient by the executive board of the association or its agent making the offer in sub-subparagraph (I). The executive board or its agent must have sole discretion to make the determination required in this sub-subparagraph.

             (3) Require a temporary certificate described in subparagraph (2) to expire before the end of the 1-year period if the certificate holder ceases to be employed by the association, or its agent, which offered the person employment as described in subparagraph (2).

             (4) Require a person who is issued a temporary certificate as described in subparagraph (1) or (2) to successfully complete not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act within the 1-year period.

             (5) Provide for the issuance of a certificate at the conclusion of the 1-year period if the person:

                   (I) Has successfully completed not less than 18 hours of instruction relating to the Uniform Common-Interest Ownership Act; and

                   (II) Has not been the subject of any disciplinary action pursuant to this chapter or chapter 116 of NRS or any regulations adopted pursuant thereto.

             (6) Provide that a temporary certificate described in subparagraph (1) or (2) and a certificate described in subparagraph (5):

                   (I) Must authorize the person who is issued a temporary certificate described in subparagraph (1) or (2) or certificate described in subparagraph (5) to act in all respects as a community manager and exercise all powers available to any other community manager without regard to experience; and

                   (II) Must not be treated as a limited, restricted or provisional form of a certificate.

      (b) May require applicants to pass an examination in order to obtain a certificate other than a temporary certificate described in paragraph (a). If the regulations require such an examination, the Commission shall by regulation establish fees to pay the costs of the examination, including any costs which are necessary for the administration of the examination.

      (c) Must establish a procedure for a person who was previously issued a certificate and who no longer holds a certificate to reapply for and obtain a new certificate without undergoing any period of supervision under another community manager, regardless of the length of time that has passed since the person last acted as a community manager.

      (d) May require an investigation of an applicant’s background. If the regulations require such an investigation, the Commission shall by regulation establish fees to pay the costs of the investigation.

      (e) Must establish the grounds for initiating disciplinary action against a person to whom a certificate has been issued, including, without limitation, the grounds for placing conditions, limitations or restrictions on a certificate and for the suspension or revocation of a certificate.

      (f) Must establish rules of practice and procedure for conducting disciplinary hearings.

      2.  The Division may collect a fee for the issuance of a certificate in an amount not to exceed the administrative costs of issuing the certificate.

      3.  As used in this section, “management experience” means experience in a position in business or government, including, without limitation, in the military:

      (a) In which the person holding the position was required, as part of holding the position, to engage in one or more management activities, including, without limitation, supervision of personnel, development of budgets or financial plans, protection of assets, logistics, management of human resources, development or training of personnel, public relations, or protection or maintenance of facilities; and

      (b) Without regard to whether the person holding the position has any experience managing or otherwise working for an association.

      (Added to NRS by 2005, 2577; A 2009, 1254, 2902; 2011, 2459)