Nevada § 482.38279 - Determination that charitable organization failed to comply with certain provisions or standards; organization may request hearing; Department to issue decision; authority of Department to take certain actions regarding collection of additional fees or production of design of special license plate; notice of corrective actions; submission of information by aggrieved organization; final decision by Department

§ 482.38279. Determination that charitable organization failed to comply with certain provisions or standards; organization may request hearing; Department to issue decision; authority of Department to take certain actions regarding collection of additional fees or production of design of special license plate; notice of corrective actions; submission of information by aggrieved organization; final decision by Department

1. If the Department determines that a charitable organization has failed to comply

with one or more of the provisions of NRS 482.38277 or if, in a report provided to the Department by the Legislative Auditor pursuant

to NRS 482.38278 or 482.382785 , the Legislative Auditor determines that a charitable organization has committed

improper practices of financial administration, has filed with the Department forms

or records that are inadequate or inaccurate, or has failed to use adequate methods

and procedures to ensure that all money received in the form of additional fees is

expended solely for the benefit of the intended recipient, the Department shall notify

the charitable organization of that determination. 2. A charitable organization may request in writing a hearing, within 20 days after

receiving notification pursuant to subsection 1, to respond to the determinations

of the Department or Legislative Auditor. The hearing must be held not later than 30 days after the receipt of the request

for a hearing unless the parties, by written stipulation, agree to extend the time. 3. The Department shall issue a decision on whether to uphold the original determination

of the Department or the Legislative Auditor or to overturn that determination. The decision required pursuant to this subsection must be issued: (a) Immediately after the hearing, if a hearing was requested; or (b) Within 30 days after the expiration of the 20-day period within which a hearing

may be requested, if a hearing was not requested. 4. If the Department decides to uphold its own determination that a charitable organization

has failed to comply with one or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the organization

has committed improper practices of financial administration, has filed with the Department

forms or records that are inadequate or inaccurate, or has failed to use adequate

methods and procedures to ensure that all money received in the form of additional

fees is expended solely for the benefit of the intended recipient, the Department

shall issue its decision in writing and may: (a) Terminate production and distribution of the particular design of the special

license plate and collection of all additional fees collected on behalf of the charitable

organization, and allow any holder of the special license plate to continue to renew

the plate without paying the additional fee; (b) Suspend the production and distribution of the particular design of special license

plates and collection of all additional fees collected on behalf of the charitable

organization, if the Department is still producing that design and allow any holder

of the special license plate to renew the plate without paying the additional fee;

or (c) Suspend the distribution of all additional fees collected on behalf of the charitable

organization for a specified period and allow the production and distribution of the

special license plate and the collection of additional fees to continue if the Department

is still producing that design, and allow holders of the special license plates to

renew the plate with the payment of the additional fees. 5. If the Department takes the action described in paragraph (b) or (c) of subsection

4, the Department shall inform the charitable organization in writing of the corrective

actions that must be taken and upon conclusion of the suspension determine whether

the charitable organization completed the corrective actions. If the Department determines that the charitable organization: (a) Completed the corrective actions, the Department may: (1) Terminate the suspension and forward to the charitable organization any additional

fees collected on behalf of the charitable organization during the suspension; or (2) Take any action described in paragraph (c). (b) Has not completed the corrective actions, the Department may extend the period

of the suspension, but not more than one time. (c) Has not completed the corrective actions or the Department does not terminate

the suspension pursuant to paragraph (a), the Department may: (1) Terminate production and distribution of the special license plate and collection

of all additional fees on behalf of the charitable organization, allow any holders

of the special license plate to renew the plate without paying the additional fee

and distribute all fees collected during the suspension in a manner determined by

the Department; or (2) Continue production and distribution of the special license plate and distribute

all additional fees collected, including any fees held during the suspension, to another

charitable organization that: (I) Submits an application to the Department on a form prescribed and furnished by

the Department; (II) Meets all applicable requirements of subsection 1 of NRS 482.367002 for a charitable organization seeking to receive financial support from a special

license plate; and (III) Provides evidence satisfactory to the Department that the additional fees collected

on behalf of the charitable organization will be used for a purpose similar to the

purpose for which the additional fees were intended to be used by the initial charitable

organization. 6. If, in accordance with subsection 4 or paragraph (c) of subsection 5, the Department

determines to take adverse action against a charitable organization, the Department

shall notify the charitable organization, in writing, of that fact within 30 days

after making the determination and include a description of any necessary corrective

action that must be taken by the charitable organization, if applicable. A charitable organization aggrieved by a determination of the Department may, within

30 days after the date on which it received notice of the determination, submit to

the Department any facts, evidence or other information that it believes is relevant

to the propriety of the Department's determination. Within 30 days after receiving all facts, evidence and other relevant information

submitted to the Department by the aggrieved charitable organization, the Department

shall render a decision, in writing, as to whether the Department decides to uphold

or not uphold its determination to take adverse action against the charitable organization. The decision of the Department is a final decision for the purpose of judicial review.