Nev. Admin. Code § 527.420 - Notice of non compliance: Cause for issuance; requirement to cease certain activity; withdrawal of notice
1. The Division may
issue a notice of noncompliance that requires a permittee to cease part or all
of the activity authorized by a permit issued by the Division if the Division
reasonably believes that:
(a) The permittee
has failed to submit timely, accurate or valid reports required by the
Division;
(b) The permittee has
failed to pay any required fees, costs associated with an agreement for the
administration of a management area, or assessed costs or penalties, whether or
not such costs or penalties have been reduced to judgment;
(c) The permittee has failed to comply with
any term or condition of the permit, or an agreement for administration of a
management area, if any;
(d) The
permittee is not in compliance with any applicable law, regulation or
professional standard governing the conduct or activities authorized by the
permit;
(e) The permittee has
engaged in any activity that would disqualify the permittee from obtaining the
permit; or
(f) The permittee no
longer has the qualifications required to hold the permit.
2. The Division, in determining whether to
issue a notice of noncompliance to cease activity authorized by the permit, may
consider any information that is relevant to the issue, including, without
limitation:
(a) Any prior conviction, report
or finding of a professional licensing board or other governmental
agency;
(b) The assessment of a
civil penalty for any violation of any federal, state or local law or
regulation governing the activity authorized by the permit; or
(c) Any prior revocation or suspension of a
permit, notice of noncompliance, or any reports of federal, state or local
officials.
3. The
Division may make an independent inquiry or investigation to verify information
or substantiate qualifications provided by a permittee. The Division, in its
sole discretion, may consult with the Division of Natural Heritage of the
Department.
4. The Division may, in
its sole discretion, issue a notice of noncompliance without requiring the
permittee to cease all activities authorized by a permit if certain activities
are in full compliance with the permit. A notice of noncompliance issued
pursuant to this subsection must specify the noncompliant activity that must be
ceased and the activities authorized by the permit that may be continued. The
Division may impose additional terms and conditions on the activities that may
be continued by a permittee who receives a notice of noncompliance pursuant to
this subsection.
5. The Division
may, in its sole discretion, withdraw a notice of noncompliance if the
permittee demonstrates that he or she has remedied the deficiency, or if the
permittee agrees to a corrective plan of action that is approved by the
Division.
Notes
NRS 527.050, 527.270
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