Nevada § 624.212 - Cease and desist order for unlicensed activity: Issuance; service; actions that Board is authorized or required to take after issuance; petition to lift or alter order; authority of Board to consider order when considering application for license; fine imposed by court for violation of order

§ 624.212. Cease and desist order for unlicensed activity: Issuance; service; actions that Board is authorized or required to take after issuance; petition to lift or alter order; authority of Board to consider order when considering application for license; fine imposed by court for violation of order

1. The Executive Officer, on behalf of the Board, shall issue an order to cease and

desist to any person: (a) Acting as a contractor, including, without limitation, commencing work as a contractor;

or (b) Submitting a bid on a job situated in this State, without a valid license issued pursuant to this chapter. The order must be served personally or by certified mail and is effective upon receipt. For the purposes of this section, a person shall be deemed to have a valid license

if the person has an active license and is performing work in conformity with the

requirements of subsection 4 of NRS 624.220 . 2. After confirming that the cease and desist order has been received by the person

to whom it was issued, the Board shall return to the job site or take any other action

required to confirm that the terms of the cease and desist order have been complied

with. The person to whom the cease and desist order was issued may, while in the course

of stopping work on the job, take any necessary action within 48 hours after receiving

the cease and desist order to protect the public, the project, any other contractors,

laborers and equipment on the site and to limit the loss of any perishable goods. 3. After issuing a cease and desist order, the Board shall: (a) For a first violation which does not involve theft or fraud, issue an administrative

citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710 , in addition to any reasonable investigatory fees and costs. (b) For a second or subsequent violation, or for any first violation involving theft

or fraud, take any or all of the following actions: (1) Issue an administrative citation pursuant to NRS 624.341 and impose an administrative fine against the person in accordance with NRS 624.710 , in addition to any reasonable investigatory fees and costs. (2) Report the violation of the provisions of this chapter for possible criminal prosecution

pursuant to NRS 624.700 . If the violation is prosecuted, the Board shall provide any reasonable assistance

in the prosecution. 4. After issuing a cease and desist order, in addition to the actions required by

subsection 3, the Board may: (a) Require the person to submit a bona fide application for the issuance of a license

pursuant to this chapter within a reasonable period established by the Board. (b) If the Board determines that any term of the cease and desist order has not been

complied with and no exception applies, apply for injunctive relief pursuant to the

Nevada Rules of Civil Procedure to enjoin the person to whom the cease and desist

order was issued from continuing to violate the cease and desist order in any county

in which the person may be found. If such an action is filed, irreparable injury is presumed and the likelihood of

success on the merits may be established by a showing that, on the date the cease

and desist order was issued, the person did not hold a valid license issued pursuant

to this chapter and had bid for or undertaken work for which such a license is required. 5. When assessing an administrative fine pursuant to this section, the Board may: (a) Require the person to whom the cease and desist order was issued to remedy any

loss or damage caused by the unlicensed activity for which the order was issued, including,

without limitation, the disgorgement of any amount of money collected from the owner

of the project that was not for material delivered to the job site and that has not

been damaged or altered by the person; (b) Reduce or stay any administrative fine imposed pursuant to subsection 3 pending

completion by the person of a program of training or an examination required by the

Board; or (c) Reduce or stay any administrative fine imposed pursuant to subsection 3 if the

person obtains a valid license issued pursuant to this chapter. 6. When imposing an administrative fine pursuant to this section, the Board shall

impose the maximum administrative fine established pursuant to this chapter for the

unlicensed activity if more than one of the following circumstances exist: (a) The person has previously committed the same or a similar violation as the violation

for which the administrative fine is imposed; (b) The unlicensed activity involves more than one trade or craft; (c) The unlicensed activity resulted in harm to any person or property; (d) The unlicensed activity involved an elderly person or a person with a diagnosed

physical or mental disability; or (e) The unlicensed activity was for a project having a contract value in excess of

$50,000. 7. Within 15 business days after receiving a cease and desist order, the person against

whom the order was issued may petition the Board in writing to lift or alter the order. The petition may assert: (a) As an absolute defense: (1) Licensure of the person pursuant to this chapter; (2) Any applicable exception to licensure set forth in NRS 624.031 ; or (3) Misidentification of the person. (b) As a partial defense: (1) Overbreadth of any term of the cease and desist order; (2) Vagueness or ambiguity of any term of the cease and desist order; (3) Consideration of any necessary action taken by the person to protect the public,

the project, any other contractors, laborers and any equipment on the job site and

to limit any loss of perishable goods; or (4) Any other deficiency in the terms of the cease and desist order. 8. After considering any assertion made in a petition pursuant to: (a) Paragraph (a) of subsection 7, the Board shall, if facts are established to the

satisfaction of the Board to support the absolute defense asserted in the petition,

vacate the cease and desist order or any portion thereof. (b) Paragraph (b) of subsection 7, the Board shall, if facts are established to the

satisfaction of the Board to support the partial defense asserted in the petition,

reasonably clarify any terms of the cease and desist order requested by the petitioner. 9. When considering an application for the issuance of a license pursuant to this

chapter, the Board may consider: (a) Any cease and desist order issued against the applicant; (b) Compliance by the applicant with any cease and desist order issued against him

or her; (c) Any criminal conviction of the applicant for failure to comply with any cease

and desist order; or (d) The payment by the applicant of any criminal or administrative fine and any administrative

fee or cost imposed against the applicant. 10. If the court finds that a person violated an order issued pursuant to subsection

1 without an established absolute defense set forth in paragraph (a) of subsection

7, it shall impose a fine of not less than $250 nor more than $1,000 for each violation

of the order.