576.120 - Grounds for refusing to grant or renew or for suspension or revocation of license or registration; notice and hearing.
576.120 Grounds for refusing to grant or renew or for suspension or revocation of license or registration; notice and hearing.
1. The Department may refuse to grant or renew a license or registration as provided in subsection 4 of NRS 576.140 or may suspend or revoke a license or registration as provided in subsection 4 of NRS 576.140 if, after notice and a hearing, the Department is satisfied of the existence of any of the following facts, the existence of which is hereby declared to be a violation of this chapter:
(a) That the applicant or licensee has intentionally made any false or misleading statement concerning the conditions of the market for any farm products.
(b) That the applicant or licensee has made fictitious sales or has been guilty of collusion to defraud the producer.
(c) That the licensee was intentionally guilty of fraud or deception in the procurement of the license.
(d) That the applicant or licensee has in the handling of any farm products been guilty of fraud, deceit or willful negligence.
(e) That the licensee, without reasonable cause, has failed or refused to execute or carry out a lawful contract with a producer.
(f) That the licensee, without reasonable cause, has issued checks for the payment of farm products received without sufficient money to cover them or has stopped payment on a check given in payment for farm products received.
(g) That the licensee, without reasonable cause, has failed to account or make payment for farm products as required by this chapter.
(h) That the licensee has knowingly employed an agent without causing the agent to comply with the licensing requirements of this chapter applicable to agents.
(i) That the licensee has failed or refused to maintain and file records as required by this chapter.
(j) That the licensee has failed or refused to maintain a bond or other security as required by the provisions of NRS 576.040.
2. The Department may suspend, pending inquiry, for not longer than 30 days, and after hearing or investigation may refuse to grant, renew or revoke any license as the case may require, if it is satisfied that the licensee has become bankrupt or insolvent, and is thereby unable to pay producer-creditors of the licensee, or producers with whom the licensee has executory or executed contracts for the purchase of farm products, or for the handling of farm products on consignment.
3. A license is suspended automatically, without action of the Department, if the bond filed pursuant to subsection 1 of NRS 576.040 is cancelled, and remains suspended until the bond is renewed.
4. In the case of any hearing held under the provisions of this section, there must be filed in the office of the Department a memorandum stating briefly the reasons of the Department for the denial, suspension or revocation of the license, but formal findings of fact need not be made or filed.
(Added to NRS by 1959, 559; A 1961, 560; 1963, 391; 1965, 392; 1967, 1199; 1971, 336; 1993, 438, 1769; 1995, 514; 1999, 3709)