1. In addition to any other remedy or penalty, the Administrator may impose an administrative fine against any person who knowingly:
(a) Engages or offers to engage in any activity for which a license, permit, certificate or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit, certificate or registration or has not been given the required authorization; or
(b) Assists or offers to assist another person to commit a violation described in paragraph (a).
2. If the Administrator imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.
3. In determining the appropriate amount of the administrative fine, the Administrator shall consider:
(a) The severity of the violation and the degree of any harm that the violation caused to other persons;
(b) The nature and amount of any gain or economic benefit that the person derived from the violation;
(c) The person’s history or record of other violations; and
(d) Any other facts or circumstances that the Administrator deems to be relevant.
4. Before the Administrator may impose the administrative fine, the Administrator must provide the person with notice and an opportunity to be heard.
5. The person is entitled to judicial review of the decision of the Administrator in the manner provided by chapter 233B of NRS.
6. The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:
(a) A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and
(b) The person is acting in accordance with the exemption while engaging or offering to engage in those activities.
(Added to NRS by 2003, 1307)
Structure Nevada Revised Statutes
NRS 119A.020 - "Administrator" defined.
NRS 119A.030 - "Affiliate of the developer" defined.
NRS 119A.031 - "Affiliate of the manager" defined.
NRS 119A.032 - "Association" defined.
NRS 119A.033 - "Blanket encumbrance" defined.
NRS 119A.034 - "Board" defined.
NRS 119A.035 - "Branch office" defined.
NRS 119A.036 - "Common area" defined.
NRS 119A.038 - "Component site" defined.
NRS 119A.040 - "Developer" defined.
NRS 119A.041 - "Developer’s reserved rights" defined.
NRS 119A.050 - "Division" defined.
NRS 119A.052 - "Limited common area" defined.
NRS 119A.054 - "Manager" defined.
NRS 119A.055 - "Material change" defined.
NRS 119A.056 - "Owner" defined.
NRS 119A.058 - "Permanent identifying number" defined.
NRS 119A.060 - "Permit" defined.
NRS 119A.070 - "Person" defined.
NRS 119A.080 - "Project" defined.
NRS 119A.090 - "Project broker" defined.
NRS 119A.100 - "Public offering statement" defined.
NRS 119A.110 - "Purchaser" defined.
NRS 119A.120 - "Representative" defined.
NRS 119A.130 - "Sales agent" defined.
NRS 119A.133 - "Sales and marketing entity" defined.
NRS 119A.137 - "Statement of record" defined.
NRS 119A.140 - "Time share" defined.
NRS 119A.150 - "Time-share instrument" defined.
NRS 119A.152 - "Time-share plan" defined.
NRS 119A.153 - "Time-share resale" defined.
NRS 119A.156 - "Time-share resale broker" defined.
NRS 119A.160 - "Unit" defined.
NRS 119A.170 - Applicability of this chapter and chapter 645 of NRS.
NRS 119A.174 - Applicability of local ordinances, regulations and building codes.
NRS 119A.180 - Classification of interest of purchaser.
NRS 119A.200 - Limitation on licensing by local governments.
NRS 119A.205 - Technology Account.
NRS 119A.220 - Sales agents: Association with project broker.
NRS 119A.230 - Sales agents: Disciplinary actions.
NRS 119A.233 - Provisional sales agents: Qualifications; employment with project broker.
NRS 119A.268 - Branch offices.
NRS 119A.270 - Developers: Prohibited acts.
NRS 119A.280 - Developers: Order to cease; hearing; agreement in lieu of order.
NRS 119A.290 - Preliminary permits.
NRS 119A.300 - Requirements for issuance of initial permit.
NRS 119A.310 - Grounds for denial of permit; burden of proof.
NRS 119A.320 - Period for action on application.
NRS 119A.340 - Issuance of permit before completion of project.
NRS 119A.350 - Investigation of applicants; expenses.
NRS 119A.355 - Renewal of permit.
NRS 119A.357 - Requirement to notify Division in writing of certain convictions.
NRS 119A.365 - Disciplinary action for failure to pay money to Division.
NRS 119A.380 - Requirements for time-share instruments.
NRS 119A.385 - Description of time share.
NRS 119A.390 - Reservation to purchase time share.
NRS 119A.410 - Right to cancel contract of sale.
NRS 119A.420 - Deposits to be placed in escrow account; surety bond in lieu of escrow account.
NRS 119A.430 - Requirements for closing of sale of time share.
NRS 119A.460 - Requirements for trusts.
NRS 119A.470 - Conveyance of project to trustee before close of escrow for first sale.
NRS 119A.475 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119A.480 - Requirements if developer holds leasehold interest.
NRS 119A.495 - Withdrawal of units from time-share plan; conditions of withdrawal; exceptions.
NRS 119A.497 - Relocation of boundaries between adjoining units.
NRS 119A.500 - Partition of unit.
NRS 119A.510 - Replacement or compensation if unit unavailable.
NRS 119A.520 - Members of association for time-share plan; incorporation of association; proxies.
NRS 119A.522 - Period of developer’s control of association; representation of owners on board.
NRS 119A.524 - Reserved rights of developer.
NRS 119A.528 - Removal of member of board; indemnification and defense of member of board.
NRS 119A.534 - Disclosure statement to be submitted by certain managers; regulations.
NRS 119A.540 - Annual budget; assessments for unsold time shares.
NRS 119A.550 - Assessment upon time share; notice of assessment; liens; enforcement of liens.
NRS 119A.552 - Statement of unpaid assessments.
NRS 119A.560 - Power of sale; notice of sale.
NRS 119A.590 - Information to be furnished to purchasers by developer.
NRS 119A.600 - Information to be furnished by company offering program.
NRS 119A.630 - Administrator to appoint hearing officer.
NRS 119A.640 - Powers of Administrator or hearing officer.
NRS 119A.650 - District court to enforce Administrator’s subpoenas.
NRS 119A.652 - Inspections by Division; penalty for failure to cooperate; regulations.
NRS 119A.654 - Disciplinary action against developer.
NRS 119A.660 - Enforcement of chapter and protection of purchasers by Administrator.
NRS 119A.665 - Appointment of receiver.
NRS 119A.670 - Action by Real Estate Commission against project broker or supervising licensee.
NRS 119A.690 - Falsifying application; failure to submit annual report.
NRS 119A.700 - False or misleading advertising.
NRS 119A.710 - Unfair methods of competition; deceptive or unfair acts.