Nevada Revised Statutes 628B.930 – Unlicensed activity: Complaint; investigation; order to cease and desist; administrative fine or written agreement to cease and desist; lawsuit to recover fine; cumulative penalty
1. The Commissioner shall conduct an investigation if he or she receives a verified complaint that a person who does not meet the requirements set forth in NRS 159.0595 is engaging in any activity relating to service as a private professional guardian.
Terms Used In Nevada Revised Statutes 628B.930
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
2. If the Commissioner determines that a person who does not meet the requirements set forth in NRS 159.0595 is engaged in any activity relating to service as a private professional guardian, the Commissioner shall:
(a) Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person meets the requirements set forth in NRS 159.0595; and
(b) Send a copy of the order to each district court in this State.
3. If a person upon whom an order to cease and desist is served pursuant to subsection 2 does not comply with the order within 30 days after the service of the order, the Commissioner shall, after providing to the person notice and an opportunity for a hearing:
(a) Impose upon the person an administrative fine of $10,000; or
(b) Enter into a written agreement with the person pursuant to which the person agrees to cease and desist from engaging in any activity in this State relating to service as a private professional guardian and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.
4. The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine if:
(a) No petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after notice of the imposition of the fine; or
(b) A petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after the exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.
5. A person’s liability for an administrative fine is in addition to any other penalty provided for in this chapter.