Nev. Admin. Code § 381.Sec. 23 - NEW
1. If
the Museum Director or his or her designee has evidence that is of a type
commonly relied upon by reasonable and prudent persons in the conduct of their
affairs that a person to whom a Nevada Indian Burial Site Permit or a Nevada
Antiquities Permit is issued has failed to comply with the provisions of
section 17 or with
NRS 381.195 to
381.227, inclusive, as
applicable, the Museum Director may schedule a permit revocation
hearing.
2. The Museum Director or
his or her designee will provide written notice to the person described in
subsection 1 pursuant to
NRS
233B.121 and
241.034.
3. After providing written notice pursuant to
subsection 2, the Museum Director will hold a permit revocation hearing
pursuant to
NRS
233B.121 to
233B.150,
inclusive.
4. Unless otherwise
directed by the Museum Director, upon receiving written notice pursuant to
subsection 2, the person who is described in subsection 1 shall cease all work
on the investigation, exploration or excavation, as applicable.
5. If, after the permit revocation hearing is
held and any appeals are considered, it is determined that the person described
in subsection 1 failed to comply with the provisions of section 17 or with
NRS 381.195 to
381.227, inclusive, as
applicable, the Museum Director:
(a) Will
revoke the Nevada Indian Burial Site Permit or Nevada Antiquities Permit, as
applicable.
(b) May recover from
the person reasonable attorney's fees and costs that were incurred by the
Museum Director or the Division as part of carrying out the provisions of this
section.
6. As used in
this section, "costs" means:
(a) Costs of an
investigation.
(b) Costs for
photocopies, facsimiles, long distance telephone calls and postage and
delivery.
(c) Fees for court
reporters at any depositions or hearings.
(d) Fees for expert witnesses and other
witnesses at any depositions or hearings.
(e) Fees for necessary interpreters at any
depositions or hearings.
(f) Fees
for service and delivery of process and subpoenas.
(g) Expenses for research, including, without
limitation, reasonable and necessary expenses for computerized services for
legal research.
Notes
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