NAC527.420. Notice of noncompliance: Cause for issuance; requirement to cease certain activity; withdrawal of notice.

     1. The Division may issue a notice of noncompliance that requires a permittee to cease part or all of the activity authorized by a permit issued by the Division if the Division reasonably believes that:

     (a) The permittee has failed to submit timely, accurate or valid reports required by the Division;

     (b) The permittee has failed to pay any required fees, costs associated with an agreement for the administration of a management area, or assessed costs or penalties, whether or not such costs or penalties have been reduced to judgment;

     (c) The permittee has failed to comply with any term or condition of the permit, or an agreement for administration of a management area, if any;

     (d) The permittee is not in compliance with any applicable law, regulation or professional standard governing the conduct or activities authorized by the permit;

     (e) The permittee has engaged in any activity that would disqualify the permittee from obtaining the permit; or

     (f) The permittee no longer has the qualifications required to hold the permit.

     2. The Division, in determining whether to issue a notice of noncompliance to cease activity authorized by the permit, may consider any information that is relevant to the issue, including, without limitation:

     (a) Any prior conviction, report or finding of a professional licensing board or other governmental agency;

     (b) The assessment of a civil penalty for any violation of any federal, state or local law or regulation governing the activity authorized by the permit; or

     (c) Any prior revocation or suspension of a permit, notice of noncompliance, or any reports of federal, state or local officials.

     3. The Division may make an independent inquiry or investigation to verify information or substantiate qualifications provided by a permittee. The Division, in its sole discretion, may consult with the Nevada Natural Heritage Program.

     4. The Division may, in its sole discretion, issue a notice of noncompliance without requiring the permittee to cease all activities authorized by a permit if certain activities are in full compliance with the permit. A notice of noncompliance issued pursuant to this subsection must specify the noncompliant activity that must be ceased and the activities authorized by the permit that may be continued. The Division may impose additional terms and conditions on the activities that may be continued by a permittee who receives a notice of noncompliance pursuant to this subsection.

     5. The Division may, in its sole discretion, withdraw a notice of noncompliance if the permittee demonstrates that he or she has remedied the deficiency, or if the permittee agrees to a corrective plan of action that is approved by the Division.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)