(g) [Division of agriculture.

(i)] Division of insurance.

[(j)] (h) Division of industrial relations.

[(k)] (i) Office of labor commissioner.

[(l)] (j) Taxicab authority.

[(m)] (k) Nevada athletic commission.

[(n)] (l) Office of the Nevada attorney for injured workers.

[(o) State predatory animal and rodent committee.

(p)] (m) Transportation services authority.

1. Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the department, if any. The chief of the consumer affairs division is the commissioner of consumer affairs, the chief of the division of financial institutions is the commissioner of financial institutions, the chief of the housing division is the administrator of the housing division, the chief of the manufactured housing division is the administrator of the manufactured housing division, the chief of the real estate division is the real estate administrator, the chief of the division of unclaimed property is the administrator of unclaimed property, the chief of the division of [agriculture is the administrator of the division of agriculture, the chief of the division of minerals is the administrator of the division of minerals, the chief of the division of] insurance is the [insurance commissioner,] commissioner of insurance, the chief of the division of industrial relations is the administrator of the division of industrial relations, the chief of the office of labor commissioner is the labor commissioner, the chief of the taxicab authority is the taxicab administrator, the chief of the transportation services authority is the chairman of the authority and the chief of any other entity of the department has the title specified by the director, unless a different title is specified by a specific statute.

2. Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the department. The director may, if he deems it necessary to carry out his administrative responsibilities, be considered as a member of the staff of any division or other entity of the department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the director pursuant to this subsection. [Nothing contained in] The provisions of this subsection [may be construed as allowing] do not authorize the director to preempt any authority or jurisdiction granted by statute to any division or other entity within the department or [as allowing] authorize the director to act or take on a function that would [be in contravention of] contravene a rule of court or a statute.

3. [Has authority to:] May:

(b) Provide coordination among the divisions and other entities within the department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or [utilize] use office space.

6. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by him pursuant to chapters 348A and 349 of NRS. Except as [so] otherwise provided, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.

9. May establish a trust account in the state treasury for [the purpose of] depositing and accounting for money that is held in escrow or is on deposit with the department for the payment of any direct expenses incurred by the director in connection with any bond programs administered by the director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:

1. Execute contracts or agreements with the [division] state department of agriculture [of the department of business and industry] pursuant to the provisions of NRS 561.245; and

2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to [effectuate] carry out that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the [division] state department of agriculture [of the department of business and industry] or local conservation districts to determine [what] the customarily accepted agricultural practices that may be affected by the proposed plan or program.

2. If an ordinance adopted pursuant to subsection 1 involves or affects agricultural operations, any plan or program to [effectuate] carry out that ordinance must allow for customarily accepted agricultural practices to occur on agricultural land. A governmental entity which is considering the adoption of such a plan or program shall consult with the [division] state department of agriculture [of the department of business and industry] or local conservation districts to determine [what] the customarily accepted agricultural practices that may be affected by the proposed plan or program.

(c) The administrator of the division of minerals of the [department of business and industry;] commission on mineral resources;

(h) The [administrator] director of the [division] state department of agriculture ; [of the department of business and industry;]

2. The chairman of the state environmental commission [shall serve] serves as chairman of the board.

(d) The [administrator] director of the [division] state department of agriculture ; [of the department of business and industry;]

(e) The administrator of the division of minerals of the [department of business and industry;] commission on mineral resources;

2. The governor shall appoint the chairman of the commission from among the members [.] of the commission.

3. A majority of the members constitutes a quorum , and a majority of those present must concur in any decision.

6. Any person who receives or has received during the previous 2 years [received] a significant portion of his income, as defined by any applicable state or federal law, directly or indirectly from one or more holders of or applicants for a permit required by NRS 445A.300 to 445A.730, inclusive, is disqualified from serving as a member of the commission. [This subsection does] The provisions of this subsection do not apply to any person who receives or has received during the previous 2 years, a significant portion of his income from any department or agency of state government which is a holder of or an applicant for a permit required by NRS 445A.300 to 445A.730, inclusive.

