Nevada Administrative Code
Chapter 381 - State Museums
Section 381.Sec. 23 - NEW

Universal Citation: NV Admin Code 381.Sec. 23

Current through February 27, 2024

1. If the Museum Director or his or her designee has evidence that is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs that a person to whom a Nevada Indian Burial Site Permit or a Nevada Antiquities Permit is issued has failed to comply with the provisions of section 17 or with NRS 381.195 to 381.227, inclusive, as applicable, the Museum Director may schedule a permit revocation hearing.

2. The Museum Director or his or her designee will provide written notice to the person described in subsection 1 pursuant to NRS 233B.121 and 241.034.

3. After providing written notice pursuant to subsection 2, the Museum Director will hold a permit revocation hearing pursuant to NRS 233B.121 to 233B.150, inclusive.

4. Unless otherwise directed by the Museum Director, upon receiving written notice pursuant to subsection 2, the person who is described in subsection 1 shall cease all work on the investigation, exploration or excavation, as applicable.

5. If, after the permit revocation hearing is held and any appeals are considered, it is determined that the person described in subsection 1 failed to comply with the provisions of section 17 or with NRS 381.195 to 381.227, inclusive, as applicable, the Museum Director:

(a) Will revoke the Nevada Indian Burial Site Permit or Nevada Antiquities Permit, as applicable.

(b) May recover from the person reasonable attorney's fees and costs that were incurred by the Museum Director or the Division as part of carrying out the provisions of this section.

6. As used in this section, "costs" means:

(a) Costs of an investigation.

(b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

(c) Fees for court reporters at any depositions or hearings.

(d) Fees for expert witnesses and other witnesses at any depositions or hearings.

(e) Fees for necessary interpreters at any depositions or hearings.

(f) Fees for service and delivery of process and subpoenas.

(g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

Added to NAC by Div. of Museums & Hist. by R061-19A, eff. 6/13/2022

NRS 381.196, 381.203

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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