NAC426.224. Failure to make timely payment or report: Assessment, notice, payment and waiver of penalty; termination of operating agreement.

     1. Except as otherwise provided in subsection 5, if a payment or report required by NAC 426.010 to 426.500, inclusive, is not received by the Bureau on the date it is due, the Bureau will assess a penalty of $50 or 15 percent of the amount due, whichever is greater. The Bureau will determine whether a payment or report is received by the Bureau on the date that it is due in accordance with NRS 238.100.

     2. The Bureau will mail to the last known address of the operator or trainee by certified mail, return receipt requested, or personally deliver to the operator or trainee, notice that a penalty has been assessed.

     3. A penalty must be paid not more than 30 days after the operator or trainee receives notice of the penalty. Except as otherwise provided in subsection 5, if a penalty is not paid, the Bureau will assess an additional penalty of $50 or 15 percent of the amount due, whichever is less, excluding the amount due for the first penalty.

     4. If, in a 1-year period, three reports, payments or penalties are not submitted to the Bureau when they are due, the Bureau may terminate the operating agreement between the Bureau and the operator without prior notice to the operator.

     5. The Administrator or his or her designee may waive the assessment of a penalty pursuant to this section if the operator or trainee submits a request for a waiver which includes the reasons for the late payment, report or penalty.

     (Added to NAC by Bur. of Services to the Blind, eff. 3-15-84; A by Bur. of Services to the Blind & Vis. Impaired, 8-28-97; R091-00, 9-25-2000; R228-05, 5-4-2006)