NAC598.142. Order to show cause: Form.

An order to show cause must be in substantially the following form, but may include other information:

     (Legal Caption)

     TO: (Name and Address of Respondent)

     COMES NOW (name of commissioner), Commissioner, Consumer Affairs Division, Department of Business and Industry, State of Nevada, pursuant to Nevada Revised Statutes (hereinafter “NRS”) Section 598.0971, and hereby ORDERS (name of respondent) to show cause, if any, why the Commissioner should not order (Name of Respondent) to cease and desist from engaging in the following deceptive trade practices, in violation of NRS (section or sections of NRS being violated):

(Describe all alleged violations, using one paragraph for each alleged violation.)

     IT IS FURTHER ORDERED that a copy of this Order and the affidavits in support thereof be served on (name of respondent), directly or by registered or certified mail, return receipt requested, no later than (date).

     TAKE NOTICE that the Commissioner has reasonable cause to believe, upon investigation, that (name of respondent) has been engaged or is engaging in the foregoing deceptive trade practices and that a HEARING will be held thereon at (place hearing is to be held), at (time of hearing) on (date).

     TAKE FURTHER NOTICE that if the Commissioner determines that (name of respondent) has violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, as alleged, or if (name of respondent) fails to appear for the hearing after being properly served with this Order, the Commissioner may make a written report of findings of fact concerning the violation and cause to be served a copy thereof upon (name of respondent) and any intervener at the hearing.

     TAKE FURTHER NOTICE that if the Commissioner determines in the report that any such violation has occurred, the Commissioner may order (name of respondent) to:

     1. Cease and desist from engaging in the practice or other activity constituting the violation;

     2. Pay the cost of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Commissioner free of charge, charges for providing an independent hearing officer, if any, and charges incurred for service of process, if (name of respondent) is adjudicated to have committed a violation of NRS 598.0903 to 598.0999, inclusive; and

     3. Provide restitution for any money or property improperly received or obtained as a result of the violation.

     You may be present at the hearing and may be, but need not be, represented by counsel. Pursuant to chapter 233B of NRS, you may present any relevant evidence and will be given the opportunity to cross-examine all witnesses testifying against you. At the discretion of the Commissioner, you may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by applying to the Consumer Affairs Division of the Department of Business and Industry.

     (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)