Nevada

Ministers’ Certificates of Permission to Perform Marriages

NRS 122.062  Licensed or ordained ministers and chaplains of Armed Forces to obtain certificates from county clerk; temporary replacements; solemnization by minister licensed or ordained in another state.

1.  Any licensed or ordained minister in good standing within his denomination, whose denomination, governing body and church, or any of them, are incorporated or organized or established in this state, may join together as husband and wife persons who present a marriage license obtained from any county clerk of the State, if the minister first obtains a certificate of permission to perform marriages as provided in this section and NRS 122.064 to 122.073, inclusive. The fact that a minister is retired does not disqualify him from obtaining a certificate of permission to perform marriages if, before his retirement, he had active charge of a congregation within this state for a period of at least 3 years.

2.  A temporary replacement for a licensed or ordained minister certified pursuant to this section and NRS 122.064 to 122.073, inclusive, may solemnize marriages pursuant to subsection 1 during such time as he may be authorized to do so by the county clerk in the county in which he is a temporary replacement, for a period not to exceed 90 days. The minister whom he temporarily replaces shall provide him with a written authorization which states the period during which it is effective.

3.  Any chaplain who is assigned to duty in this state by the Armed Forces of the United States may solemnize marriages if he obtains a certificate of permission to perform marriages from the county clerk of the county in which his duty station is located. The county clerk shall issue such a certificate to a chaplain upon proof by him of his military status as a chaplain and of his assignment.

4.  A county clerk may authorize a licensed or ordained minister whose congregation is in another state to perform marriages in the county if the county clerk satisfies himself that the minister is in good standing with his denomination or church. The authorization must be in writing and need not be filed with any other public officer. A separate authorization is required for each marriage performed. Such a minister may perform not more than five marriages in this state in any calendar year.

NRS 122.064  Initial application for certificate: Form; required information. [Effective until the date of the repeal of 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.]

1.  A certificate of permission may be obtained only from the county clerk of the county in which the minister resides, after the filing of a proper application. The initial application must:

(a) Be in writing and be verified by the applicant or his superior.

(b) Include the date of licensure or ordination, or both, of the minister, and the name of the denomination, governing body and church, or any of them, with which he is affiliated.

(c) Include the social security number of the applicant.

(d) Be accompanied by two copies of the denominational standing of the applicant, one of which the county clerk shall file with the Secretary of State.

2.  To determine the qualifications of any minister who has filed an application for a certificate, the county clerk with whom the application has been filed may require:

(a) The congregation of the minister to furnish any evidence which the county clerk considers necessary or helpful.

(b) The district attorney and the sheriff to conduct an investigation of the background and present activities of the minister.

3.  In addition to the requirement of good standing, the county clerk shall, before approving an initial application, satisfy himself that:

(a) The applicant’s ministry is primarily one of service to his congregation or denomination, and that his performance of marriages will be incidental to that service, or, in the case of a retired minister, that his 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, been released from confinement or completed his 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 the information required by this section.

NRS 122.065  Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duty of county clerk. [Expires by limitation on the date of the repeal of 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.]

1.  An applicant for the issuance of a certificate of permission shall submit to the county clerk the statement prescribed by the Welfare Division of the Department of Human Resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2.  The county clerk shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance of the certificate of permission; or

(b) A separate form prescribed by the county clerk.

3.  A certificate of permission may not be issued by the county clerk if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the county clerk shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

NRS 122.066  Certification by Secretary of State; issuance, term and expiration of certificates.

1.  If the county clerk approves an application, he shall notify the Secretary of State of such approval within 10 days thereafter. After receipt of such notification, the Secretary of State shall immediately certify the name of such minister to each county clerk and county recorder in the State.

2.  A certificate of permission shall be valid until the county clerk has received:

(a) A written statement that the minister is no longer in good standing within his denomination, signed by a trustee, warden, responsible superior or other officer of such minister’s congregation authorized to speak for it; or

(b) A written statement that the minister to whom a certificate of permission was granted is no longer a minister, signed by a trustee, warden, responsible superior or other officer of such former minister’s congregation authorized to speak for it.

3.  The written statements required to be sent by a trustee, warden, responsible supervisor or other officer of a congregation pursuant to subsection 2 shall be sent to the county clerk within 5 days following the time the minister ceased to be a member of the denomination in good standing or ceased to be a minister of the congregation.

4.  If the county clerk in the county where the certificate of permission was issued has reason to believe that the minister is no longer in good standing within his denomination, or that he is no longer a minister, or that such denomination no longer exists, such clerk may require satisfactory proof of such minister’s denominational standing. If such proof is not presented within 15 days, the county clerk shall revoke the certificate of permission and shall so notify the Secretary of State.

5.  If any minister to whom a certificate of permission has been issued severs ties with his congregation or moves from the county in which his certificate was issued, the certificate shall expire immediately upon such severance or move, and the trustee, warden, responsible superior or other officer of the congregation authorized to speak for it shall, within 5 days following the severance or move, give written notice of the fact of such severance or move to the county clerk who issued the certificate.

NRS 122.067  Suspension of certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate. [Expires by limitation on the date of the repeal of 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.]

1.  If a county clerk receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of permission, the county clerk shall deem the certificate of permission issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the county clerk receives a letter issued to the holder of the certificate of permission by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate of permission has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2.  A county clerk shall reinstate a certificate of permission that has been suspended by a district court pursuant to NRS 425.540 if the county clerk receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate of permission was suspended stating that the person whose certificate of permission was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

NRS 122.068  Revocation of certificates; hearing; duties of Secretary of State.

1.  Any county clerk who has issued a certificate of permission to a minister may revoke such certificate for good cause shown after hearing.

2.  If the certificate of any minister is revoked, the county clerk shall inform the Secretary of State of such fact, and the Secretary of State shall immediately remove the name of such minister from the list and shall notify each county clerk and county recorder in the State of such fact.

NRS 122.071  Judicial review. 

Any minister whose application for a certificate of permission or renewal is denied, or whose certificate of permission is revoked, is entitled to judicial review of such action in the district court of the county in which such action was taken.

NRS 122.073  Additional regulations by county clerk. 

Each county clerk may prescribe additional regulations, which shall not conflict with the provisions of this chapter, relating to the issuance and revocation of certificates of permission.