NAC445B.463. Test station: Grounds for denial, revocation or suspension of license; reapplication; permanent revocation of license.

     1. Each of the following acts, omissions and conditions may constitute a ground for the denial of an application for a license to operate a test station or for the revocation or suspension of such a license:

     (a) Failure of the applicant or licensee to have an established place of business in this State.

     (b) Material misstatement on the application.

     (c) Unfitness of the applicant or licensee, which includes, without limitation, a pattern of payment to the Department with checks that are returned because of insufficient funds.

     (d) The conviction of the applicant or licensee of a felony in this or any other state, any territory of the United States or in any other nation.

     (e) The conviction of the applicant or licensee for violating any provision of NAC 445B.400 to 445B.735, inclusive.

     (f) The conviction of the applicant or licensee for violating any provisions of chapter 598 of NRS relating to deceptive trade practices.

     (g) Refusing to allow an agent of the Department to inspect, during normal business hours, all books, records and files of the test station which are kept within this State. The Department will treat the financial records and information obtained from an investigation as confidential and will reveal such records or information only to persons involved in the enforcement or administration of the regulations of the Department, or as otherwise required by law.

     (h) Commission of any fraudulent act, including, without limitation:

          (1) Misrepresentation of a material fact in any manner, whether intentional or grossly negligent; and

          (2) An intentional failure to disclose a material fact.

     (i) Willful failure to comply with any regulation of the Department.

     2. In addition to the acts, omissions and conditions set forth in subsection 1, any attempt to alter the readings obtained during a test of exhaust emissions or to modify or remove the data obtained by an exhaust gas analyzer or a certified on-board diagnostic system may constitute a ground for the revocation or suspension of a license to operate a test station.

     3. An applicant or licensee may not reapply for a license after its denial, revocation or suspension by the Department:

     (a) Until he or she has taken an action which removes the ground for the denial, revocation or suspension; or

     (b) Within 1 year after the denial, revocation or suspension,

Ê whichever occurs first.

     4. When the Department determines that a licensee has engaged in conduct which is egregious or poses a serious risk to the public safety, the Department may, in its discretion, permanently revoke the license of that licensee.

     [Dep’t of Motor Veh., Engine Emission Control Reg. § 4.9.1, eff. 1-10-78; A 12-20-79; §§ 4.9.1.1 & 4.9.1.2, eff. 1-10-78; § 4.9.1.3, eff. 1-10-78; A 12-20-79; § 4.9.1.4, eff. 1-10-78; A and renumbered as § 4.9.1.5, 12-20-79; § 4.9.1.4, eff. 12-20-79; § 4.9.1.5, eff. 1-10-78; renumbered as § 4.9.1.6, 12-20-79; §§ 4.9.1.6 & 4.9.1.7, eff. 1-10-78; § 4.9.1.8, eff. 1-10-78; renumbered as § 4.9.1.9, 12-20-79; §§ 4.9.1.10-4.9.1.13, eff. 12-20-79; § 4.9.3, eff. 1-10-78; A 12-20-79; § 5.7, eff. 6-19-80]—(NAC A by Environmental Comm’n & Dep’t of Motor Veh., 10-1-83; 11-19-85, eff. 1-1-86; A by Dep’t of Motor Veh. & Pub. Safety, 12-28-89; 8-19-94; 9-13-95; A by Environmental Comm’n by R205-97, 3-5-98; A by Dep’t of Motor Veh. & Pub. Safety by R079-98, 9-25-98; A by Dep’t of Motor Veh. by R178-01, 8-21-2002)