Nevada Administrative Code
Chapter 459 - Hazardous Materials
PENALTIES
Section 459.949 - Administrative fine for failure to comply with regulation or statute governing hazardous materials; procedure for imposition of fine; recovery of actual damages; reduction of fine

1. If an inspection, evaluation or investigation reveals that a person is in violation of NAC 459.010 to 459.950, inclusive, and sections 5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation, or any provision of chapter 459 of NRS, the Division may issue a notice of violation.

2. Except as otherwise provided in subsection 4, the Division may impose an administrative fine as provided in subsection 3 after sending the notice of violation to the violator by certified mail or personal service. The notice of violation must include a reference to the section of the statute, regulation, order or condition of a license violated, a concise statement of the facts alleged to constitute the violation, a statement of the amount of the administrative fine to be imposed and a statement of the violator's right to a hearing. The violator has 10 business days after receipt of the notice within which to deliver to the Division a written request for a hearing. After the hearing, if requested, and upon a finding that a violation has occurred, the Administrator of the Division may issue a final order and assess the amount of the fine. If no hearing is requested, the notice becomes a final order upon the expiration of the 10-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to levy an administrative fine is in addition to all other provisions for enforcement of NRS 459.010 to 459.290, inclusive, or NAC 459.010 to 459.950, inclusive, and sections 5 to 12, inclusive, and sections 5 to 12, inclusive, of this regulation, and the payment of the administrative fine does not affect the availability of any other provision for enforcement in connection with the violation for which the penalty is levied.

3. The Division may, after providing a notice of violation as described in subsection 2, impose an administrative fine:

4. Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, the Division may not impose an administrative fine against a licensee or registrant pursuant to this section unless prior to the institution of proceedings pursuant to this section:

5. The Division may recover actual damages which result from a violation, in addition to the administrative fine provided in this section. The damages may include, without limitation, expenses incurred by the Division in removing, correcting or terminating any adverse effects which resulted from the violation and compensation for any damages incurred as a result of the violation.

6. The Division may reduce the administrative fine if there is evidence that the person has initiated, in good faith, comprehensive corrective measures or training relating to radiation safety and preparedness, over and above that required as a response to the violation, valued at least 1.5 times the amount of the administrative fine imposed.