Nevada § 489.436 - Bidding, contracting or otherwise acting in capacity of licensee without having license: Cease and desist order; injunction; fine

§ 489.436. Bidding, contracting or otherwise acting in capacity of licensee without having license: Cease and desist order; injunction; fine

1. The Administrator or a designee of the Administrator shall issue an order to cease

and desist to any person or combination of persons who: (a) Engages in the business or acts in the capacity of a licensee within this State,

including, without limitation, commencing any work for which a license is required

pursuant to this chapter; or (b) Submits a bid or enters into a contract for a job located within this State for

which a license is required pursuant to this chapter, without having a license issued pursuant to this chapter, unless that person or combination

of persons is exempt from licensure pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt. 2. If it appears that any person or combination of persons has engaged in acts or

practices which constitute a violation of this chapter or the violation of an order

issued pursuant to subsection 1, the Administrator may request the Attorney General,

the district attorney of the county in which the alleged violation occurred or the

district attorney of any other county in which that person or combination of persons

maintains a place of business or resides, to apply on behalf of the Administrator

to the district court for an injunction restraining the person or combination of persons

from acting in violation of this chapter. Upon a proper showing, a temporary restraining order, a preliminary injunction or

a permanent injunction may be granted. The Administrator, as plaintiff in the action, is not required to prove any irreparable

injury. 3. In seeking injunctive relief against any person or combination of persons for an

alleged violation of this chapter, it is sufficient to allege that the person or combination

of persons, upon a certain day and in a certain county of this State: (a) Engaged in the business or acted in the capacity of a licensee within this State;

or (b) Submitted a bid or entered into a contract for a job located within this State

for which a license is required pursuant to this chapter, and the person or combination of persons did not have a license issued pursuant to

this chapter and was not exempt from licensure pursuant to this chapter, without alleging

any further or more particular facts concerning the matter. 4. The issuance of a restraining order or an injunction does not relieve the person

or combination of persons against whom the restraining order or injunction is issued

from criminal prosecution for practicing without a license. 5. If the court finds that any person or combination of persons has willfully violated

an order issued pursuant to subsection 1, it shall impose a fine of not less than

$250 nor more than $1,000 for each violation of the order.