NAC652.550. Violations: Monetary penalties.

     1. In determining the amount of a monetary penalty, the Division:

     (a) For a first violation with a severity level of four, shall impose a monetary penalty of $1,000 per violation.

     (b) For a first violation with a severity level of three, shall impose a monetary penalty of $800 per violation.

     (c) For a first violation with a severity level of two, may impose a monetary penalty of $100 per violation. The Division may suspend this penalty if the laboratory corrects the violations within the time specified in the plan of correction submitted to the Division pursuant to NAC 652.320.

     (d) For a second violation with a severity level of four discovered during any subsequent inspection, shall impose a monetary penalty of $5,000 per violation.

     (e) For a second violation with a severity level of three discovered during any subsequent inspection, shall impose a monetary penalty of $1,600 per violation.

     (f) For a second violation with a severity level of two discovered during any subsequent inspection, may impose a monetary penalty of $200 regardless of whether a penalty was imposed for the first violation.

     (g) For a third or subsequent violation with a severity level of four discovered during any subsequent inspection, shall impose a monetary penalty of $10,000 per violation.

     (h) For a third or subsequent violation with a severity level of three discovered during any subsequent inspection, shall impose a monetary penalty of $3,200 per violation.

     (i) For a third or subsequent violation with a severity level of two discovered during any subsequent inspection, may impose a monetary penalty of $400 per violation regardless of whether a first or second monetary penalty was imposed.

     2. The Division shall not impose a monetary penalty for a violation with a severity level of one.

     3. If the same violation that was discovered during the initial inspection is found during a subsequent inspection conducted to evaluate compliance with a plan of correction submitted to the Division pursuant to subsection 3 of NAC 652.320, there is a rebuttable presumption that the violation continued through the period between the inspection and the subsequent inspection. The Division may impose an additional monetary penalty for such a violation only if the subsequent inspection is made and the violation is found to be present after the laboratory has been notified of the violation and given an opportunity to correct the violation.

     4. A laboratory may, upon approval by the Division, use a monetary penalty that would otherwise be imposed by the Division to correct the violation and to put measures in place to prevent the violation from reoccurring. In such a case, the laboratory must provide proof to the Division that the money was used to correct the violation. If the amount of the monetary penalty is greater than the cost to correct the violation, the laboratory must pay to the Division the portion of the monetary penalty that was not used to correct the violation.

     (Added to NAC by Bd. of Health by R104-13, eff. 3-28-2014)