NAC486A.220. Violations: Severity; imposition and amount of fine.

     1. Except as otherwise provided in subsection 3, any violation of the provisions of chapter 486A of NRS or this chapter is a major violation. The Commission may impose a fine of up to $5,000 for each violation.

     2. In determining the amount of a penalty to be imposed for a major violation, the Commission will consider:

     (a) The size of the fleet;

     (b) The economic impact of the penalty on the fleet;

     (c) The violator’s good faith efforts to comply;

     (d) The duration of the violation as established by any credible evidence;

     (e) The prior record of violations by the operator of the fleet;

     (f) The economic benefits of noncompliance; and

     (g) The seriousness of the violation.

     3. Except as otherwise provided in subsection 4, the following offenses are minor violations:

     (a) Failure to operate a vehicle, other than a clean vehicle or hybrid electric vehicle, on an alternative fuel without justification;

     (b) Failure to file a report in a timely manner as required by NAC 486A.180; or

     (c) Failure to file a report required by the Director pursuant to NAC 486A.190.

     4. All minor violations become major violations upon the fourth occurrence of the same offense by the fleet within a period of 60 consecutive months.

     5. The Department will assess fines for minor violations consistent with the following schedule:

	First Offense		Second Offense	Third Offense
Failure to operate a vehicle, other than a clean vehicle or hybrid electric vehicle, on an alternative fuel without justification...........		$250	$500	$750
Failure to file a report in a timely manner as required by NAC 486A.180........................		$250	$500	$750
Failure to file a report required by the Director pursuant to NAC 486A.190........................		$250	$500	$750

     (Added to NAC by Environmental Comm’n, eff. 11-23-92; A 10-29-97; R022-10, 7-22-2010)