Bidding, contracting or otherwise acting in capacity of licensee without having license: Prohibition; prosecution; payment of costs and damages; violative bids and contracts deemed void.

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1. It is unlawful for any person or combination of persons to:

(a) Engage in the business or act in the capacity of a licensee within this State, including, without limitation, commencing any work for which a license is required pursuant to this chapter; or

(b) Submit a bid or enter into a contract for a job located within this State for which a license is required pursuant to this chapter,

without having a license issued pursuant to this chapter, unless that person or combination of persons is exempt from licensure pursuant to this chapter.

2. The district attorneys in this State shall prosecute all violations of this section which occur in their respective counties, unless the violations are prosecuted by the Attorney General. Upon the request of the Administrator, the Attorney General shall prosecute any violation of this section in lieu of prosecution by the district attorney.

3. In addition to any other remedy or penalty authorized pursuant to this chapter, any person or combination of persons convicted of violating any provision of subsection 1 may be required to pay:

(a) Court costs and the costs of prosecution;

(b) Reasonable costs of the investigation of the violation to the Division;

(c) Damages the person or combination of persons caused as a result of the violation up to the amount of any pecuniary gain from the violation; or

(d) Any combination of paragraphs (a), (b) and (c).

4. If any person or combination of persons submits a bid or enters into a contract in violation of subsection 1, the bid or contract shall be deemed void.

(Added to NRS by 2005, 1627)


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