686A.183 - Cease and desist orders and penalties for prohibited practices; modification and setting aside of Commissioner’s orders.
686A.183 Cease and desist orders and penalties for prohibited practices; modification and setting aside of Commissioner’s orders.
1. After the hearing provided for in NRS 686A.160, the Commissioner shall issue an order on hearing pursuant to NRS 679B.360. If the Commissioner determines that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice in violation of NRS 686A.010 to 686A.310, inclusive, the Commissioner shall order the person to cease and desist from engaging in that method of competition, act or practice, and may order one or both of the following:
(a) If the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive, payment of an administrative fine of not more than $5,000 for each act or violation, except that as to licensed agents, brokers, solicitors and adjusters, the administrative fine must not exceed $500 for each act or violation.
(b) Suspension or revocation of the person’s license if the person knew or reasonably should have known that he or she was in violation of NRS 686A.010 to 686A.310, inclusive.
2. Until the expiration of the time allowed for taking an appeal, pursuant to NRS 679B.370, if no petition for review has been filed within that time, or, if a petition for review has been filed within that time, until the official record in the proceeding has been filed with the court, the Commissioner may, at any time, upon such notice and in such manner as the Commissioner deems proper, modify or set aside, in whole or in part, any order issued by him or her under this section.
3. After the expiration of the time allowed for taking an appeal, if no petition for review has been filed, the Commissioner may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him or her under this section whenever in the opinion of the Commissioner conditions of fact or of law have so changed as to require such action or if the public interest so requires.
(Added to NRS by 1975, 1284; A 1977, 432; 1993, 2394; 1997, 783)