Administrative citation: Issuance; substance; compliance; sanctions; administrative fines; criminal penalty.

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1. If the State Fire Marshal or the State Board of Fire Services, based upon a preponderance of the evidence, has reason to believe that a person has committed a violation of this chapter or the regulations of the State Fire Marshal, the State Fire Marshal or the State Board of Fire Services may issue a written administrative citation to the person.

2. A citation issued pursuant to this section includes, without limitation, an order to:

(a) Take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the State Fire Marshal, at the person’s cost;

(b) Pay an administrative fine imposed in accordance with the schedule of administrative fines prescribed by the State Board of Fire Services pursuant to subsection 4; and

(c) Reimburse the State Fire Marshal or the State Board of Fire Services for the amount of the expense incurred to investigate the complaint.

3. If a written citation issued pursuant to subsection 1 includes an order to take action to correct a condition resulting from an act that constitutes a violation of this chapter or the regulations of the State Fire Marshal, the citation must state the time permitted for compliance, which must be not less than 15 business days after the date the person receives the citation, and must specifically describe the action required to be taken.

4. The State Board of Fire Services shall by regulation establish a schedule of at least three different levels of administrative fines not to exceed $50,000, based on the severity and frequency of the violation of any provision of this chapter or any regulation of the State Fire Marshal.

5. The sanctions authorized by subsection 2 are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

6. The failure of an unlicensed person to comply with a citation or order after it is final is a misdemeanor. If an unlicensed person does not pay an administrative fine imposed pursuant to this section within 60 days after the order of the State Fire Marshal or the State Board of Fire Services becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

(Added to NRS by 2013, 2707)


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