Nev. Admin. Code § 640A.170 - Administrative fine for practicing with expired license; Board may waive fine under certain circumstances
1. Except as
otherwise provided by subsection 3, the Board will assess against a person
practicing occupational therapy whose license has expired an administrative
fine of:
(a) If the period of expiration of
the license is less than 3 months, $200.
(b) If the period of expiration of the
license is 3 months or more but not more than 6 months, $500.
(c) If the period of expiration of the
license is 6 months or more, not less than $500 but not more than
$5,000.
2. Except as
otherwise provided by subsection 3, the Board will assess against a licensee
who:
(a) Fails to file with the Board the
information required to be filed with the Board pursuant to NAC
640A.130, or to notify the Board
of a change in such information as required by NAC
640A.130, an administrative fine
of:
(1) For the first violation,
$50.
(2) For the second violation,
$150.
(b) Fails to
provide to the Board information relating to the supervision or employment of
the licensee in violation of subsection 1 or 2 of NAC
640A.260 or section 1 of LCB
File No. R105-19, an administrative fine of:
(1) For the first violation, $100.
(2) For the second violation, $250.
(c) Fails to display his or her
license card, or alters his or her license or license card, in violation of NAC
640A.110 or fails to wear a name
tag in accordance with NAC
640A.115, an administrative fine
of:
(1) For the first violation,
$50.
(2) For the second violation,
$150.
(d) Fails to
notify the Board of a change in his or her name pursuant to NAC
640A.120, or who practices under
a name other than the name listed on his or her license in violation of NAC
640A.195, an administrative fine
of:
(1) For the first violation,
$50.
(2) For the second violation,
$100.
(e) Fails to
submit to the Board proof of the completion of the required hours of continuing
education in violation of subsection 8 of NAC
640A.030 or NAC
640A.070:
(1) For the first violation, $200.
(2) For the second violation, $300.
(f) Violates NAC
640A.290 or section 3 of LCB
File No. R001-21, an administrative fine of:
(1) For the first violation, $250.
(2) For the second violation, $300.
(g) Commits a third or subsequent
violation of a provision listed in paragraphs (a) to (f), inclusive, an
administrative fine against the licensee in an amount greater than the
administrative fine assessed for a second violation of that provision, but not
more than $500.
3. The
Board may waive an administrative fine assessed pursuant to subsection 1 or 2:
(a) For the first offense.
(b) Upon a finding of good cause by the
Board. A person seeking waiver of an administrative fine on the grounds
prescribed by this paragraph shall submit a written request to the Board which
must include proof satisfactory to the Board that good cause exists for the
Board to waive the administrative fine. As used in this paragraph, "good cause"
includes, without limitation, circumstances under which a person suffers from
an illness or disability, suffers an injury or experiences a family
hardship.
Notes
NRS 640A.110, 640A.230, section 4 of Assembly Bill No. 343, chapter 88, Statutes of Nevada 2023, at page 433
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1. Except as otherwise provided by subsection 3, the Board will assess against a person practicing occupational therapy whose license has expired an administrative fine of:
(a) If the period of expiration of the license is less than 3 months, $200.
(b) If the period of expiration of the license is 3 months or more but not more than 6 months, $500.
(c) If the period of expiration of the license is 6 months or more, not less than $500 but not more than $5,000.
2. Except as otherwise provided by subsection 3, the Board will assess against a licensee who:
(a) Fails to file with the Board the information required to be filed with the Board pursuant to NAC 640A.130, or to notify the Board of a change in such information as required by NAC 640A.130, an administrative fine of:
(1) For the first violation, $50.
(2) For the second violation, $150.
(b) Fails to provide to the Board information relating to the supervision or employment of the licensee in violation of subsection 1 or 2 of NAC 640A.260 or section 1 of LCB File No. R105-19, an administrative fine of:
(1) For the first violation, $100.
(2) For the second violation, $250.
(c) Fails to display his or her license card, or alters his or her license or license card, in violation of NAC 640A.110 or fails to wear a name tag in accordance with NAC 640A.115, an administrative fine of:
(1) For the first violation, $50.
(2) For the second violation, $150.
(d) Fails to notify the Board of a change in his or her name pursuant to NAC 640A.120, or who practices under a name other than the name listed on his or her license in violation of NAC 640A.195, an administrative fine of:
(1) For the first violation, $50.
(2) For the second violation, $100.
(e) Fails to submit to the Board proof of the completion of the required hours of continuing education in violation of subsection 8 of NAC 640A.030 or NAC 640A.070:
(1) For the first violation, $200.
(2) For the second violation, $300.
(f) Violates NAC 640A.290 or section 3 of LCB File No. R001-21, an administrative fine of:
(1) For the first violation, $250.
(2) For the second violation, $300.
(g) Commits a third or subsequent violation of a provision listed in paragraphs (a) to (f), inclusive, an administrative fine against the licensee in an amount greater than the administrative fine assessed for a second violation of that provision, but not more than $500.
3. The Board may waive an administrative fine assessed pursuant to subsection 1 or 2:
(a) For the first offense.
(b) Upon a finding of good cause by the Board. A person seeking waiver of an administrative fine on the grounds prescribed by this paragraph shall submit a written request to the Board which must include proof satisfactory to the Board that good cause exists for the Board to waive the administrative fine. As used in this paragraph, "good cause" includes, without limitation, circumstances under which a person suffers from an illness or disability, suffers an injury or experiences a family hardship.
Notes
NRS 640A.110, 640A.230, section 4 of Assembly Bill No. 343, chapter 88, Statutes of Nevada 2023, at page 433