Nev. Sup. Ct. R. 49

1. Board of bar examiners. With the approval of the supreme court, the board of bar examiners, in consultation with the board of governors of the state bar, shall have the power to fix and determine the qualifications for admission to practice law in this state, shall examine applicants, and shall have the power to fix and collect fees from all applicants for admission to practice law in this state, which fees shall be paid into the treasury of the state bar.

2. Composition of board of bar examiners. The board of bar examiners is responsible to the supreme court and shall govern the administration of the comprehensive licensing examination. The board is comprised of fourteen members and the immediate past chair as an ex officio member. A majority of the board of bar examiners shall be appointed by the supreme court, and a minority shall be appointed by the board of governors. The supreme court shall appoint one of the members to chair the board.

3. Committee on character and fitness; duties and composition.

(a) Duties. The committee on character and fitness, a subcommittee of the board of bar examiners, shall administer character and fitness screening through appropriate investigation. It has all those powers and duties delegated to the board of bar examiners relating to the conduct of investigations and hearings, and the submission of reports and recommendations to the supreme court regarding the fitness of applicants for admission to practice law in this state.

(b) Composition. The committee on character and fitness shall be composed of thirteen members who are active members of the state bar in good standing and up to four lay members who are professionals with expertise in fields that are germane to the determination of character and fitness issues presented to the committee. Seven of the attorney members shall be appointed by the supreme court, and six of the attorney members shall be appointed by the board of governors. The board of governors shall also appoint the lay members of the committee. The supreme court shall appoint one attorney member as chair.

(c) Informal interviews. For those applicants whose applications reflect conduct or information warranting further inquiry, but not necessarily warranting an informal hearing, the admissions director, after consultation with the chair of the character and fitness committee, may conduct an informal interview to counsel an applicant, to resolve the matter informally, or to determine whether a hearing (formal or informal) is required.

(1) Informal interviews may be held for applicants at any time.

(2) No fees will be charged for informal interviews.

(d) Informal hearings. For those applicants whose applications reflect conduct or information warranting further inquiry, but not necessarily warranting a formal hearing, the chair (or a committee member or members, as determined by the chair) and the director of admissions may conduct an informal hearing to counsel an applicant or to resolve a matter informally.

(1) The fee for informal hearings shall be set by the board of bar examiners.

(2) The director of admissions shall be permitted to reduce the fee or allow for a deferred payment plan based on an applicant’s showing of financial hardship, provided that all fees must be paid in full before an applicant will be admitted to practice law in this state. The admissions director’s determination as to fees shall be final.

(e) Formal hearings. The chair may divide the committee into as many hearing panels as the chair believes is necessary to conduct formal hearings. A hearing panel shall be composed of a minimum of three members. The chair shall assign applicants for hearings to the panels and may sit as chair or designate an attorney to sit as acting hearing chair.

(1) Formal hearings shall be held only for applicants who are successful on all components of the comprehensive licensing examination.

(2) The fee for formal hearings shall be set by the board of bar examiners.

(3) The director of admissions shall be permitted to reduce the fee or allow for a deferred payment plan based on an applicant’s showing of financial hardship, provided that all fees charged must be paid in full before an applicant will be admitted to practice law in this state. The admissions director’s decision as to fees is final.

4. Committee on functional equivalency; duties and composition.

(a) Duties. The committee on functional equivalency, a subcommittee of the board of bar examiners, shall have all those powers and duties delegated to the board of bar examiners relating to the conduct of investigations and hearings and the submission of reports and recommendations to the board of bar examiners and the supreme court respecting those petitioners seeking certification pursuant to Rule 51.5.

(b) Composition. The committee on functional equivalency shall be composed of seven members who are active members of the state bar. Four of the members shall be appointed by the supreme court, and three members shall be appointed by the board of governors. The supreme court shall appoint one of the members to chair the committee.

5. Board of bar examiners and subcommittees; terms of members. The terms of the members of the board of bar examiners and its subcommittees shall be staggered. Each member shall be appointed for a term of three years. No member of the board of governors shall serve simultaneously on the board of bar examiners or on one of its subcommittees. The immediate past chair of the board of bar examiners shall serve as an ex officio member of the board for one year following expiration of their tenure as chair. There is no limit on the number of terms an attorney may serve on the board of bar examiners or the character and fitness committee. No member may serve on the functional equivalency committee for more than a lifetime total of twelve years. The time served in filling a partial term created by a vacancy or appointment shall not be included in computing the twelve-year lifetime limit.

6. Authority of board of bar examiners. The board of bar examiners shall have the power to establish the application, screening, and testing procedures for applicants seeking admission to the bar, including the authority to:

(a) Interview and examine applicants, determine their qualifications for admission to practice, recommend to the supreme court for admission applicants who fulfill requirements, and recommend to the supreme court the rejection of those who fail to meet requirements.

(b) Recommend directly to the supreme court changes in qualifications for admission. The board of bar examiners, however, shall consult with the board of governors before any recommendation is presented to the court.

7. Administrative policies, procedures, and guidelines for admission to practice law. The board of bar examiners and the admissions director shall jointly define, adopt, and publish specific administrative policies, procedures, and guidelines consistent with these rules:

(a) To ensure timely and efficient admissions to the bar, accurate, fair, and confidential administration of the components of the comprehensive licensing examination, and the reporting of the component results to the supreme court.

(b) To inform applicants in a timely and accurate manner of all requirements pertaining to applications for and admission to practice and all pertinent procedures relating to the administration, processing, and grading of the components of the comprehensive licensing examination.

(c) The provisions of these rules shall prevail over any conflicting provisions in the administrative policies, procedures, and guidelines.