Nevada Code § 598.0971

Orders for enforcement: Authority of Commissioner, Attorney General and Director or designee; judicial review and enforcement; administrative fine; civil penalty and equitable relief
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1. If, after an investigation, the
Commissioner or Attorney General has reasonable cause to believe that any
person has been engaged or is engaging in any deceptive trade practice in
violation of NRS 598.0903 to 598.0999 , inclusive, the Commissioner or
Attorney General may issue an order directed to the person to show cause why
the Director should not order the person to cease and desist from engaging in
the practice and to pay an administrative fine. The order must contain a
statement of the charges and a notice of a hearing to be held thereon. The
order must be served upon the person directly, by certified or registered mail,
return receipt requested, or in any other manner permitted by the Nevada Rules
of Civil Procedure for the service of process in civil actions.
2. An administrative hearing on any action
brought by the Commissioner or Attorney General must be conducted before the
Director or his or her designee.
3. If, after conducting a hearing pursuant
to the provisions of subsection 2, the Director or his or her designee
determines that the person has violated any of the provisions of NRS 598.0903 to 598.0999 , inclusive, or if the person
fails to appear for the hearing after being properly served with the statement
of charges and notice of hearing, the Director or his or her designee shall
issue an order setting forth his or her findings of fact concerning the
violation and cause to be served a copy thereof upon the person and any
intervener at the hearing. If the Director or his or her designee determines in
the report that such a violation has occurred, he or she may order the violator
to:
(a) Cease and desist from engaging in the
practice or other activity constituting the violation;
(b) Pay the costs of conducting the
investigation, costs of conducting the hearing, costs of reporting services,
fees for experts and other witnesses, charges for the rental of a hearing room
if such a room is not available to the Director or his or her designee free of
charge, charges for providing an independent hearing officer, if any, and
charges incurred for any service of process, if the violator is adjudicated to
have committed a violation of NRS 598.0903 to 598.0999 , inclusive;
(c) Provide restitution for any money or property
improperly received or obtained as a result of the violation; and
(d) Impose an administrative fine of not more
than $15,000 for each violation or treble the amount of restitution ordered,
whichever is greater.
The order
must be served upon the person directly, by certified or registered mail,
return receipt requested or any other manner permitted by the Nevada Rules of
Civil Procedure for the service of process in civil actions. The order becomes
effective upon service in the manner provided in this subsection.
4. Any person whose pecuniary interests
are directly and immediately affected by an order issued pursuant to subsection
3 or who is aggrieved by the order may petition for judicial review in the
manner provided in chapter 233B of NRS. Such
a petition must be filed within 30 days after the service of the order. The
order becomes final upon the filing of the petition.
5. If a person fails to comply with any
provision of an order issued by the Director or his or her designee pursuant to
subsection 3, the Attorney General, or the Commissioner or the Director through
the Attorney General, may, at any time after 30 days after the service of the
order, cause an action to be instituted in the district court of the county
wherein the person resides or has his or her principal place of business
requesting the court to enforce the provisions of the order or to provide any
other appropriate injunctive relief.
6. If the court finds that the person has
failed to comply with an order issued by the Director or his or her designee
pursuant to subsection 3, the court shall issue an order enforcing the
provisions of the order of the Director or his or her designee.
7. An order issued pursuant to subsection
6 may include:
(a) A provision requiring the payment to the
Consumer Affairs Unit of the Department of Business and Industry of a penalty
of not more than $5,000 for each act amounting to a failure to comply with the
Directors or designees order;
(b) An order that the person cease doing business
within this State; and
(c) Such injunctive or other equitable or
extraordinary relief as is determined appropriate by the court.
8. Any aggrieved party may appeal from the
final judgment, order or decree of the court in a like manner as provided for
appeals in civil cases.
9. Upon the violation of any judgment,
order or decree issued pursuant to subsection 6 or 7, the Commissioner, after a
hearing thereon, may proceed in accordance with the provisions of NRS 598.0999 .

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