(e) Any establishment where animals are slaughtered which is regulated and inspected by the [division] state department of agriculture ; [of the department of business and industry;]

(c) Vehicles of a city, county or the state, if authorized by the department for the purposes of law enforcement or work related thereto or such other purposes as are approved upon proper application and justification; and

(2) The [division] state department of agriculture ; [of the department of business and industry;]

5. As used in this section, "exempt vehicle" means a vehicle exempt from the privilege tax, except [one] a vehicle owned by the United States.

1. Keep itself informed of and interested in the entire field of legislation and administration charged to the [department.] division.

2. Report to the governor and the legislature on all matters which it may deem pertinent to the [department,] division, and concerning any specific matters previously requested by the governor.

4. Formulate the administrative policies of the [department and its various divisions.] division.

2. The administrator shall, within the limits of the money provided by this fee, establish a program to discover dangerous conditions that result from mining practices which took place at a mine that is no longer operating, identify if feasible the owner or other person responsible for the condition, and rank the conditions found in descending order of danger. [He] The administrator shall annually during the month of January, or more often if the danger discovered warrants, inform each board of county commissioners concerning the dangerous conditions found in the respective counties, including their degree of danger relative to one another and to [such] those conditions found in the state as a whole. [He] The administrator shall further work to educate the public to recognize and avoid those hazards resulting from mining practices which took place at a mine that is no longer operating.

(a) Standards for determining [which] the conditions created by the abandonment of a former mine or its associated works that constitute a danger to persons or animals and for determining the relative degree of danger. A condition whose existence violates a federal or state statute or regulation intended to protect public health or safety is a danger [by virtue] because of that violation.

(a) Shall establish and maintain, in accordance with the regulations of the division , [of minerals of the department of business and industry,] a map of the mining claims in the county that must accurately record the location of all mining claims filed after July 1, 1971;

1. Prepare two copies of a map of the claim which must be of a scale of not less than 500 feet to the inch. [Where] If the United States survey has been extended over the land embraced in the location, the claim may be taken and described on the map by legal subdivisions as provided in NRS 517.090. [Where] If the land has not been surveyed by the United States or [where] if official corners cannot be found through the exercise of due diligence, the map must set forth the position of the monuments in relation to each other [,] and establish numbers of monuments, and the descriptions must be tied to a natural landmark or a readily identifiable artificial landmark as provided in NRS 517.040.

3. Enter into a memorandum of understanding with [both] the United States Bureau of Land Management and the United States Forest Service concerning the adoption by those agencies of plans of reclamation that:

(a) Apply to mining operations or exploration projects that are conducted on a site which includes [both] public land administered by a federal agency and privately owned land; and

5. File with the division a bond or other surety in a form and amount required by the regulations adopted by the commission pursuant to NRS 519A.160.

(b) The education of the members of the general public concerning the dangers of the hazardous conditions described in paragraph (a).

All interest and income earned on the money in the account, after deducting applicable charges, must be deposited in the account for the division of minerals [.] created pursuant to NRS 513.103.

2. [Utilize] Use when available personnel, control equipment, supplies or services of the [division] state department of agriculture , [of the department of business and industry,] and accept money, equipment, supplies or services, including prison labor, from other cooperators as he may deem appropriate.

1. The [division] state department of agriculture ; [of the department of business and industry;] and

(b) The [administrator] director of the [division] state department of agriculture . [of the department of business and industry.]

2. The ex officio members may appoint, in writing, alternates to attend any meeting of the commission. Ex officio members or their alternates [shall] have full voting powers.

2. The [administrator] director may adopt such regulations as are necessary to carry out the provisions of this chapter.

3. The [administrator] director may, after notice and an opportunity for a hearing, impose a civil penalty of not more than $500 for each violation of this chapter.

