Nevada Code § 482.38279

Determination that charitable organization failed to comply with certain provisions or standards; organization may request hearing; Department to issue decision; authority of Department to take certain actions regarding collection of additional fees or production of design of special license plate; notice of corrective actions; submission of information by aggrieved organization; final decision by Department
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1. If the Department determines that a
charitable organization has failed to comply with one or more of the provisions
of NRS 482.38277 or if, in a report
provided to the Department by the Legislative Auditor pursuant to NRS 482.38278 or 482.382785 , the Legislative Auditor
determines that a charitable organization has committed improper practices of
financial administration, has filed with the Department forms or records that
are inadequate or inaccurate, or has failed to use adequate methods and
procedures to ensure that all money received in the form of additional fees is
expended solely for the benefit of the intended recipient, the Department shall
notify the charitable organization of that determination.
2. A charitable organization may request
in writing a hearing, within 20 days after receiving notification pursuant to
subsection 1, to respond to the determinations of the Department or Legislative
Auditor. The hearing must be held not later than 30 days after the receipt of
the request for a hearing unless the parties, by written stipulation, agree to
extend the time.
3. The Department shall issue a decision
on whether to uphold the original determination of the Department or the
Legislative Auditor or to overturn that determination. The decision required
pursuant to this subsection must be issued:
(a) Immediately after the hearing, if a hearing
was requested; or
(b) Within 30 days after the expiration of the
20-day period within which a hearing may be requested, if a hearing was not
requested.
4. If the Department decides to uphold its
own determination that a charitable organization has failed to comply with one
or more of the provisions of NRS 482.38277 or decides to uphold the determination of the Legislative Auditor that the
organization has committed improper practices of financial administration, has
filed with the Department forms or records that are inadequate or inaccurate,
or has failed to use adequate methods and procedures to ensure that all money
received in the form of additional fees is expended solely for the benefit of
the intended recipient, the Department shall issue its decision in writing and
may:
(a) Terminate production and distribution of the
particular design of the special license plate and collection of all additional
fees collected on behalf of the charitable organization, and allow any holder
of the special license plate to continue to renew the plate without paying the
additional fee;
(b) Suspend the production and distribution of
the particular design of special license plates and collection of all
additional fees collected on behalf of the charitable organization, if the
Department is still producing that design and allow any holder of the special
license plate to renew the plate without paying the additional fee; or
(c) Suspend the distribution of all additional
fees collected on behalf of the charitable organization for a specified period
and allow the production and distribution of the special license plate and the
collection of additional fees to continue if the Department is still producing
that design, and allow holders of the special license plates to renew the plate
with the payment of the additional fees.
5. If the Department takes the action
described in paragraph (b) or (c) of subsection 4, the Department shall inform
the charitable organization in writing of the corrective actions that must be
taken and upon conclusion of the suspension determine whether the charitable
organization completed the corrective actions. If the Department determines that
the charitable organization:
(a) Completed the corrective actions, the
Department may:
(1) Terminate the suspension and forward
to the charitable organization any additional fees collected on behalf of the
charitable organization during the suspension; or
(2) Take any action described in paragraph
(c).
(b) Has not completed the corrective actions, the
Department may extend the period of the suspension, but not more than one time.
(c) Has not completed the corrective actions or
the Department does not terminate the suspension pursuant to paragraph (a), the
Department may:
(1) Terminate production and distribution
of the special license plate and collection of all additional fees on behalf of
the charitable organization, allow any holders of the special license plate to
renew the plate without paying the additional fee and distribute all fees
collected during the suspension in a manner determined by the Department; or
(2) Continue production and distribution
of the special license plate and distribute all additional fees collected,
including any fees held during the suspension, to another charitable
organization that:
(I) Submits an application to the
Department on a form prescribed and furnished by the Department;
(II) Meets all applicable requirements
of subsection 1 of NRS 482.367002 for
a charitable organization seeking to receive financial support from a special
license plate; and
(III) Provides evidence satisfactory
to the Department that the additional fees collected on behalf of the
charitable organization will be used for a purpose similar to the purpose for
which the additional fees were intended to be used by the initial charitable
organization.
6. If, in accordance with subsection 4 or
paragraph (c) of subsection 5, the Department determines to take adverse action
against a charitable organization, the Department shall notify the charitable
organization, in writing, of that fact within 30 days after making the determination
and include a description of any necessary corrective action that must be taken
by the charitable organization, if applicable. A charitable organization
aggrieved by a determination of the Department may, within 30 days after the
date on which it received notice of the determination, submit to the Department
any facts, evidence or other information that it believes is relevant to the
propriety of the Departments determination. Within 30 days after receiving all
facts, evidence and other relevant information submitted to the Department by
the aggrieved charitable organization, the Department shall render a decision,
in writing, as to whether the Department decides to uphold or not uphold its
determination to take adverse action against the charitable organization. The
decision of the Department is a final decision for the purpose of judicial
review.

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