Nevada Revised Statutes 487.160 – Denial, suspension or revocation of licenses or refusal to renew: Grounds; hearings; reapplication; disclosure of financial records
1. The Department may suspend, revoke or refuse to renew a license of an automobile wrecker upon determining that the automobile wrecker:
Attorney's Note
Under the Nevada Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| gross misdemeanor | up to 364 days | up to $2,000 |
Terms Used In Nevada Revised Statutes 487.160
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Motor Vehicles. See Nevada Revised Statutes 481.015
- Director: means the Director of the Department. See Nevada Revised Statutes 481.015
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- state agency: means :
(a) Is not lawfully entitled thereto;
(b) Has made, or knowingly or negligently permitted, any illegal use of that license;
(c) Has failed to return a salvage title to the state agency when and as required of the licensee by NRS 487.710 to 487.890, inclusive; or
(d) Except as otherwise provided in NRS 487.105, has failed to surrender to the state agency certificates of title for vehicles before beginning to dismantle or wreck the vehicles.
2. The applicant or licensee may, within 30 days after receipt of the notice of refusal, suspension or revocation, petition the Department in writing for a hearing.
3. Hearings under this section and appeals therefrom must be conducted in the manner prescribed in NRS 482.353 and 482.354.
4. The Department may suspend, revoke or refuse to renew a license of an automobile wrecker, or may deny a license to an applicant therefor, for any reason determined by the Director to be in the best interest of the public, or if the licensee or applicant:
(a) Does not have or maintain an established place of business in this State.
(b) Made a material misstatement in any application.
(c) Willfully fails to comply with any applicable provision of this chapter.
(d) Fails to furnish and keep in force any bond required by NRS 487.047 to 487.200, inclusive.
(e) Fails to discharge any final judgment entered against the licensee or applicant when the judgment arises out of any misrepresentation of a vehicle, trailer or semitrailer.
(f) Fails to maintain any license or bond required by a political subdivision of this State.
(g) Has been convicted of a felony.
(h) Has been convicted of a misdemeanor or gross misdemeanor for a violation of a provision of this chapter.
(i) Fails or refuses to provide to the Department an authorization for the disclosure of financial records for the business as required pursuant to subsection 7.
(j) Knowingly submits or causes to be submitted any false, forged or otherwise fraudulent document to the Department to obtain a lien, title, salvage title or certificate of ownership, or any duplicate thereof, for a vehicle.
(k) Knowingly causes or allows a false, forged or otherwise fraudulent document to be maintained as a record of the business.
(l) Interferes with or refuses to allow an agent of the Department or any peace officer access to and, upon demand, the opportunity to examine any record held in conjunction with the operation of the wrecker.
(m) Displays evidence of unfitness for a license pursuant to NRS 487.165.
5. If an application for a license as an automobile wrecker is denied, the applicant may not submit another application for at least 6 months after the date of the denial.
6. The Department may refuse to review a subsequent application for licensing submitted by any person who violates any provision of this chapter.
7. Upon the receipt of any report or complaint alleging that an applicant or a licensee has engaged in financial misconduct or has failed to satisfy any financial obligation related to the business of dismantling, scrapping, processing or wrecking of vehicles, the Department may require the applicant or licensee to submit to the Department an authorization for the disclosure of financial records for the business as provided in NRS 239A.090. The Department may use any information obtained pursuant to such an authorization only to determine the suitability of the applicant or licensee for initial or continued licensure. Information obtained pursuant to such an authorization may be disclosed only to those employees of the Department who are authorized to issue a license to an applicant pursuant to NRS 487.047 to 487.200, inclusive, or to determine the suitability of an applicant or a licensee for such licensure.
8. For the purposes of this section, failure to adhere to the directives of the state agency advising the licensee of noncompliance with any provision of NRS 487.047 to 487.200, inclusive, or 487.710 to 487.890, inclusive, or regulations of the state agency, within 10 days after the receipt of those directives, is prima facie evidence of willful failure to comply.