NRS 581.417 Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit and use of money.

289 words·~1 min read·/nv/chapter-581-weights-and-measures/581-417

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

1. A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Measurement Standards or a designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Measurement Standards or the designee is subject to appropriate judicial review.

2. If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

(a)If no petition for judicial review is filed pursuant to NRS 233B.130 , within 40 days after the final decision of the State Sealer of Measurement Standards or designee; or

(b)If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

3. If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of Measurement Standards in any court of competent jurisdiction to recover the civil penalty.

4. Any money collected from the recovery of a civil penalty pursuant to subsection 3 must be accounted for separately and:

(a)Fifty percent of the money must be used to fund a program selected by the Director of the State Department of Agriculture that provides loans to persons who are engaged in agriculture and who are 21 years of age or younger; and

(b)The remaining 50 percent of the money must be deposited in the Account for the Control of Weeds established by NRS 555.035 .