NAC459.135. Deliberate misconduct; enforcement action.

      1. A licensee, an employee of a licensee, a contractor or subcontractor of a licensee, or an employee of a contractor or subcontractor of a licensee, who knowingly provides to a licensee, or to a contractor or subcontractor of a licensee, any component, equipment, material or other good or service that relates to the activities of the licensee pursuant to this chapter shall not:

     (a) Engage in deliberate misconduct; or

     (b) Deliberately submit to the Division, a licensee, or a contractor or subcontractor of a licensee information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Division.

     2. A person who violates subsection 1 may be subject to an enforcement action by the Division.

     3. As used in this section:

     (a) “Contractor” includes a supplier and a consultant.

     (b) “Deliberate misconduct” means an intentional act or omission that the person knows:

          (1) Would cause or, if not detected, would have caused, a licensee to be in violation of any rule, regulation or order of the Division, or of any term, condition or limitation of a license issued by the Division; or

          (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor or subcontractor.

     (Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)