445A.707 - Director to conduct independent investigation before determining whether to take certain corrective actions; exception.

445A.707  Director to conduct independent investigation before determining whether to take certain corrective actions; exception.

      1.  Except as otherwise provided in subsection 2, before determining whether to issue an order, commence a civil action, seek injunctive relief or request that the Attorney General institute a criminal prosecution pursuant to NRS 445A.675, 445A.680, 445A.690 or 445A.695, the Director shall, if possible, conduct an independent investigation of the alleged act or practice for which the Director is making the determination.

      2.  The Director is not required to conduct an independent investigation pursuant to subsection 1 if:

      (a) The Director’s determination to take any action specified in that subsection is based on information that is provided to the Director by the holder of a permit issued pursuant to NRS 445A.300 to 445A.730, inclusive; or

      (b) The alleged act or practice:

             (1) Occurs on land that is managed or controlled by the United States Department of Defense or Department of Energy; or

             (2) Creates an imminent and substantial danger to the public health or the environment.

      (Added to NRS by 2001, 956)