455.170 - Civil penalty: Action for enforcement; amount; reimbursement for cost of prosecution; judicial review.
455.170 Civil penalty: Action for enforcement; amount; reimbursement for cost of prosecution; judicial review.
1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, the governmental agency that issued the permit to conduct an excavation or demolition, an operator or a person conducting an excavation or demolition.
2. Any person who willfully or repeatedly violates a provision of NRS 455.080 to 455.180, inclusive, is liable for a civil penalty:
(a) Not to exceed $1,000 per day for each violation; and
(b) Not to exceed $100,000 for any related series of violations within a calendar year.
3. Any person who negligently violates any such provision is liable for a civil penalty:
(a) Not to exceed $200 per day for each violation; and
(b) Not to exceed $1,000 for any related series of violations within a calendar year.
4. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, the Regulatory Operations Staff of the Public Utilities Commission of Nevada, a district attorney, a city attorney, the agency that issued the permit to excavate or the operator or the person responsible for the excavation or demolition.
5. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:
(a) The gravity of the violation;
(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.080 to 455.180, inclusive, before and after notification of a violation; and
(c) Any history of previous violations of those provisions by the person charged with the violation.
6. A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter.
7. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.
(Added to NRS by 1991, 1144; A 1997, 2000; 2005, 907; 2007, 675; 2009, 1170)
NRS 455.180 Civil remedies preserved; additional civil remedy not created. The provisions of NRS 455.080 to 455.170, inclusive, do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage.
(Added to NRS by 1991, 1145; A 2009, 1171)