581.417 - Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in State General Fund. - Nevada Statutes

581.417  Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in State General Fund.

      1.  A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Weights and Measures or a designee shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Weights and Measures or the designee is subject to appropriate judicial review.

      2.  If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

      (a) If no petition for judicial review is filed pursuant to NRS 233B.130, within 40 days after the final decision of the State Sealer of Weights and Measures; or

      (b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the civil penalty is upheld, within 10 days after the effective date of the final decision of the court.

      3.  If the respondent fails to pay the penalty, a civil action may be brought by the State Sealer of Weights and Measures in any court of competent jurisdiction to recover the civil penalty. All civil penalties collected pursuant to this chapter must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 2003, 2318)