Nevada Code § 534.1405

Well drillers: Petition for review of criminal history to obtain license; requirements; fee; report
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1. The State Engineer shall develop and
implement a process by which a person with a criminal history may petition the
State Engineer to review the criminal history of the person to determine if the
persons criminal history will disqualify the person from obtaining a license
to drill pursuant to NRS 534.140 .
2. Not later than 90 days after a petition
is submitted to the State Engineer pursuant to subsection 1, the State Engineer
shall inform the person of the determination of the State Engineer of whether
the persons criminal history will disqualify the person from obtaining a
license. The State Engineer is not bound by his or her determination of
disqualification or qualification and may rescind such a determination at any
time.
3. The State Engineer may provide
instructions to a person who receives a determination of disqualification to
remedy the determination of disqualification. A person may resubmit a petition
pursuant to subsection 1 not earlier than 6 months after receiving instructions
pursuant to this subsection if the person remedies the determination of
disqualification.
4. A person with a criminal history may
petition the State Engineer at any time, including, without limitation, before
obtaining any education or paying any fee required to obtain a license from the
State Engineer.
5. A person may submit a new petition to
the State Engineer not earlier than 2 years after the final determination of
the initial petition submitted to the State Engineer.
6. The State Engineer may impose a fee of
up to $50 upon the person to fund the administrative costs in complying with
the provisions of this section. The State Engineer may waive such fees or allow
such fees to be covered by funds from a scholarship or grant.
7. The State Engineer may post on its
Internet website:
(a) The requirements to obtain a license from the
State Engineer; and
(b) A list of crimes, if any, that would
disqualify a person from obtaining a license from the State Engineer.
8. The State Engineer may request the
criminal history record of a person who petitions the State Engineer for a
determination pursuant to subsection 1. To the extent consistent with federal
law, if the State Engineer makes such a request of a person, the State Engineer
shall require the person to submit his or her criminal history record which
includes a report from:
(a) The Central Repository for Nevada Records of
Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the State
Engineer for a determination pursuant to subsection 1 shall not submit false or
misleading information to the State Engineer.
10. The State Engineer shall, on or before
the 20th day of January, April, July and October, submit to the Director of the
Legislative Counsel Bureau in an electronic format prescribed by the Director,
a report that includes:
(a) The number of petitions submitted to the
State Engineer pursuant to subsection 1;
(b) The number of determinations of disqualification
made by the State Engineer pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by
the Director or which the State Engineer determines would be helpful.
11. The Director shall transmit a
compilation of the information received pursuant to subsection 10 to the
Legislative Commission quarterly, unless otherwise directed by the Commission.

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