Mental illness: Reinstatement of suspended certificate, license, registration or permit.

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1. A person whose certificate, license, registration or permit has been suspended by the Board in accordance with NRS 639.211 may petition the Board for reinstatement of the certificate, license, registration or permit after restoration or declaration of sanity or mental competence.

2. The Board shall not restore any suspended certificate, license, registration or permit until it has found, in a hearing held for that purpose, that with due regard for the public interest the petitioner’s right to practice, or to perform the duties and conduct the business covered by the certificate, license, registration or permit, may be safely reinstated.

3. In any such hearing the Board may consider the results of its own investigation as well as evidence pertaining to the petitioner’s restoration to sanity or mental competence. The affirmative vote of a majority of Board members is necessary to restore the certificate, license, registration or permit. The Board may require, before reinstatement, the petitioner to pass an examination, either oral or written, to determine the petitioner’s present fitness to resume his or her practice or conduct his or her business in the public interest.

4. In any hearing, conducted for the purpose of reinstating any certificate, license, registration or permit, the Board may employ expert witnesses considered necessary in order to determine the competency and ability of the petitioner.

5. The Board may grant or deny, without a hearing or argument, any petition for reinstatement filed pursuant to this section, where the petitioner has been afforded a hearing upon any petition filed pursuant to this section within a period of 2 years immediately preceding the filing of the new petition.

(Added to NRS by 1967, 1656; A 1983, 1509)


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