Section 240A.260 - Investigation by Secretary of State of alleged violation; suspension of registration for failure to provide information during investigation; permissible actions upon determining that violation has occurred; filing of complaint of alleged violation; service of notice of complaint; determination of violation and imposition of penalty are public records1. If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.2. If, within a reasonable period of time, a registrant fails to provide the Secretary of State with any information requested by the Secretary of State during an investigation of an alleged violation by the registrant, the Secretary of State may suspend or refuse to renew the registration of the registrant.3. If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may: (a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 and penalties pursuant to this section and NRS 240A.280.(b) If a registrant has committed the violation:(1) Revoke or suspend the registration of the registrant; or(2) Impose a penalty of not more than $1,000 for each violation. The authority of the Secretary of State to impose a penalty applies regardless of whether the person is still a registrant at the time that the penalty is imposed so long as the person was a registrant at the time that he or she committed the violation. The Secretary of State shall afford any person upon whom such a penalty is imposed an opportunity for a hearing pursuant to the provisions of NRS 233B.121.(c) If a person engaged in the business of a document preparation service and was not a registrant at the time of the violation, after a hearing on the matter, impose a penalty for each violation of not more than $5,000 or the amount of economic benefit derived from the violation, whichever is greater.(d) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.(e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS 240A.290.(f) Take any combination of the actions described in this subsection.4. Any person who is aware of a violation of this chapter by a document preparation service, a person applying for registration as a document preparation service or a person who is engaging in the business of a document preparation service and is not registered by the Secretary of State pursuant to this chapter may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.5. If the Secretary of State receives a complaint alleging a violation of this chapter, the Secretary of State shall notify the document preparation service or other person who is the subject of the complaint. The notice:(a) Must be sent by certified mail;(b) Is deemed to have been received 3 days after the notice is mailed;(c) Must include, without limitation: (1) A description of each allegation contained in the complaint;(2) A statement of each statutory provision which the document preparation service or other person is alleged to have violated;(3) An explanation of any disciplinary action that may be taken against the document preparation service or other person if the Secretary of State determines that the alleged violation occurred;(4) A statement that the document preparation service or other person must respond to the notice not later than 15 days after the notice is received; and(5) Instructions on the manner in which the document preparation service or other person may respond to the notice.6. Any determination by the Secretary of State that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person and the imposition of any penalty by the Secretary of State pursuant to this section is a public record.Added to NRS by 2013, 3473; A 2015, 2620; 2021, 937; 2023, 1521Amended by 2023, Ch. 242,§7, eff. 7/1/2023.Amended by 2021, Ch. 200,§3.6, eff. 7/1/2021.Amended by 2015, Ch. 449,§13, eff. 6/9/2015.Added by 2013, Ch. 535,§22, eff. 6/12/2013 for the purposes of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act, and 3/1/2014 for all other purposes.