Nevada § 119A.675 - Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization; procedure for imposition of fine; judicial review; exceptions

§ 119A.675. Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization; procedure for imposition of fine; judicial review; exceptions

1. In addition to any other remedy or penalty, the Administrator may impose an administrative

fine against any person who knowingly: (a) Engages or offers to engage in any activity for which a license, permit, certificate

or registration or any type of authorization is required pursuant to this chapter,

or any regulation adopted pursuant thereto, if the person does not hold the required

license, permit, certificate or registration or has not been given the required authorization;

or (b) Assists or offers to assist another person to commit a violation described in

paragraph (a). 2. If the Administrator imposes an administrative fine against a person pursuant to

this section, the amount of the administrative fine may not exceed the amount of any

gain or economic benefit that the person derived from the violation or $5,000, whichever

amount is greater. 3. In determining the appropriate amount of the administrative fine, the Administrator

shall consider: (a) The severity of the violation and the degree of any harm that the violation caused

to other persons; (b) The nature and amount of any gain or economic benefit that the person derived

from the violation; (c) The person's history or record of other violations; and (d) Any other facts or circumstances that the Administrator deems to be relevant. 4. Before the Administrator may impose the administrative fine, the Administrator

must provide the person with notice and an opportunity to be heard. 5. The person is entitled to judicial review of the decision of the Administrator

in the manner provided by chapter 233B of NRS . 6. The provisions of this section do not apply to a person who engages or offers to

engage in activities within the purview of this chapter if: (a) A specific statute exempts the person from complying with the provisions of this

chapter with regard to those activities; and (b) The person is acting in accordance with the exemption while engaging or offering

to engage in those activities.