NAC704.79543. Grounds for denial, revocation, suspension or limitation of license; notification; hearing; determination of Commission; summary suspension; reapplication for license.

     1. After notice and opportunity for hearing, the Commission may deny an application of an alternative seller for licensure, or if a license has been issued to the alternative seller, revoke, suspend or limit the license, or place the license on probationary status, if:

     (a) The alternative seller, or any officer, director or executive of the alternative seller, provides information in its application that is materially incomplete, false or misleading, or fails to update the application in a timely manner;

     (b) The alternative seller or any affiliate thereof, or any officer, director or executive of the alternative seller or affiliate, violates any applicable provision of NRS 704.993 to 704.999, inclusive, or any applicable regulation of the Commission;

     (c) The alternative seller or any affiliate thereof has engaged in any activity that is inconsistent with effective competition;

     (d) The alternative seller or any affiliate thereof, or:

          (1) Any officer, director or partner of the alternative seller or affiliate; or

          (2) If the alternative seller is a limited-liability company, any member of the alternative seller,

Ê violates any state or federal law relating to consumer protection or is convicted of a felony related to the business of the alternative seller or affiliate; or

     (e) The alternative seller possesses physical or financial resources that are or have become inadequate to ensure compliance with all of its responsibilities pursuant to NRS 704.993 to 704.999, inclusive, or any applicable regulation of the Commission, or if the services provided by the alternative seller under its license or its ability to perform the services which are the subject of its application are inadequate.

     2. In addition to any other penalties that may apply, a licensed alternative seller that violates any applicable provision of NRS 704.993 to 704.999, inclusive, or any applicable regulation of the Commission, is subject to the penalties set forth in NRS 703.380.

     3. The Commission may suspend the license of an alternative seller in accordance with NRS 233B.127 if the alternative seller fails to submit:

     (a) Any information required to be submitted pursuant to any applicable regulation of the Commission; or

     (b) Any relevant information ordered by the Commission,

Ê until such time as the alternative seller submits the required information.

     4. If the Commission finds that there is probable cause that an alternative seller has violated any provision of this chapter or chapter 703 of NAC, the Commission will:

     (a) Notify the alternative seller by certified mail and describe the evidence of the violation;

     (b) Issue a public notice for a hearing;

     (c) Hold a public hearing on the matter; and

     (d) If, based on the findings of fact and the evidence presented at the hearing, the Commission determines that a violation has occurred, issue a decision which may include the imposition of penalties.

     5. If the Commission finds that public health, safety or welfare imperatively requires that emergency action be taken, the Commission may, pursuant to subsection 3 of NRS 233B.127, order a summary suspension of the license of the alternative seller pending expedited proceedings for revocation of the license or other action to be taken against the alternative seller.

     6. An alternative seller whose license has been revoked is not precluded from filing an application for a new license and attempting to demonstrate the fitness of the alternative seller and its ability to comply with all of the applicable regulations and rules of the Commission.

     (Added to NAC by Pub. Utilities Comm’n by R103-99, eff. 12-2-99)