Nev. Admin. Code § 459.949 - Administrative fine for failure to comply with regulation or statute governing hazardous materials; procedure for imposition of fine; recovery of actual damages; reduction of fine
1. If an
inspection, evaluation or investigation reveals that a person is in violation
of NAC 459.010 to
459.950, inclusive, and sections
5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation, or any
provision of chapter 459 of NRS, the Division may issue a notice of
violation.
2. Except as otherwise
provided in subsection 4, the Division may impose an administrative fine as
provided in subsection 3 after sending the notice of violation to the violator
by certified mail or personal service. The notice of violation must include a
reference to the section of the statute, regulation, order or condition of a
license violated, a concise statement of the facts alleged to constitute the
violation, a statement of the amount of the administrative fine to be imposed
and a statement of the violator's right to a hearing. The violator has 10
business days after receipt of the notice within which to deliver to the
Division a written request for a hearing. After the hearing, if requested, and
upon a finding that a violation has occurred, the Administrator of the Division
may issue a final order and assess the amount of the fine. If no hearing is
requested, the notice becomes a final order upon the expiration of the 10-day
period. Payment of the penalty is due when a final order is issued or when the
notice becomes a final order. The authority to levy an administrative fine is
in addition to all other provisions for enforcement of
NRS 459.010 to
459.290, inclusive, or
NAC 459.010 to 459.950, inclusive, and sections 5 to 12, inclusive, and
sections 5 to 12, inclusive, of this regulation, and the payment of the
administrative fine does not affect the availability of any other provision for
enforcement in connection with the violation for which the penalty is
levied.
3. The Division may, after
providing a notice of violation as described in subsection 2, impose an
administrative fine:
(a) Except as otherwise
provided in paragraphs (b), (c) and (d), of not more than $2,000 per day for
each violation of NAC 459.010 to 459.950, inclusive, and sections 5 to 12,
inclusive, of this regulation, or any provision of chapter 459 of NRS, or for a
violation of any regulation or order, or any term, condition, or limitation of
any license issued pursuant to those provisions.
(b) Of not more than $5,000 per day for each
violation of a provision described in paragraph (a) that the Division
determines is necessary to protect health and minimize danger to life or
property.
(c) In the amount of $500
for the failure to satisfy the requirement of notifying the Division within the
period specified in paragraph (b) of subsection 1 of NAC
459.210.
(d) In an amount equal to the fee required
for the proposed activity if the person fails to receive written permission
from the Division, as required pursuant to paragraph (b) of subsection 1 of NAC
459.210, to proceed with the
proposed activity before engaging in the proposed activity.
4. Except in cases of willfulness or those in
which the public health, interest or safety requires otherwise, the Division
may not impose an administrative fine against a licensee or registrant pursuant
to this section unless prior to the institution of proceedings pursuant to this
section:
(a) The Division provides written
notice to the licensee or registrant of the facts or conduct which may warrant
the imposition of the administrative fine;
(b) The licensee or registrant has been given
an opportunity to demonstrate or achieve compliance with all lawful
requirements; and
(c) The licensee
or registrant failed to achieve compliance within 30 days after receipt of the
written notice or a time period prescribed by the Division as necessary to
protect the public health, interest or safety.
5. The Division may recover actual damages
which result from a violation, in addition to the administrative fine provided
in this section. The damages may include, without limitation, expenses incurred
by the Division in removing, correcting or terminating any adverse effects
which resulted from the violation and compensation for any damages incurred as
a result of the violation.
6. The
Division may reduce the administrative fine if there is evidence that the
person has initiated, in good faith, comprehensive corrective measures or
training relating to radiation safety and preparedness, over and above that
required as a response to the violation, valued at least 1.5 times the amount
of the administrative fine imposed.
Notes
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