Nev. Admin. Code § 439B.Sec. 24 - NEW
1. The Department may impose on a person or
entity an administrative penalty for a violation of the provisions of
NRS
439B.800 to
439B.875, inclusive, and
sections 2 to 24, inclusive, as follows:
(a)
For the first violation within a 3-year period, an administrative penalty not
to exceed $2,500 for each day the person or entity remains in
violation.
(b) For the second and
each subsequent violation within a 3-year period, an administrative penalty not
to exceed $5,000 for each day the person or entity remains in
violation.
2. The
Department may impute a violation of the provisions of
NRS
439B.800 to
439B.875, inclusive, and
sections 2 to 24, inclusive by a data submitter to any entity on whose behalf
the data submitter is required to submit historical data to the extent that the
violation results in a violation of those provisions by that entity.
3. Upon deciding to impose an administrative
penalty, the Department will provide written notice to the person or entity who
is alleged to have committed the violation. The written notice must contain,
without limitation:
(a) The determination of
the Department, including, without limitation, each provision of law and
regulatory provision which the person or entity is alleged to have violated;
and
(b) Notification of the
provisions of subsection 4.
4. Not later than 90 days after receiving
notice of a decision to impose an administrative penalty pursuant to subsection
3, a person or entity may request a hearing by certified mail. If the
Department receives a request for an administrative hearing that complies with
the requirements of this subsection, the Department will:
(a) Appoint a hearing officer to conduct the
hearing; and
(b) Notify the person
or entity who requested the administrative hearing of the date, time, place and
nature of the hearing.
5.
The decision of a hearing officer appointed pursuant to subsection 4 must:
(a) Be in writing; and
(b) Detail the findings of the hearing
officer and the support for those findings.
6. A decision by a hearing officer in an
administrative hearing held pursuant to this section is a final decision for
the purposes of judicial review.
Notes
NRS 439B.875
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