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Section 122.064 – [Effective until the date of the repeal of 42 U.S.C. Section 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings]Initial application for or renewal of certificate: Form; required information; fees

May 14, 2021 | Family Law, Nevada

1. A certificate of permission to perform marriages or a renewal of such a certificate may be obtained only from the county clerk of the county in which the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant resides, after the filing of a proper application. The initial application or application for renewal must:

(a) Be in writing and be verified by the applicant.
(b) If the applicant is a minister or other church or religious official authorized to solemnize a marriage:

(1) Include the date of licensure, ordination or appointment of the minister or other church or religious official authorized to solemnize a marriage, and the name of the church or religious organization with which he or she is affiliated; and
(2) Be accompanied by one copy of the affidavit of authority to solemnize marriages described in subsection 5.
(c) If the applicant is a notary public:

(1) Include the date of the appointment of the notary public by the Secretary of State; and
(2) Be accompanied by a verification issued by the Secretary of State within the 3 months immediately preceding the date of the application which states that the applicant has been appointed as a notary public by the Secretary of State pursuant to chapter 240 of NRS and is in good standing with the Secretary of State. The county clerk must refuse to issue a certificate of permission if the appointment of the notary public is suspended or revoked and may refuse to issue a certificate of permission if the notary public has committed any violations of chapter 240 of NRS.
(d) If the county clerk has established a training course for an applicant seeking to obtain a certificate of permission to perform marriages or a single marriage in this State:

(1) Include an additional fee not to exceed $100 for the course ; and
(2) Be accompanied by verification that the applicant successfully completed the course .
(e) Include the social security number of the applicant.
(f) Be accompanied by an application fee of $25.
2. To determine the qualifications of any minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant who has filed an application for a certificate of permission, the county clerk with whom the application has been filed may require:

(a) The church or religious organization of the minister or other church or religious official authorized to solemnize a marriage to furnish any evidence which the county clerk considers necessary or helpful.
(b) An investigation of the background and present activities of the minister, other church or religious official authorized to solemnize a marriage, notary public or person who desires to be a marriage officiant. The cost of an investigation conducted pursuant to this paragraph must be charged to the applicant.
3. In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself or herself that:

(a) If the applicant is a minister or other church or religious official authorized to solemnize a marriage, the applicant’s ministry is one of service to his or her church or religious organization or, in the case of a retired minister or other church or religious official authorized to solemnize a marriage, that his or her active ministry was of such a nature.
(b) No certificate previously issued to the applicant has been cancelled for a knowing violation of the laws of this State or of the United States.
(c) The applicant has not been convicted of a felony, released from confinement or completed his or her parole or probation, whichever occurs later, within 10 years before the date of the application.
4. The county clerk may require any applicant to submit information in addition to that required by this section.
5. The affidavit of authority to solemnize marriages required by subparagraph (2) of paragraph (b) of subsection 1 must be in substantially the following form:

AFFIDAVIT OF AUTHORITY TO SOLEMNIZE MARRIAGES FOR CHURCHES AND RELIGIOUS ORGANIZATIONS

State of Nevada

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ss.

County of……………………………..

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The………………………………………….. (name of church or religious organization) is organized and carries on its work in the State of Nevada. Its active meetings are located at………………………………………….. (street address, city or town). The………………………………………….. (name of church or religious organization) hereby finds that………………………………………….. (name of minister or other person authorized to solemnize marriages) is in good standing and is authorized by the………………………………………….. (name of church or religious organization) to solemnize a marriage.

I am duly authorized by………………………………………….. (name of church or religious organization) to complete and submit this affidavit.

……………………………………………………….

Signature of Official

……………………………………………………….

Name of Official

(type or print name)

……………………………………………………….

Title of Official

……………………………………………………….

Address

……………………………………………………….

City, State and Zip Code

……………………………………………………….

Telephone Number

Signed and sworn to (or affirmed) before me this………. day of the month of……………….. of the year………..

……………………………………………………….

Notary Public for………………………… County, Nevada.

My appointment expires…………………………

6. Not later than 30 days after issuing or renewing a certificate of permission to perform marriages to a notary public, the county clerk must submit to the Secretary of State the name of the notary public to whom the certificate has been issued.
7. If a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who holds a certificate of permission to perform marriages changes his or her mailing address, the minister, other church or religious official authorized to solemnize a marriage or marriage officiant must notify the county clerk who issued the certificate of his or her new mailing address not later than 30 days after the change. Pursuant to NRS 122.068, a county clerk may revoke the certificate of permission to perform marriages of a licensed, ordained or appointed minister, other church or religious official authorized to solemnize a marriage or marriage officiant who fails to notify the county clerk of his or her new mailing address within 30 days after the change. If a notary public who holds a certificate of permission to perform marriages changes his or her mailing address, the notary public must submit to the Secretary of State a request for an amended certificate of appointment pursuant to NRS 240.036.
8. The fees collected by the county clerk pursuant to paragraph (d) of subsection 1 must be deposited in the account established pursuant to NRS 19.016.

NRS 122.064

Added to NRS by 1967, 1290 [Ch. 487]; A 1969, 91 [Ch. 68]; 1977, 457 [Ch. 258]; 1997, 2041 [Ch. 483]; 2009, 725 [Ch. 197]; 2013, 1188 [Ch. 264]; 2017, 1027 [Ch. 191]; 2019, 454 [Ch. 84]
Amended by 2019, Ch. 84,§2, eff. 7/1/2019.
Amended by 2017, Ch. 191,§9, eff. 7/1/2017.
Amended by 2013, Ch. 264,§5, eff. 10/1/2013.
Added to NRS by 1967, 1290; A 1969, 91; 1977, 457; 1997, 2041; 2009, 725