489.341 - License for salesperson or responsible managing employee: Requirements; issuance; provisional license; expiration; limitations; transfer. [Effective until the date of the repeal of the feder
489.341 License for salesperson or responsible managing employee: Requirements; issuance; provisional license; expiration; limitations; transfer. [Effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. A person shall not act as a salesperson in this State or as a responsible managing employee for a person who sells, leases, distributes, reconstructs, improves, repairs or installs any manufactured home, mobile home, manufactured building, commercial coach or factory-built housing subject to the provisions of this chapter without first having received a license from the Division. Before issuing such a license, the Division shall require:
(a) An application, signed and verified by the applicant, stating that the applicant desires to act as a salesperson or responsible managing employee and providing the applicant’s residential address and the name and address of his or her employer.
(b) Proof of the employment of the applicant at the time the application is filed. An applicant for a license as a responsible managing employee shall submit proof of 2 years’ experience within the previous 4 years in the business in which the applicant is seeking to be licensed as a responsible managing employee.
(c) Proof of the applicant’s good character and reputation and fitness to act as a salesperson or responsible managing employee.
(d) A complete set of the applicant’s fingerprints and written permission authorizing the Administrator to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report. The Administrator may exchange with the Central Repository and the Federal Bureau of Investigation any information respecting the fingerprints of an applicant.
(e) A statement as to whether any previous application of the applicant has been denied or license revoked.
(f) Payment of a reasonable license fee established by regulation.
(g) The applicant to have passed the examination required by NRS 489.351.
(h) Any other information the Division deems necessary.
2. Within 60 days after receipt of a complete application, the Division shall issue or deny the license.
3. The Administrator may issue a provisional license pending receipt of the report from the Federal Bureau of Investigation. Upon receipt of the report and a determination by the Administrator that the applicant is qualified, the Administrator shall issue to the applicant a license as a salesperson or a responsible managing employee. The license must contain the licensee’s name and the address of his or her employer’s place of business.
4. Each license is valid for 2 years after the date of issuance and may be renewed for like consecutive periods upon application to and approval by the Division.
5. A person licensed pursuant to this section shall not engage in sales activity other than for the account of or for and in behalf of a single employer who is a licensed dealer or distributor.
6. A license issued pursuant to this section may be transferred to another licensed employer upon application and the payment of a transfer fee of $10. When a salesperson or responsible managing employee holding a current license leaves the employment of one dealer, distributor, general serviceperson or specialty serviceperson for that of another, the new employer may employ the salesperson or responsible managing employee pending the transfer of the license if the transfer is completed within 10 days.
7. A license issued pursuant to this section must be posted in a conspicuous place on the premises of the employer for whom the holder of the license is licensed.
8. If a salesperson or responsible managing employee ceases to be employed by a licensed dealer, distributor, general serviceperson or specialty serviceperson, his or her license to act as a salesperson or responsible managing employee is automatically suspended and the person’s right to act in that capacity immediately ceases, and he or she shall not engage in such an activity until reemployed by a licensed dealer, distributor, general serviceperson or specialty serviceperson. Every licensed salesperson and responsible managing employee shall report in writing to the Division every change in his or her place of employment or termination of employment within 5 days after the date of making the change.
(Added to NRS by 1979, 1204; A 1981, 1854; 1983, 786; 1991, 1326; 1997, 2084; 2003, 2857; 2005, 1632, 1633; 2009, 1909, 1911, effective on the date of the repeal of the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)