5. Upon receipt of the application and the required fees, the [division] department shall issue a registration number to the beekeeper. The number must be displayed in a conspicuous place in the apiary.

2. If [such] the inspection discloses any disease, the [division] department may:

(c) Proclaim a quarantine in accordance with the provisions of chapter 554 of NRS.

4. If [such] the inspection discloses honey, honeycombs or beeswax exposed to robber bees, the [division] department may order the abatement of [such] the nuisance in a manner appropriate to the circumstances.

2. The [division] department shall issue a temporary or seasonal permit only after the apiary, bees, hives, combs [,] or other used apiary supplies to be moved are free from any disease liable to injure any [already] established apiary.

3. It is unlawful for any person having a seasonal permit to transport or move bees anywhere within the State of Nevada unless he files with the [division,] department, within 5 days after the date of moving, a statement of the number of colonies of bees which have been moved and the number of colonies of bees which have been left at the point of origin, stating the definite point both of origin and destination to which such bees have been moved.

4. If any emergency requires the immediate removal of bees, the owner shall notify the [division] department of the emergency and secure permission for moving, but if [verbal] oral permission is requested and obtained , the applicant shall further file a written request within 5 days after the date of moving as provided in subsection 3.

5. [Whenever the division] If the department finds that American foulbrood disease exists in more than 1 percent of the colonies in any apiary of 100 or more colonies, or in one or more colonies in any apiary of less than 100 colonies, it shall quarantine the apiary, giving notice thereof to the owner or bailee and posting a copy of the notice in a conspicuous place in the apiary.

6. When any such notice has been given as provided in subsection 5, it is unlawful, except as otherwise provided in NRS 552.280, to move the apiary, or any part thereof, or any other bee equipment from the location until the disease has been eradicated.

2. The [division] department may issue a permit for the importation of bees on comb and hives containing comb into this state from another state if the applicant:

(a) Submits an application, on a form supplied by the [division,] department, stating:

(2) That 1 percent or less of American foulbrood disease has been found during the preceding 2 years in any apiaries intended for shipment by the applicant, and that all disease found during that period has been destroyed.

3. An applicant for a permit for entry may submit a certificate of inspection issued by the [division. Such a] department. The certificate authorizes reentry into the state for 1 year after the date the inspection was performed.

4. Each shipment must be accompanied by a copy of the permit of entry issued by the [division] department and a copy of the certificate of inspection required by this section.

5. If any bees, used hives, honeycombs or appliances entering this state are found to be diseased at the time of inspection in this state, the shipment must be quarantined in the same manner as provided in NRS 552.200, and must be destroyed or shipped out of the state at the option and expense of the owner or person in possession, unless the [division] department finds that the disease can be eradicated by treatment rather than destruction.

1. ["Administrator" means the administrator of the division.

2. "Division"] "Department" means the [division] state department of agriculture . [of the department of business and industry.]

3. An action to foreclose a lien may be commenced at any time within 1 year after the filing and recording of the notice of lien, which action must be brought in the proper court by the district attorney of the county in the name and for the benefit of the [division.

4. When] department.

2. Notice of the hearing must be given to all growers of [such] the host plants within the area and must specify:

3. If, after the hearing, the [division] department determines that [such] the pest cannot otherwise be practically eradicated or controlled, the [division] department shall issue an order prescribing a time [limit] during which or an area in which [such] the host plants may not be planted, grown, cultivated, maintained or allowed to exist, and requiring owners or occupiers of property upon which [such] the host plants exist to eradicate [such] the plants.

4. If [such an] the owner or occupant neglects or refuses to eradicate [such] the plants, the [division] department may do so in the manner prescribed by NRS [555.120.] 555.110.

3. "Inspecting officer" means a person authorized by the [division] department to inspect nursery stock.

10. "Place of business" means any location used to propagate, grow, maintain, hold, sell or distribute nursery stock . [and] The term includes , but is not limited to , established permanent places of business, registered places of business, established sales yards, store yards, store [or] and sales locations [or] and similar outlets for which the minimum nursery license fee has been paid.

