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NRS 463A.040

Grounds for disqualification of personnel of labor organization

Applied in 2 court decisions — leading case Hotel Employees & Restaurant Employees International Union v. State Ex Rel. Nevada Gaming Control Board (1987)

Most recently applied in Hotel Employees & Restaurant Employees International Union v. Nevada Gaming Commission (January 1993)

(Added to NRS by 1975, 1443)

The Commission may individually disqualify any person from performing any one or more of the functions whose performance requires listing, if it finds that:

1. The person has been convicted in any jurisdiction of any crime involving moral turpitude or indicating a lack of business integrity or honesty, whether denominated a felony or misdemeanor.

2. The person has made or caused to be made any statement in a document provided to the Board or its agents or orally to a Board member or agent in connection with an investigation or listing which was, at the time and in the light of the circumstances under which it was made, false or misleading.

3. The person is a member of or an associate of organized criminal elements. Identification as such a member or associate by any law enforcement agency, legislative body or crime commission constitutes evidence which may be considered by the Nevada Gaming Commission.

4. The person’s moral character and integrity, as evidenced by the person’s prior conduct, are such as to create a reasonable belief that performance by the person of the specified function would not be consistent with the policy of this state that gaming be conducted freely and honestly or with the welfare of the employees of the gaming industry.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.