624.165 - Investigation of constructional fraud.

624.165  Investigation of constructional fraud.

      1.  The Board shall:

      (a) Designate one or more of its employees for the investigation of constructional fraud;

      (b) Cooperate with other local, state or federal investigative and law enforcement agencies, and the Attorney General;

      (c) Assist the Attorney General or any official of an investigative or a law enforcement agency of this State, any other state or the Federal Government who requests assistance in investigating any act of constructional fraud; and

      (d) Furnish to those officials any information concerning its investigation or report on any act of constructional fraud.

      2.  The Board may obtain records of a law enforcement agency or any other agency that maintains records of criminal history, including, without limitation, records of:

      (a) Arrests;

      (b) Guilty and guilty but mentally ill pleas;

      (c) Sentencing;

      (d) Probation;

      (e) Parole;

      (f) Bail;

      (g) Complaints; and

      (h) Final dispositions,

Ê for the investigation of constructional fraud.

      3.  For the purposes of this section, constructional fraud occurs if a person engaged in construction knowingly:

      (a) Misapplies money under the circumstances described in NRS 205.310;

      (b) Obtains money, property or labor by false pretense as described in NRS 205.380;

      (c) Receives payments and fails to state his or her own true name, or states a false name, contractor’s license number, address or telephone number of the person offering a service;

      (d) Diverts money or commits any act of theft, forgery, fraud or embezzlement, in connection with a construction project, that violates a criminal statute of this State;

      (e) Acts as a contractor without:

             (1) Possessing a contractor’s license issued pursuant to this chapter; or

             (2) Possessing any other license required by this State or a political subdivision of this State;

      (f) In any report relating to a contract for a public work, submits false information concerning a payroll to a public officer or agency; or

      (g) Otherwise fails to disclose a material fact.

      (Added to NRS by 1997, 2686; A 1999, 2954; 2003, 1900, 2140; 2007, 1469)