A.B. 264
- *AB264*
ASSEMBLY BILL NO. 264–ASSEMBLYMEMBER MILLER
FEBRUARY 20, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to the issuance of
professional and occupational licenses.
(BDR 19-926)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to professional licensing; establishing procedures
by which an applicant for a professional or occupational
license may obtain judicial review of the decision of a
licensing agency denying the application of the applicant
on the basis of the moral character or criminal history of
the applicant; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes or requires various entities that issue professional or 1
occupational licenses to deny an application for the issuance of such a license based 2
on the moral character or criminal history of the applicant. For example, existing 3
law authorizes the Nevada State Board of Accountancy to refuse to grant a 4
certificate of certified public accountant to an applicant if he or she has been 5
convicted of a felony in this State. (NRS 628.190) Similarly, existing law requires 6
an applicant for a license as an athletic trainer to be of good moral character. (NRS 7
640B.310) Additionally, under existing law, the Cannabis Compliance Board is 8
prohibited, with certain exceptions, from issuing a cannabis establishment agent 9
registration card to a person who has been convicted of certain felony offenses. 10
(NRS 678B.340) This bill sets forth procedures by which an applicant for the 11
issuance of any license, certification, registration, permit or other authorization that 12
grants a person the authority to engage in a profession or occupation in this State 13
that is issued by any officer, agency, board or commission of this State or any 14
political subdivision of this State may obtain judicial review of a decision denying 15
the application of the applicant on the basis of the moral character or criminal 16
history of the applicant. 17
This bill requires a licensing agency that denies an application for the issuance 18
of a license on the basis of the moral character or criminal history of the applicant 19
to provide written notice to the applicant within 10 days after the denial. This bill 20
– 2 –
- *AB264*
authorizes the applicant to file a petition in the district court seeking review of the 21
decision within 30 days after receipt of the notice. Under this bill, the licensing 22
agency is required to prove by clear and convincing evidence at the hearing on the 23
petition that the issuance of the license to the applicant would pose a direct, 24
substantial and unmitigatable risk to public health or safety based on the duties and 25
responsibilities of the profession or occupation in which the applicant wishes to 26
engage. If the court determines that the licensing agency has met that burden of 27
proof, this bill requires the court to issue an order affirming the decision of the 28
licensing agency. If the court determines that the licensing agency has not met that 29
burden of proof, this bill requires the court to order the licensing agency to issue the 30
applicant the license. Under this bill, the licensing agency is required to comply 31
with the order, notwithstanding any other provision of existing law. 32
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 237 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. If a licensing agency denies an application for the issuance 3
of a license on the basis of the moral character or criminal history 4
of the applicant, the licensing agency shall provide to the 5
applicant written notice within 10 days after the denial. The notice 6
must set forth the basis for the decision of the licensing agency 7
and contain an explanation of the provisions of this section. 8
2. An applicant who receives a notice provided pursuant to 9
subsection 1 may, within 30 days after receipt of the notice, file a 10
petition in the district court seeking review of the decision of the 11
licensing agency. 12
3. Upon the filing of a petition pursuant to subsection 2, the 13
court shall set a time for a hearing on the petition and provide 14
notice of the hearing to the applicant and licensing agency. At the 15
hearing, the licensing agency has the burden of proof of 16
establishing by clear and convincing evidence that the issuance to 17
the applicant of the license for which the applicant applied would 18
pose a direct, substantial and unmitigatable risk to public health 19
or safety based on the duties and responsibilities of the profession 20
or occupation in which the applicant wishes to engage. 21
4. If the court determines that the licensing agency has met 22
the burden of proof required by subsection 3, the court shall issue 23
an order affirming the decision of the licensing agency. The order 24
must contain specific findings of fact and conclusions of law 25
supporting the decision of the court and specific recommendations 26
to improve the possibility of being granted the license the next time 27
the applicant applies for the license. 28
5. If the court determines that the licensing agency has failed 29
to meet the burden of proof required by subsection 3, the court 30
– 3 –
- *AB264*
shall issue an order requiring the licensing agency to issue the 1
license to the applicant. Notwithstanding any other provision of 2
law, the licensing agency shall comply with the order and issue the 3
license to the applicant. 4
6. As used in this section: 5
(a) “License” means a license, certification, registration, 6
permit or other authorization that grants a person the authority to 7
engage in a profession or occupation in this State. 8
(b) “Licensing agency” means any officer, agency, board or 9
commission of this State or any political subdivision of this State 10
that issues a license. 11
H