649.196 - Applicant for certificate: Qualifications; requirements; notice of refusal to issue certificate; request for hearing; withdrawal of application.
649.196 Applicant for certificate: Qualifications; requirements; notice of refusal to issue certificate; request for hearing; withdrawal of application.
1. Each applicant for a manager’s certificate must submit proof satisfactory to the Commissioner that the applicant:
(a) Is a citizen of the United States or lawfully entitled to remain and work in the United States.
(b) Is at least 21 years of age.
(c) Has a good reputation for honesty, trustworthiness and integrity and is competent to transact the business of a collection agency in a manner which protects the interests of the general public.
(d) Has not committed any of the acts specified in NRS 649.215.
(e) Has not had a collection agency license or manager’s certificate suspended or revoked within the 10 years immediately preceding the date of filing the application.
(f) Has not been convicted of, or entered a plea of nolo contendere to, a felony or any crime involving fraud, misrepresentation or moral turpitude.
(g) Has had not less than 2 years’ full-time experience with a collection agency in the collection of accounts assigned by creditors who were not affiliated with the collection agency except as assignors of accounts. At least 1 year of the 2 years of experience must have been within the 18-month period preceding the date of filing the application.
2. Each applicant must:
(a) Pass the examination or reexamination provided for in NRS 649.205.
(b) Pay the required fees.
(c) Submit, in such form as the Commissioner prescribes:
(1) Three recent photographs; and
(2) Three complete sets of fingerprints which the Commissioner may forward to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.
(d) Submit such other information reasonably related to his or her qualifications for the manager’s certificate as the Commissioner determines to be necessary.
3. The Commissioner may refuse to issue a manager’s certificate if the applicant does not meet the requirements of subsections 1 and 2.
4. If the Commissioner refuses to issue a manager’s certificate pursuant to this section, the Commissioner shall notify the applicant in writing by certified mail stating the reasons for the refusal. The applicant may submit a written request for a hearing within 20 days after receiving the notice. If the applicant fails to submit a written request within the prescribed period, the Commissioner shall enter a final order.
5. The Commissioner shall consider an application to be withdrawn if the Commissioner has not received all information and fees required to complete the application within 6 months after the date the application is first submitted to the Commissioner or within such later period as the Commissioner determines in accordance with any existing policies of joint regulatory partners. If an application is deemed to be withdrawn pursuant to this subsection or if an applicant otherwise withdraws an application, the Commissioner may not issue a license to the applicant unless the applicant submits a new application and pays any required fees.
(Added to NRS by 1969, 831; A 1977, 1568; 1983, 680, 1715; 1987, 1891; 1995, 1000; 2003, 2865; 2005, 1870)