590.605 - Disciplinary action. - Nevada Statutes

590.605  Disciplinary action.

      1.  Whenever the Board has reasonable grounds to believe that any applicant or licensee under NRS 590.465 to 590.645, inclusive, is violating any of the provisions of NRS 590.465 to 590.645, inclusive, or regulations or specifications adopted hereunder, or is violating or failing to comply with any of the health and safety laws or regulations in force in this State, or is acting or conducting operations in any other manner which the Board deems to be inimical and not to the best interests of the health, safety or welfare of the people of this State, the Board may, after a hearing, suspend or revoke any or all licenses previously issued under the provisions of NRS 590.465 to 590.645, inclusive, or take such intermediate actions, including the imposition of fines, as it deems appropriate under the circumstances. If the Board has reasonable grounds to believe that a licensee is delivering a lesser quantity of gas than the licensee bills the customer for with the intent to defraud, that fact must be reported to the State Sealer of Weights and Measures.

      2.  The Board shall cite the licensee, upon notice, stating reasons and given not less than 10 days before the date set for the hearing, to appear and show cause, if any, why the license should not be revoked or suspended or other disciplinary action should not be taken.

      3.  The Board may conduct investigations, summon and compel the attendance of witnesses, require the production of any records or documents and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with such hearings.

      4.  If, upon hearing, the Board is satisfied that the violation charged is true, or if the licensee fails to appear and show cause, the Board may revoke or suspend the license summarily or take such intermediate action, including the imposition of a fine, as it deems appropriate. In addition to any penalties imposed pursuant to this subsection, the licensee shall pay to the Board any costs incurred by the Board in conducting the investigation and hearing, including:

      (a) Costs to employ an attorney or other consultant; and

      (b) Per diem allowances and travel expenses.

Ê Money received by the Board from the imposition of fines must be paid to the State Treasurer for credit to the State General Fund. The Board may retain the money paid to reimburse it for the costs of conducting an investigation and hearing.

      5.  The findings of the Board pursuant to this section, the judgment and the order must be reduced to writing and filed in the permanent public records of the Board. Copies must be furnished to the licensee and the complaining customer, if any. A licensee is entitled to judicial review of the order in the manner provided by chapter 233B of NRS. Enforcement of the Board’s order must be stayed until judicial review is completed.

      6.  In any case where the Board refuses to issue a license, or suspends or revokes a license, the applicant or accused may submit another application for the consideration of the Board.

      (Added to NRS by 1957, 481; A 1977, 80; 1989, 1656, 1840; 1989, 1656, 1840; 1993, 445)