NAC671.085. Administrative fines and orders to cease and desist.

     1. If a person engages in an activity in violation of the provisions of this chapter or chapter 671 of NRS, the Commissioner may issue an order to the person imposing an administrative fine pursuant to NRS 671.185 and directing the person to cease and desist from engaging in the activity.

     2. An order issued pursuant to subsection 1 must:

     (a) Be in writing.

     (b) Be served by certified mail on the person to whom the order is directed. For the purposes of this paragraph, proof of attempted service by certified mail to the last known address of the person is sufficient to establish that service was complete.

     (c) State that the person has 30 days after the date of the order to request an administrative hearing and that the order shall be deemed final if the Division does not receive a verified petition for a hearing within the prescribed time.

     (d) State that, in the opinion of the Commissioner, the person has engaged in an activity:

          (1) For which the person has not received a license as required by chapter 671 of NRS; or

          (2) In a manner that violates the provisions of this chapter or chapter 671 of NRS.

     3. A person who is served with an order to cease and desist pursuant to this section shall not engage in any activity prohibited by the order after the person is served with the order unless the order is suspended or rescinded.

     4. If a verified petition for a hearing is received by the Division within the prescribed time, the Commissioner or the designee of the Commissioner shall hold a contested hearing.

     5. An order to cease and desist may be amended or rescinded at any time before or during the contested hearing. Subject to the discretion of the Commissioner or the designee of the Commissioner, the hearing may be continued if an amendment to the order materially alters the facts or legal issues relating to the order or the respondent demonstrates an inability to prepare for the hearing as a result of the amendment.

     6. The decision of the Commissioner or the designee of the Commissioner is final for the purposes of judicial review.

     (Added to NAC by Comm’r of Financial Institutions by R137-08, eff. 10-15-2010)