NRS640C.755. Administrative citation; order to take corrective action; administrative fines; penalty.

      1.  If the Board or its designee, based upon a preponderance of the evidence, has reason to believe that a person has committed an act which constitutes a violation of this chapter or the regulations of the Board, the Board or its designee, as appropriate, may issue or authorize the issuance of a written administrative citation to the person. A citation issued pursuant to this section may include, without limitation:

      (a) An order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, at the person’s cost;

      (b) An order to pay an administrative fine for each violation; and

      (c) An order to reimburse the Board for the amount of the expenses incurred to investigate each violation, not to exceed $150.

      2.  If the citation includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the Board, the citation must:

      (a) State the time permitted for compliance, which must not be less than 15 business days after the date on which the citation is received by the person; and

      (b) Describe, in specific detail, the action required to be taken.

      3.  If the citation is issued to a licensee and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine must not exceed the maximum amount authorized by NRS 640C.710 or 640C.712, as appropriate for each violation.

      4.  If the citation is issued to an unlicensed person and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine:

      (a) For a first violation, must not be less than $100 and must not be more than $1,000;

      (b) For a second violation, must not be less than $250 and must not be more than $5,000; and

      (c) For a third violation and for each additional violation, must not be less than $500 and must not be more than $10,000.

      5.  The sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      6.  The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section or make satisfactory payment arrangements, as approved by the Board, within 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      (Added to NRS by 2009, 2574)