Nev. Admin. Code § 590.687

Current through December 12, 2024

Section 590.687 - Disciplinary proceedings: Final order or decision of Board

1. After a hearing on a citation or formal complaint, if the Board finds that the licensee or other person or business is:

(a) Not guilty as charged in the citation or formal complaint, the Board will issue a final order or decision dismissing the charges and notify the licensee or other person or business that the charges have been dismissed.

(b) Guilty as charged in the citation or formal complaint, the Board will:

(1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

(I) The danger to the health or safety of the public created by the violation;

(II) The economic benefit received by the licensee or other person or business from the violation;

(III) Any mitigation or aggravation by the licensee or other person or business of the effects of the violation;

(IV) The extent to which the licensee or other person or business demonstrates good faith;

(V) Any previous history of violations by the licensee or other person or business;

(VI) Whether the licensee or other person or business knew or, as a competent person, should have known that the action complained of was a violation of a statute, a regulation or, if applicable, a condition of his or her license;

(VII) Whether the licensee or other person or business has initiated remedial measures to prevent similar violations;

(VIII) The magnitude of penalties imposed on other licensees or other persons or businesses for similar violations;

(IX) The proportionality of the penalty in relation to the misconduct; and

(X) If the licensee or other person or business offered evidence of mitigating factors, all such evidence;

(2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive, and section 1 of this regulation, require the licensee or other person or business to:

(I) Fulfill certain training or educational requirements; and

(II) Pay all costs incurred by the Board relating to the hearing; and

(3) Issue and serve the final order or decision of the Board on the licensee or other person or business.

2. A final order or decision by the Board that is adverse to the licensee or other person or business must:

(a) Be in writing;

(b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

(c) Specifically set forth the punishment imposed on the licensee or other person or business.

3. A final order or decision of the Board is effective on the earliest of:

(a) The date on which the final order or decision is personally served on the licensee or other person or business;

(b) The date on which the final order or decision is posted at the premises of the licensee or other person or business; or

(c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the licensee or other person or business at the address of record of the licensee or other person or business.

Nev. Admin. Code § 590.687

Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18AP, eff. 6/26/2019

NRS 590.505, 590.515, 590.605