NAC459.989. Disciplinary action: Grounds; imposition of sanctions.

In addition to the provisions set forth in NRS 459.7058, the Division may deny, refuse to renew or suspend a uniform permit if, in connection with the transportation of hazardous materials, the applicant or holder:

     1. Violates any out-of-service regulation of the United States Department of Transportation, compliance with which is his or her responsibility;

     2. Violates any provision of NRS 459.700 to 459.780, inclusive, or NAC 459.975 to 459.991, inclusive;

     3. Knowingly provides false or misleading information in his or her application for a uniform permit;

     4. Knowingly uses a forged uniform permit or a uniform permit which has been altered;

     5. Except as otherwise provided by NAC 459.980, allows the uniform permit to be used by a person who is not his or her agent or employee;

     6. Is found to be an unsatisfactory carrier as the result of a safety review or safety management audit conducted by the United States Department of Transportation, Federal Motor Carrier Safety Administration or by the Department of Public Safety;

     7. Fails to submit a renewal application and the appropriate fees as required by NAC 459.9805;

     8. Fails to comply with any applicable requirement of or any order issued pursuant to:

     (a) The Federal Motor Carrier Safety Regulations of the United States Department of Transportation;

     (b) The Hazardous Materials Regulations set forth in 49 C.F.R. Parts 171 to 180, inclusive; or

     (c) Any statute or regulation of this State governing the transportation of hazardous materials, in a manner showing that the motor carrier is not fit to transport hazardous materials; or

     9. Loses its right to operate or has its registration suspended in accordance with 49 C.F.R. § 386.83 or 386.84 for failure to pay a civil penalty or abide by a payment plan.

Ê In any case it deems appropriate, the Division may impose a sanction greater than that otherwise prescribed by this section.

     (Added to NAC by Dep’t of Motor Veh. & Pub. Safety, 9-30-88, eff. 1-1-89; A 11-16-89, eff. 1-1-90; 9-13-94, eff. 6-30-95; 1-4-96; A by Dep’t of Pub. Safety by R168-03, 12-16-2003; R203-05, 2-23-2006)