Nevada Revised Statutes 676A.740 – Commissioner to enforce chapter; penalties
1. The Commissioner may enforce this chapter and regulations adopted under this chapter by taking one or more of the following actions:
Terms Used In Nevada Revised Statutes 676A.740
- county: includes Carson City. See Nevada Revised Statutes 0.033
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
(a) Ordering a provider or a director, employee or other agent of a provider to cease and desist from any violations;
(b) Ordering a provider or a person that has caused a violation to correct the violation, including, without limitation, making restitution of money or property to a person aggrieved by a violation;
(c) Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, imposing on a provider or a person that has caused a violation a civil penalty not to exceed $10,000 for each violation;
(d) Prosecuting a civil action to:
(1) Enforce an order; or
(2) Obtain restitution or an injunction or other equitable relief, or both; or
(e) Intervening in an action brought under NRS 676A.760.
2. Subject to adjustment of the dollar amount pursuant to subsection 6 of NRS 676A.730, if a person violates or knowingly authorizes, directs or aids in the violation of a final order issued under paragraph (a) or (b) of subsection 1, the Commissioner may impose a civil penalty not to exceed $20,000 for each violation.
3. The Commissioner may maintain an action to enforce this chapter in any county.
4. The Commissioner may recover the reasonable costs of enforcing this chapter under subsections 1, 2 and 3, including, without limitation, attorney’s fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
5. In determining the amount of a civil penalty to impose under subsection 1 or 2, the Commissioner shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator and any other factor the Commissioner considers relevant to the determination of the civil penalty.