490.310 - Grounds for denial, suspension or revocation of license; disclosure of financial records; regulations. [Effective 1 year after the date the Interim Finance Committee issues a notice to the D
490.310 Grounds for denial, suspension or revocation of license; disclosure of financial records; regulations. [Effective 1 year after the date the Interim Finance Committee issues a notice to the Department of Motor Vehicles that adequate money is available to begin registering off-highway vehicles or on July 1, 2011, whichever is sooner, and expires by limitation on July 1, 2011, if such notice is not given before that date.]
1. The Department may deny the issuance of, suspend or revoke a license to engage in the activities of an off-highway vehicle dealer, long-term or short-term lessor or manufacturer in new or used off-highway vehicles in this State upon any of the following grounds:
(a) Failure of the applicant to have an established place of business in this State.
(b) Conviction of a felony in the State of Nevada or any other state, territory or nation.
(c) Material misstatement in the application.
(d) Evidence of unfitness of the applicant or licensee.
(e) Willful failure to comply with any of the provisions of the laws of the State of Nevada or the directives of the Director. For the purpose of this paragraph, failure to comply with the directives of the Director advising the licensee of noncompliance with any provision of the laws of this State or regulations of the Department, within 10 days after receipt of the directive, is prima facie evidence of willful failure to comply with the directive.
(f) Failure or refusal to furnish and keep in force any bond.
(g) Failure on the part of the licensee to maintain a fixed place of business in this State.
(h) Failure or refusal by a licensee to pay or otherwise discharge any final judgment rendered and entered against the licensee, arising out of the misrepresentation of any off-highway vehicle or out of any fraud committed in connection with the sale of any off-highway vehicle.
(i) Failure of the licensee to maintain any other license or bond required by any political subdivision of this State.
(j) Allowing an unlicensed off-highway vehicle salesperson to sell or lease any off-highway vehicle or to act in the capacity of an off-highway vehicle salesperson as defined in this chapter.
(k) Failure or refusal to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 3.
(l) Engaging in a deceptive trade practice relating to the purchase and sale or lease of an off-highway vehicle.
2. The Director may deny the issuance of a license to an applicant or revoke a license already issued if the Department is satisfied that the applicant or licensee is not entitled thereto.
3. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy financial obligations related to the activities of an off-highway vehicle dealer, long-term or short-term lessor or manufacturer, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to the authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to the authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 490.200 to 490.430, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
4. The Department may adopt regulations establishing additional criteria that may be used to deny, suspend, revoke or refuse to renew a license issued pursuant to this chapter.
(Added to NRS by 2009, 3098, effective 1 year after the date the Interim Finance Committee issues a notice to the Department of Motor Vehicles that adequate money is available to begin registering off-highway vehicles or on July 1, 2011, whichever is sooner, and expires by limitation on July 1, 2011, if such notice is not given before that date)