Nev. Admin. Code § 671.085 - Administrative fines and orders to cease and desist
1. If a
person engages in an activity in violation of the provisions of this chapter or
chapter 671 of NRS, the Commissioner may issue an order to the person imposing
an administrative fine pursuant to
NRS 671.185
and directing the person to cease and desist from engaging in the
activity.
2. An order issued
pursuant to subsection 1 must:
(a) Be in
writing.
(b) Be served by certified
mail on the person to whom the order is directed. For the purposes of this
paragraph, proof of attempted service by certified mail to the last known
address of the person is sufficient to establish that service was
complete.
(c) State that the person
has 30 days after the date of the order to request an administrative hearing
and that the order shall be deemed final if the Division does not receive a
verified petition for a hearing within the prescribed time.
(d) State that, in the opinion of the
Commissioner, the person has engaged in an activity:
(1) For which the person has not received a
license as required by chapter 671 of NRS; or
(2) In a manner that violates the provisions
of this chapter or chapter 671 of NRS.
3. A person who is served with an order to
cease and desist pursuant to this section shall not engage in any activity
prohibited by the order after the person is served with the order unless the
order is suspended or rescinded.
4.
If a verified petition for a hearing is received by the Division within the
prescribed time, the Commissioner or the designee of the Commissioner shall
hold a contested hearing.
5. An
order to cease and desist may be amended or rescinded at any time before or
during the contested hearing. Subject to the discretion of the Commissioner or
the designee of the Commissioner, the hearing may be continued if an amendment
to the order materially alters the facts or legal issues relating to the order
or the respondent demonstrates an inability to prepare for the hearing as a
result of the amendment.
6. The
decision of the Commissioner or the designee of the Commissioner is final for
the purposes of judicial review.
Notes
NRS 671.030, 671.185
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