(b) A person who is not engaged in the nursery business [, raising] and raises nursery stock as a hobby in this state, from which he makes occasional sales, if the person reports to the [administrator] director his intention to make [such] those sales and does not advertise or solicit for the sale of [such] that nursery stock.

(d) That the [administrator] director may, to relieve hardships imposed by the licensing requirements of NRS 555.235 to 555.249, inclusive, upon persons residing in sparsely settled areas of the state [in which there exist] where no licensed nurseries [, waive nursery licensing] exist, waive the requirements for the licensing of nurseries for any established business concern to permit occasional sales of nursery stock for customer accommodation.

(e) At the discretion of the [administrator,] director, persons selling vegetable bulbs or flower bulbs, [such as] including onion sets, tulip bulbs [or] and similar bulbs.

(a) Shall conduct their businesses in accordance with pest regulations and grades and standards for nursery stock as established by the [administrator.] director.

1. Carry [into effect] out the intent of NRS 555.235 to 555.249, inclusive.

1. The nature of the pest is such that no detriment can be caused to the nursery industry or related industries in this state by shipping the nursery stock out of the state. In [such] that case the [administrator] director or inspecting officer:

2. The [administrator] director determines that the pest can be exterminated by treatment prescribed by the [administrator] director with the result that no detriment [can] will be caused to the nursery industry or related industries in this state. In [such] that case, nursery stock will be released if the nursery stock is:

(a) Treated in the manner prescribed by the [administrator;] director;

(b) Treated within the time specified by the [administrator] director or inspecting officer;

All fines collected by the [administrator] director pursuant to this section must be deposited with the state treasurer for credit to the state general fund.

2. The [administrator] director may:

1. Any substance or mixture of substances, including any living organisms or any product derived therefrom or any fungicide, herbicide, insecticide, nematocide or rodenticide, intended to prevent, destroy, control, repel, attract or mitigate any insect, rodent, nematode, snail, slug, fungus [,] and weed and any other form of plant or animal life or virus, except virus on or in a living [man] human or other [animals,] animal, which is normally considered to be a pest or which the [administrator] director declares to be a pest.

1. The [administrator] director has found and determined, [subsequent to] after a hearing, to be:

1. Making an inspection to identify or to attempt to identify infestations or infections of households or other structures by [such] those pests or organisms.

2. If the applicant is [other than] not a natural person, the applicant shall designate an officer, member or technician of the organization to take the examination . [, such designee to be] The person so designated is subject to the approval of the [administrator.] director. If the extent of the applicant’s operations [warrant] require it, the [administrator] director may require more than one officer, member or technician to take the examination.

3. The applicant or the person designated by the applicant in accordance with the provisions of subsection 2 [of this section must be] must have attained the age of majority [or over] and have:

2. The license period is the calendar year. All licenses expire on December 31 of each year. The license may be renewed annually upon application to the [administrator] director and payment of the license fee on or before January 16 of each year. If the holder of the license is a natural person, he must submit with his application for renewal the statement required pursuant to NRS 555.325.

3. A penalty fee of $5 must be charged for failure to pay the renewal fee when due unless the application for renewal is accompanied by a written statement signed by the applicant that he has not made any application of pesticides from the time of expiration of his prior license [to] until the time of application for renewal.

4. The license may restrict the licensee to the use of a certain type or types of equipment or materials if the [administrator] director finds that the applicant is qualified to use only a certain type or types.

2. The [administrator] director shall include the statement required pursuant to subsection 1 in:

(b) A separate form prescribed by the [administrator.] director.

3. A license to perform pest control may not be issued or renewed by the [administrator] director if the applicant is a natural person who:

2. The [administrator] director may require drift insurance for the use of pesticides or other materials declared hazardous or dangerous to man, livestock, wildlife, crops or plantlife.

