NRS 119A.310 Grounds for denial of permit; burden of proof.

327 words·~1 min read·/nv/chapter-119a-time-shares/119a-310·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. The Administrator shall deny an application for a permit to sell time shares if the Administrator finds that:

(a)The developer failed to comply with any of the provisions of this chapter or the regulations adopted by the Division; or

(b)The developer, any affiliate of the developer or any officer of the developer or an affiliate of the developer, has:

(1)Been convicted of or pleaded nolo contendere to forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or other crime involving moral turpitude;

(2)Been the subject of a judgment in any civil or administrative action, including a proceeding to revoke or suspend a license, involving fraud or dishonesty;

(3)Been permanently enjoined by a court of competent jurisdiction from selling real estate, time shares or securities in an unlawful manner;

(4)Had a registration as a broker-dealer in securities or a license to act as a real estate broker or salesperson, project broker or sales agent revoked;

(5)Been convicted of or pleaded nolo contendere to selling time shares without a license; or

(6)Had a permit to sell time shares, securities or real estate revoked.

2. The Administrator may deny an application for a permit to sell time shares if the Administrator finds that the developer has failed to offer satisfactory proof that it has a good reputation for honesty, trustworthiness, integrity and competence to transact the business of a developer in a manner which safeguards the interests of the public.

3. The burden of proof is on the developer to establish to the satisfaction of the Administrator that the developer is competent to transact the business of the developer in a manner which safeguards the interests of the public.

4. If a developer has substantially complied with the provisions of this chapter in good faith, a nonmaterial error or omission is not sufficient grounds to deny a permit.