Nevada Code § 706.791

Additional or estimated assessment of fees: Imposition by Department; interest; penalties; notice; presumption of correctness in certain circumstances; redeterminations
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1. If the Department is not satisfied with
the records or statements of, or with the amount of fees paid by, any person
pursuant to the provisions of NRS 706.011 to 706.861 , inclusive, it may make an
additional or estimated assessment of fees due from that person based upon any
information available to it.
2. Every additional or estimated
assessment bears interest at the rate of 1 percent per month, or fraction
thereof, from the date the fees were due until they are paid.
3. If an assessment is imposed, a penalty
of 10 percent of the amount of the assessment must be added thereto. If any
part of the deficiency is found to be caused by fraud or an intent to evade the
provisions of this chapter or the regulations adopted pursuant to this chapter,
a penalty of 25 percent of the amount of the assessment must be added thereto.
4. The Department shall give the person
written notice of the assessment. The notice may be served personally or by
mail in the manner prescribed by Rule
5 of the Nevada Rules of Civil Procedure addressed to the person at the
persons address as it appears in the records of the Department. Every notice
of assessment must be served within 36 months after the end of the registration
year for which the additional assessment is imposed.
5. If any person refuses or fails to make
available to the Department, upon request, such records, reports or other
information as determined by the Department to be necessary to enable it to
determine that the amount of taxes and fees paid by that person is correct, the
assessment made pursuant to the provisions of this section is presumed to be
correct and the burden is upon the person challenging the assessment to
establish that it is erroneous.
6. Any person against whom an assessment
has been made pursuant to the provisions of this section may petition the
Department in writing for a redetermination within 30 days after service of the
notice. If a petition is not filed with the Department within that period, the
assessment becomes final.
7. If a petition for redetermination is
filed within 30 days, the Department shall reconsider the assessment and send
the petitioner, by certified mail, notice of its decision and the reasons
therefor. A petitioner aggrieved by the Departments decision may appeal the
decision by submitting a written request to the Department for a hearing not
later than 30 days after notice of the decision was mailed by the Department.
The Department shall schedule an administrative hearing and provide the
petitioner with 10 days notice of the time and place of the hearing. The
Department may continue the hearing as may be necessary.
8. The order of the Department upon a
petition becomes final 30 days after service of notice thereof. If an
assessment is not paid on or before the date it becomes final, there must be
added thereto in addition to any other penalty provided for in this chapter a
penalty of 10 percent of the amount of the assessment.
9. Every remittance in payment of an
assessment is payable to the Department.

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