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 permit 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 permit 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, 1311)
Structure Nevada Revised Statutes
Chapter 119B - Memberships in Campgrounds
NRS 119B.020 - "Administrator" defined.
NRS 119B.030 - "Affiliate" defined.
NRS 119B.040 - "Broker of record" defined.
NRS 119B.050 - "Campground" defined.
NRS 119B.060 - "Camping site" defined.
NRS 119B.070 - "Developer" defined.
NRS 119B.073 - "Division" defined.
NRS 119B.080 - "Membership" defined.
NRS 119B.090 - "Offer" defined.
NRS 119B.095 - "Public offering statement" defined.
NRS 119B.100 - "Purchaser" defined.
NRS 119B.110 - Regulations; professional consultants.
NRS 119B.120 - Applicability; exemptions.
NRS 119B.130 - Application: Form; contents.
NRS 119B.140 - Application: Signature; cover page; fee; amendment.
NRS 119B.150 - Investigation of applicant.
NRS 119B.160 - Period for action on application.
NRS 119B.170 - Grounds for denial of application or suspension or revocation of permit.
NRS 119B.180 - Hearing on denial of application; expiration of order of denial.
NRS 119B.190 - Hearing on suspending, revoking or imposing conditions upon permit.
NRS 119B.200 - Renewal; creation and maintenance of website; fees.
NRS 119B.205 - Requirement to notify Division in writing of certain convictions.
NRS 119B.215 - Disciplinary action for failure to pay money to Division.
NRS 119B.220 - Offer or sale of membership without permit and broker prohibited.
NRS 119B.230 - Sales agents: Association with broker.
NRS 119B.240 - Encumbrances on campground; requirements if developer holds leasehold interest.
NRS 119B.260 - Approval of advertisement or offering.
NRS 119B.280 - Right to cancel contract of sale.
NRS 119B.285 - Action by purchaser or Administrator for misrepresentation or other violation.
NRS 119B.300 - Formation of association of members; incorporation; proxies.
NRS 119B.310 - Agreement for management of campground.
NRS 119B.320 - Annual budget; insurance; payment of assessments for unsold memberships.
NRS 119B.330 - Assessment upon membership; notice of assessment; liens.
NRS 119B.350 - Information to be furnished to purchasers by developer offering program.
NRS 119B.380 - Enforcement of chapter and protection of purchasers by Administrator.
NRS 119B.385 - Appointment of receiver.
NRS 119B.390 - Action by Real Estate Commission against broker.
NRS 119B.410 - Falsifying application; failure to submit annual report.
NRS 119B.420 - False or misleading advertising.
NRS 119B.430 - Unfair methods of competition; deceptive or unfair practices.