NRS 398A.440 Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs.

616 words·~3 min read·/nv/chapter-398a-revised-uniform-athlete-agents-act/398a-440·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398A.410 , that a person has violated, or is about to violate, any provision of this chapter or any regulation or order of the Secretary of State adopted or issued pursuant to this chapter, the Secretary of State, in addition to any specific power granted by this chapter may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute such a violation until he or she is in compliance with this chapter.

The summary order to cease and desist must specify the section of this chapter or the regulation or order of the Secretary of State adopted or issued pursuant to this chapter which the Secretary of State reasonably believes has been or is about to be violated.

2. If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398A.420 , that a person has violated any provision of this chapter or any regulation or order of the Secretary of State adopted or issued pursuant to this chapter, the Secretary of State, in addition to any specific power granted by this chapter, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:

(a)Issue an order against the person to cease and desist;

(b)Censure the person if he or she is a registered athlete agent;

(c)Suspend, revoke or refuse to renew the registration of the person as an athlete agent; or

(d)If it is determined that the violation was willful, issue an order against the person imposing an administrative fine of not more than $50,000.

3. If the person to whom notice is given pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives his or her right to a hearing and the Secretary of State shall issue a permanent order. If the person requests a hearing, the Secretary of State shall set the matter for hearing not less than 15 or more than 60 days after the Secretary of State receives the request for a hearing. The Secretary of State shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.

4. The imposition of the sanctions provided in this section is limited as follows:

(a)If the Secretary of State revokes the registration of an athlete agent, the imposition of that sanction precludes the imposition of an administrative fine pursuant to subsection 2; and

(b)The imposition by the Secretary of State of one or more sanctions pursuant to subsection 2 with respect to a specific violation precludes the Secretary of State from later imposing any other sanction pursuant to subsection 2 with respect to that violation.

5. For the purpose of determining any sanction to be imposed pursuant to subsection 2, the Secretary of State shall consider, among other factors, how recently the conduct occurred, the nature of the conduct and the context in which it occurred, and any other relevant conduct of the applicant.

6. If a sanction is imposed pursuant to this section, the Secretary of State may recover the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, from the person against whom the sanction is imposed.