90.715 - Strict interpretation of provisions; waiver of enforcement; no-action letter; fee. - Nevada Statutes

90.715  Strict interpretation of provisions; waiver of enforcement; no-action letter; fee.

      1.  Except as otherwise provided in this section, the Division shall interpret strictly the provisions of this chapter and the regulations adopted pursuant thereto and shall not waive the enforcement of any such provision.

      2.  Subject to the provisions of this section and at the sole discretion of the Administrator, the Division may:

      (a) Grant a waiver of the enforcement of any provision of this chapter or the regulations adopted pursuant thereto if the Administrator determines that the waiver is appropriate under the circumstances and is clearly within the authority of the Division to grant.

      (b) Issue a no-action letter relating to a proposed transaction. Such a letter must not be issued in any case in which the issue presented may be resolved through a careful reading of the relevant provisions of this chapter or the regulations adopted pursuant thereto or through an interpretation of those provisions by competent counsel.

      3.  A request for a waiver or no-action letter must be submitted in writing to the office of the Administrator, accompanied by a fee of $200.

      4.  Except under extraordinary circumstances, the Division shall not respond to any request:

      (a) Involving the antifraud provisions of this chapter or the regulations adopted pursuant thereto; or

      (b) Relating to a transaction that has been consummated.

      5.  Unless otherwise specified in writing by the Division, a waiver or no-action letter is limited to the specific security, case, matter or transaction at hand and has no precedential value in any other context.

      6.  As used in this section, “no-action letter” means a written communication issued by the Division by which a person is advised that a transaction carried out under a set of assumed facts will not result in a recommendation by the staff of the Division that an enforcement action be taken.

      (Added to NRS by 2003, 20th Special Session, 23, 25, 26)