Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB163 R4 (§§ 2-21, 23-29, 31, 32, 34-41, 45, 53, 53.5, 55, 57-60, 62.5-72, 73-79, 80, 82, 83).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend sec. 81, pages 58 and 59, by deleting lines 18 through 44 on page 58 and lines 1 through 35 on page 59, and inserting:
“thereto the provisions set forth as sections 81.3 and 81.7 of this act.”.
Amend the bill as a whole by adding new sections designated sections 81.3 and 81.7, following sec. 81, to read as follows:
“Sec. 81.3. 1. If the Department has reasonable cause to believe that any person has failed to comply with the provisions of NRS 364A.130, the Department may issue an order directed to the person to show cause why the Department should not order the person to cease and desist from conducting a business in this state. The order must contain a statement of the charges and a notice of a hearing to be held thereon. The order must be served upon the person directly or by certified or registered mail, return receipt requested.
2. If, after conducting a hearing pursuant to the provisions of subsection 1, the Department determines that the person has failed to comply with the provisions of NRS 364A.130 or if the person fails to appear for the hearing after being properly served with the statement of charges and notice of hearing, the Department may make a written report of its findings of fact concerning the violation and cause to be served a copy thereof upon the person at the hearing. If the Department determines in the report that such failure has occurred, the Department may order the violator to:
(a) Cease and desist from conducting a business in this state; and
(b) Pay the costs of reporting services, fees for experts and other witnesses, charges for the rental of a hearing room if such a room is not available to the Department free of charge, charges for providing an independent hearing officer, if any, and charges incurred for any service of process, if the violator is adjudicated to have failed to comply with the provisions of NRS 364A.130.
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The order must be served
upon the person directly or by certified or registered mail, return receipt
requested. The order becomes effective upon service in the manner provided in
this subsection.
3. Any person whose pecuniary interests are directly and immediately affected by an order issued pursuant to subsection 2 or who is aggrieved by the order may petition for judicial review in the manner provided in chapter 233B of NRS. Such a petition must be filed within 30 days after the service of the order. The order becomes final upon the filing of the petition.
4. If a person fails to comply with any provision of an order issued pursuant to subsection 2, the Department may, through the Attorney General, at any time after 30 days after the service of the order, cause an action to be instituted in the district court of the county wherein the person resides or has his principal place of business requesting the court to enforce the provisions of the order or to provide any other appropriate injunctive relief.
5. If the court finds that:
(a) There has been a failure to comply with the provisions of NRS 364A.130;
(b) The proceedings by the Department concerning the written report and any order issued pursuant to subsection 3 are in the interest of the public; and
(c) The findings of the Department are supported by the weight of the evidence,
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the court shall issue an
order enforcing the provisions of the order of the Department.
6. An order issued pursuant to subsection 5 may include:
(a) A provision requiring the payment to the Department of a penalty of not more than $5,000 for each act amounting to a failure to comply with the Department’s order; or
(b) Such injunctive or other equitable or extraordinary relief as is determined appropriate by the court.
7. Any aggrieved party may appeal from the final judgment, order or decree of the court in a like manner as provided for appeals in civil cases.
Sec. 81.7. A person described in NRS 612.144 is exempt from the provisions of this chapter.”.
Amend the title of the bill, page 2, first line, after “licenses;” by inserting:
“providing that persons selling or soliciting the sale of products in certain circumstances are exempt from business tax provisions;”.