645F.410 - Foreclosure consultants: Administrative penalties; disposition of money collected as administrative penalties; appointment of hearing officers or panels by Commissioner; claims for attorney
645F.410 Foreclosure consultants: Administrative penalties; disposition of money collected as administrative penalties; appointment of hearing officers or panels by Commissioner; claims for attorney’s fees and investigative costs.
1. In addition to any other remedy or penalty, the Commissioner may, after giving notice and opportunity to be heard, impose an administrative penalty of not more than $10,000 on a foreclosure consultant who violates any provision of NRS 645F.400.
2. Except as otherwise provided in this section, all money collected from administrative penalties imposed pursuant to this section must be deposited in the State General Fund.
3. The money collected from an administrative penalty may be deposited with the State Treasurer for credit to the Fund for Mortgage Lending created by NRS 645F.270 if:
(a) The person pays the administrative penalty without exercising the right to a hearing to contest the penalty; or
(b) The administrative penalty is imposed in a hearing conducted by a hearing officer or panel appointed by the Commissioner.
4. The Commissioner may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Commissioner to conduct hearings, determine violations and impose the penalties authorized by this section.
5. If money collected from an administrative penalty is deposited in the State General Fund, the Commissioner may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.
(Added to NRS by 2007, 2856)