Nevada § 624.300 - Disciplinary actions against licensee; private reprimands prohibited; orders imposing discipline deemed public records; deposit of fines in Construction Education Account

§ 624.300. Disciplinary actions against licensee; private reprimands prohibited; orders imposing discipline deemed public records; deposit of fines in Construction Education Account

1. Except as otherwise provided in subsections 3 and 5, the Board may: (a) Suspend or revoke licenses already issued; (b) Refuse renewals of licenses; (c) Impose limits on the field, scope and monetary limit of the license; (d) Impose an administrative fine of not more than $10,000; (e) Order a licensee to repay to the account established pursuant to NRS 624.470 , any amount paid out of the account pursuant to NRS 624.510 as a result of an act or omission of that licensee; (f) Order the licensee to take action to correct a condition resulting from an act

which constitutes a cause for disciplinary action, at the licensee's cost, that may

consist of requiring the licensee to: (1) Perform the corrective work himself or herself; (2) Hire and pay another licensee to perform the corrective work; or (3) Pay to the owner of the construction project a specified sum to correct the condition;

or (g) Issue a public reprimand or take other less severe disciplinary action, including,

without limitation, increasing the amount of the surety bond or cash deposit of the

licensee, if the licensee commits any act which constitutes a cause for disciplinary action. 2. If the Board suspends or revokes the license of a contractor for failure to establish

financial responsibility, the Board may, in addition to any other conditions for reinstating

or renewing the license, require that each contract undertaken by the licensee for

a period to be designated by the Board, not to exceed 12 months, be separately covered

by a bond or bonds approved by the Board and conditioned upon the performance of and

the payment of labor and materials required by the contract. 3. If a licensee violates: (a) The provisions of NRS 624.3014, subsection 2 or 3 of NRS 624.3015, subsection 1 of NRS 624.302 or subsection 1 of NRS 624.305 , the Board may impose for each violation an administrative fine in an amount that

is not more than $50,000. (b) The provisions of subsection 4 of NRS 624.3015 : (1) For a first offense, the Board shall impose an administrative fine of not less

than $1,000 and not more than $50,000, and may suspend the license of the licensee

for 6 months; (2) For a second offense, the Board shall impose an administrative fine of not less

than $5,000 and not more than $50,000, and may suspend the license of the licensee

for 1 year; and (3) For a third or subsequent offense, the Board shall impose an administrative fine

of not less than $10,000 and not more than $50,000, and may revoke the license of

the licensee. (c) The provisions of subsection 7 of NRS 624.302 , the Board shall, in addition to any other disciplinary action taken pursuant to

this section, impose an administrative fine of $1,000. 4. The Board shall, by regulation, establish standards for use by the Board in determining

the amount of an administrative fine imposed pursuant to subsection 3. The standards

must include, without limitation, provisions requiring the Board to consider: (a) The gravity of the violation; (b) The good faith of the licensee; and (c) Any history of previous violations of the provisions of this chapter committed

by the licensee. 5. If a licensee is prohibited from being awarded a contract for a public work pursuant

to NRS 338.017 , the Board may suspend the license of the licensee for the period of the prohibition. 6. If a licensee commits a fraudulent act which is a cause for disciplinary action

under NRS 624.3016 , the correction of any condition resulting from the act does not preclude the Board

from taking disciplinary action. 7. If the Board finds that a licensee has engaged in repeated acts that would be cause

for disciplinary action, the correction of any resulting conditions does not preclude

the Board from taking disciplinary action pursuant to this section. 8. The expiration of a license by operation of law or by order or decision of the

Board or a court, or the voluntary surrender of a license by a licensee, does not

deprive the Board of jurisdiction to proceed with any investigation of, or action

or disciplinary proceeding against, the licensee or to render a decision suspending

or revoking the license. 9. The Board shall not issue a private reprimand to a licensee. 10. An order that imposes discipline and the findings of fact and conclusions of law

supporting that order are public records. 11. An administrative fine imposed pursuant to this section or NRS 624.341 or 624.710 plus interest at a rate that is equal to the prime rate at the largest bank in this

State, as determined by the Commissioner of Financial Institutions on January 1 or

July 1, as appropriate, immediately preceding the date of the order imposing the administrative

fine, plus 4 percent, must be paid to the Board before the issuance or renewal of

a license to engage in the business of contracting in this State. The interest must be collected from the date of the order until the date the administrative

fine is paid. 12. All fines and interest collected pursuant to this section must be deposited with

the State Treasurer for credit to the Construction Education Account created pursuant

to NRS 624.580 .