NRS 637.182 Administrative citation: Issuance; order to pay administrative fine, reimburse investigation costs or correct condition; separate sanction; execution of order for failure to pay fine.

422 words·~2 min read·/nv/chapter-637-dispensing-opticians/637-182·

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1. If the Board or its designee has reason to believe, based upon a preponderance of evidence, that a person has violated any provision of this chapter or any regulation of the Board, the Board may issue, or authorize its designee to issue, a written administrative citation to the person. A citation issued pursuant to this section may include, without limitation, an order to:

(a)Pay an administrative fine for each violation;

(b)Reimburse the Board for the amount of the expenses the Board incurred to investigate each violation, not to exceed $150; and

(c)Correct, at the cost of the person, a condition resulting from the violation. The order to correct the condition must:

(1)State the date by which the person must comply, which must be not less than 15 days after the date on which the person receives the citation. The Board may, for good cause, extend the date for compliance with the order.

(2)Describe in detail the actions that must be taken.

2. If a citation is issued to the holder of a license pursuant to this section and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine must not exceed the maximum amount authorized by subsection 2 of NRS 637.150 for each violation.

3. Except as otherwise provided in NRS 637.181 , if a citation is issued pursuant to this section to a person who is not licensed by the Board and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine:

(a)For the first violation, must not be less than $100 or more than $1,000;

(b)For the second violation, must not be less than $250 or more than $5,000; and

(c)For the third violation and for each subsequent violation, must not be less than $500 and not more than $10,000.

4. Any sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

5. If a person does not pay an administrative fine imposed pursuant to this section or make satisfactory payment arrangements with the Board not later than 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.