NAC590.687. Disciplinary proceedings: Final order or decision of Board.

     1. After an evidentiary hearing on the merits in a disciplinary proceeding, if the Board finds that the licensee is:

     (a) Not guilty as charged in the formal complaint, the Board will issue a final order or decision dismissing the charges and notify the licensee and the complainant that the charges have been dismissed.

     (b) Guilty as charged in the formal complaint, the Board will:

          (1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

               (I) The danger to the health or safety of the public created by the violation;

               (II) The economic benefit received by the licensee from the violation;

               (III) Any mitigation or aggravation by the licensee of the effects of the violation;

               (IV) The extent to which the licensee demonstrates his or her good faith;

               (V) Any previous history of violations by the licensee;

               (VI) Whether the licensee knew or, as a competent person, should have known that the action complained of was a violation of a statute, a regulation or a condition of his or her license;

               (VII) Whether the licensee has initiated remedial measures to prevent similar violations;

               (VIII) The magnitude of penalties imposed on other licensees for similar violations;

               (IX) The proportionality of the penalty in relation to the misconduct; and

               (X) If the licensee offered evidence of mitigating factors, all such evidence;

          (2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive, require the licensee to:

               (I) Fulfill certain training or educational requirements; and

               (II) Pay all costs incurred by the Board relating to the disciplinary proceedings; and

          (3) Issue and serve the final order or decision of the Board on the licensee.

     2. A final order or decision by the Board that is adverse to the licensee must:

     (a) Be in writing;

     (b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

     (c) Specifically set forth the punishment imposed on the licensee.

     3. A final order or decision of the Board in a disciplinary proceeding is effective on the earliest of:

     (a) The date on which the final order or decision is personally served on the licensee;

     (b) The date on which the final order or decision is posted at the premises of the licensee; or

     (c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)