Any Nevada contractor who is convicted of a crime may be subject to disciplinary action.
Nevada law states that licensed contractors “must possess good character.” The Nevada State Contractors Board can establish lack of character when a license holder (or applicant) has been convicted of a crime that demonstrates his/her lack of fitness to act as a contractor. These include any felony offense or crime involving moral turpitude committed in Nevada or another state.
Depending on the severity of the criminal conviction, the Board may impose disciplinary action such as:
- revoking the license
- suspending the license
- refusing renewals of the license
- issuing a public reprimand
- increasing the amount of surety bond or cash deposit on the license
- imposing limits on the field, scope and monetary limit of the license
- imposing a fine payment
- imposing a restitution payment
- ordering the licensee to take corrective action
Note that contractors are entitled to an administrative hearing if the Board is considering suspending or revoking the person’s license. Also note that in order for the Board to take disciplinary action, the contractor’s conviction must have been affirmed on appeal or the time for appeal must have elapsed.
Therefore, any licensed contractor facing criminal charges is encouraged to seek legal counsel from a Nevada criminal defense attorney right away. It may be possible to save the contractor’s license and minimize the fallout if the attorney can get the criminal charge dismissed or plea bargained down to a minor misdemeanor.
Legal References:
NRS 624.265 Good character of applicant or licensed contractor and certain associates; grounds for establishment of lack of good character; background investigation; confidentiality of results of background investigation; fee for processing fingerprints; Board may obtain criminal history.
1. An applicant for a contractor’s license or a licensed contractor, each officer, director, partner and associate thereof, and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must possess good character. Lack of character may be established by showing that the applicant or licensed contractor, any officer, director, partner or associate thereof, or any person who qualifies on behalf of the applicant has:
(a) Committed any act which would be grounds for the denial, suspension or revocation of a contractor’s license;
(b) A bad reputation for honesty and integrity;
(c) Entered a plea of guilty, guilty but mentally ill or nolo contendere to, been found guilty or guilty but mentally ill of, or been convicted, in this State or any other jurisdiction, of a crime arising out of, in connection with or related to the activities of such person in such a manner as to demonstrate his or her unfitness to act as a contractor, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal; or
(d) Had a license revoked or suspended for reasons that would preclude the granting or renewal of a license for which the application has been made.
2. Upon the request of the Board, an applicant for a contractor’s license, any officer, director, partner or associate of the applicant and any person who qualifies on behalf of the applicant pursuant to subsection 2 of NRS 624.260 must submit to the Board completed fingerprint cards and a form authorizing an investigation of the applicant’s background and the submission of the fingerprints to the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation. The fingerprint cards and authorization form submitted must be those that are provided to the applicant by the Board. The applicant’s fingerprints may be taken by an agent of the Board or an agency of law enforcement.
3. Except as otherwise provided in NRS 239.0115, the Board shall keep the results of the investigation confidential and not subject to inspection by the general public.
4. The Board shall establish by regulation the fee for processing the fingerprints to be paid by the applicant. The fee must not exceed the sum of the amounts charged by the Central Repository for Nevada Records of Criminal History and the Federal Bureau of Investigation for processing the fingerprints.
5. 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,
–> for the investigation of a licensee or an applicant for a contractor’s license.
NRS 624.266 Duty of applicant or licensee to disclose certain information to Board.
1. An applicant for a contractor’s license or a licensee shall notify the Board in writing if he or she is convicted of, or enters a plea of guilty, guilty but mentally ill or nolo contendere to:
(a) A crime against a child as that term is defined in NRS 179.245;
(b) A sexual offense as that term is defined in NRS 179.245;
(c) Murder as that term is defined in NRS 200.010;
(d) Voluntary manslaughter as that term is defined in NRS 200.050; or
(e) Any other felony or crime involving moral turpitude if the conviction occurred or the plea was entered in the immediately preceding 15 years,
–> in this State or any other jurisdiction.
2. An applicant for a contractor’s license or a licensee shall submit the notification required by subsection 1 not more than 30 days after the conviction or entry of the plea of guilty, guilty but mentally ill or nolo contendere.
