NRS704.285. Violation of law governing interception or disclosure of communications made by wire or radio: Investigation; hearing; orders to cease and desist.  


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  •       1.  The Commission, upon its own information or knowledge or upon a complaint by any person, firm, partnership or corporation that any public utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or is knowingly allowing another person to violate those provisions, shall proceed without notice to make an investigation of the information or complaint.

          2.  If, after its investigation, the Commission determines that there is probable cause to believe that the utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of those provisions, the Commission shall forthwith issue a cease and desist order to the utility. The order is permanent unless the utility, within 20 days after receipt of the order, files a written request for a hearing with the Commission.

          3.  When a written request for a hearing is filed pursuant to subsection 2, the Commission shall conduct the hearing pursuant to the provisions of NRS 703.320 to 703.370, inclusive.

          4.  If, as the result of a hearing, it is determined that the utility is acting in violation of the provisions of NRS 179.410 to 179.515, inclusive, or NRS 200.610 to 200.690, inclusive, or allowing another to act in violation of those provisions, the Commission shall issue a permanent cease and desist order and notify the district attorney of the county where the violation occurred of its determination.

          5.  This section is applicable whether or not the utility involved is required to have a certificate of public convenience and necessity from the Commission.

      (Added to NRS by 1967, 958; A 1969, 999; 1973, 1750; 1979, 247)