(c) The licensee has made false or fraudulent claims through any media [,] by misrepresenting the effect of materials or methods to be [utilized;] used;

(g) The licensee has violated any of the provisions of NRS 555.2605 to 555.460, inclusive, or regulations [made thereunder;] adopted pursuant thereto;

2. If the [administrator] director has adopted regulations requiring:

2. In addition, the [administrator] director may require the applicant to meet special qualifications of competency to meet the special needs of a given locality regarding the use or application of a specific restricted-use pesticide.

2. A certificate is valid for 4 calendar years and expires on December 31. The certificate may be renewed upon completion of the requirements established by [regulation] the regulations of the [administrator.] director.

3. The [administrator] director shall adopt regulations concerning the requirements for renewal of a certificate.

4. The certificate may limit the applicant to the use of a certain type or types of equipment or material if the [administrator] director finds that the applicant is qualified to use only that type or types.

3. Has applied materials inconsistent with labeling or other restrictions imposed by the [administrator ;] director;

6. Aided or abetted an uncertified person to evade the provisions of NRS 555.351 to 555.357, inclusive, combined or conspired with an uncertified person to evade [such] those provisions, or allowed one’s certificate to be used by an uncertified person;

9. Has violated any of the provisions of NRS 555.351 to 555.357, inclusive, NRS 555.390 or [regulations made thereunder;] any regulation adopted pursuant thereto; or

2. A copy of the petition must forthwith be delivered to the [administrator,] director, and within 20 days thereafter , the [administrator] director shall certify and file in the court a transcript of any record pertaining thereto, including a transcript of evidence received.

2. The [administrator] director may:

1. With the approval of the [administrator,] director, appoint a rodent control officer.

3. Exercise any other power necessary or proper to [effectuate] carry out the purposes for which the district exists.

2. ["Division"] "Department" means the [division] state department of agriculture . [of the department of business and industry.]

1. ["Administrator" means the administrator of the division.

2.] "Board" means the state board of agriculture.

[3. "Division"]

2. "Department" means the [division] state department of agriculture . [of the department of business and industry.]

2. While engaged in the business of the [division,] department, each member and employee of the board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

(a) Be] :

(a) Must be informed on and interested in the entire field of legislation and administration charged to the [division.

(b) Report] department.

(b) Shall report to the governor and legislature on all matters which it deems [pertinent] relevant to the [division,] department, and concerning any specific matters previously requested by the governor.

(c) [Advise] Shall advise and make recommendations to the governor or the legislature [relative] relating to the policies of the state concerning livestock and agriculture.

(d) [Formulate] Shall establish the policy of the [division.

(e) Adopt] department.

(e) Shall adopt such regulations as it deems necessary for the operation of the [division] department and for carrying out the provisions of the laws and programs administered by the [division.] department.

1. Appointed] director:

1. Must be appointed by the board with the approval of the [director of the department of business and industry.

2. In] governor.

2. The [administrator] director may, within such limitations as may be provided by law, organize the [division into various bureaus] department into divisions and, from time to time, alter [such] that organization and reassign responsibilities and duties as he may deem appropriate.

3. The [administrator] director shall:

(a) Coordinate the activities of the [various bureaus] divisions of the department.

(b) Report to the board upon all matters pertaining to the administration of the [division.] department.

2. The district court in and for the county in which any hearing is being conducted by the [administrator] director may compel the attendance of witnesses, the giving of testimony and the production of books and papers as required by any subpoena issued by the [administrator.] director.

3. In case of the refusal of any witness to attend or testify or produce any papers required by the subpoena , the [administrator] director may report to the district court in and for the county in which the hearing is pending by petition, setting forth:

(a) That [due] notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(c) That the witness has failed and refused to attend or produce the papers required by subpoena before the [administrator] director in the hearing named in the subpoena, or has refused to answer questions propounded to him in the course of [such] the hearing,

and asking an order of the court compelling the witness to attend and testify or produce the books or papers before the [administrator.] director.