Current through December 31, 2024
1. Except as
otherwise provided in subsection 4, an organization which desires to obtain a
certificate for a program must submit an application to the Division in the
form prescribed by the Division, including, without limitation:
(a) Proof that the organization has satisfied
the requirements of subsection 3;
(b) A copy of the curriculum and the
instructional materials that will be used in the program and that satisfy the
requirements set forth in NAC
228.185;
(c) A statement of whether the applicant has
a state business license and, if so, the business identification number
assigned by the Secretary of State upon compliance with the provisions of
chapter 76 of NRS;
(d) The name and
address of the program;
(e) The
name of each owner of the program or, if the program is operated by a
corporation, the name of each:
(1) Officer and
director of the corporation; and
(2) Person who owns 10 percent or more of the
shares of the corporation;
(f) Except as otherwise provided in
subsection 5, the telephone number and electronic mail address of the
program;
(g) The name of the
director of the program;
(h) A
signed statement by the director of the program or his or her designee
attesting that the program complies with the requirements of NAC
228.010 to
228.275, inclusive, and sections
2, 3 and 4 of this regulation; and
(i) Any other information required by the
Division.
2. The
application must be signed by the director of the program or his or her
designee.
3. To obtain a
certificate, an organization which operates a program must:
(a) Employ, or retain as an independent
contractor, one or more providers of treatment who are qualified pursuant to
NAC 228.110 to treat persons who
commit domestic violence;
(b)
Employ, or retain as an independent contractor, at least one supervisor of
treatment who is qualified pursuant to NAC
228.110 to supervise the
treatment of persons who commit domestic violence;
(c) Employ, or retain as an independent
contractor, a director of the program who:
(1) Is qualified pursuant to NAC
228.108; and
(2) May also serve as a supervisor of
treatment as required by paragraph (b) if he or she meets the requirements of
NAC 228.110;
(d) Satisfy the requirements of NAC
228.010 to
228.275, inclusive, and sections
2, 3 and 4 of this regulation;
(e)
Provide treatment to persons who have been convicted of an offense that
constitutes domestic violence which meets the requirements of any court order
issued pursuant to subsection 6 of
NRS
200.485, if applicable;
(f) Allow an offender to attend live and
interactive counseling sessions or other meetings through electronic means if:
(1) The program has implemented a mechanism
to ensure that the offender attending a counseling session or meeting by
electronic means is the offender who is supposed to be attending the counseling
session or meeting;
(2) The
electronic means by which the offender attends the counseling session or
meeting allows the provider of treatment who is overseeing the counseling
session or meeting to receive audio and video of the offender; and
(3) The provider of treatment who is
overseeing the counseling session or meeting verifies the identity of the
offender by using the mechanism described in subparagraph
(1);
(g) Prohibit persons
who have been convicted of a first offense that constitutes domestic violence
within the immediately preceding 7 years from having more than four unexcused
absences within a period of 6 months; and
(h) Prohibit persons who have been convicted
of a second offense that constitutes domestic violence within the immediately
preceding 7 years from having more than eight unexcused absences within a
period of 12 months.
4.
In lieu of complying with the provisions of subsections 1 and 2, an
organization that operates a program certified pursuant to this section and
wishes to obtain a certificate for another program may submit an abbreviated
application to the Division if the curriculum and instructional materials for
the additional program are substantially similar to the curriculum and
instructional materials used in the certified program. An application submitted
pursuant to this subsection must be in the form prescribed by the Division and
be signed by the director of the additional program or his or her
designee.
5. The Division may
exempt an applicant from the requirements of paragraph (f) of subsection 1 if
the applicant attests that telephone and electronic mail are not feasible means
by which to communicate with the applicant and that United States mail is the
only feasible means by which to communicate with the applicant.
6. By submitting an application pursuant to
subsection 1 or 4, an applicant authorizes the Division to investigate as it
determines is necessary to verify the information set forth in the application.
Upon the request of the Division, the applicant must submit verification of
that information.
Added to NAC by Com.
on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08,
8-26-2008; A by
R159-17AP,
eff. 8/30/2018; A by
R071-20A,
eff. 7/28/2021
NRS
439.258