NAC676A.210. Order to cease and desist issued by Commissioner; contested hearing.

     1. An order issued by the Commissioner pursuant to NRS 676A.740 to cease and desist from engaging in an activity in violation of the provisions of this chapter or chapter 676A of NRS must:

     (a) Be in writing;

     (b) State that:

          (1) In the opinion of the Commissioner, the person ordered to cease and desist has engaged in an activity:

               (I) For which the person is not registered as required by chapter 676A of NRS; or

               (II) In a manner that violates the provisions of this chapter or chapter 676A of NRS; and

          (2) The person who receives the order has 30 days from the date of the order to file a verified petition with the Division for a contested hearing; and

     (c) Be delivered by certified mail to the person ordered to cease and desist. For the purposes of this paragraph, proof of an attempt to deliver the order by certified mail to the last known address of the person is sufficient to establish that service was complete.

     2. A record of the alleged acts which constitute grounds for issuing an order to cease and desist must be retained by the Division.

     3. A person who receives an order to cease and desist pursuant to this section shall not engage in any activity governed by chapter 676A of NRS after the person receives the order unless the order is suspended or rescinded.

     4. Not later than 30 calendar days after receiving an order pursuant to this section, the person who receives the order may file a verified petition with the Division to request a contested hearing. If a petition for a contested hearing is received by the Division within the prescribed time, the Commissioner or the Commissioner’s designee will hold a contested hearing. The order to cease and desist shall be deemed final if the Division does not receive a verified petition for a contested hearing within the prescribed time.

     5. An order to cease and desist may be amended or rescinded at any time before or during a contested hearing.

     6. Subject to the discretion of the Commissioner or the Commissioner’s designee, a contested hearing may be continued if:

     (a) An amendment to an order materially alters the facts or legal issues relating to the order; or

     (b) A person who receives an amendment to an order demonstrates an inability to prepare for the hearing as a result of the amendment.

     7. The decision of the Commissioner or the Commissioner’s designee after the hearing is a final decision of the Division for the purposes of judicial review.

     (Added to NAC by Comm’r of Financial Institutions by R050-10, eff. 10-15-2010)