1. If the Secretary of State obtains information that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person, the Secretary of State may conduct or cause to be conducted an investigation of the alleged violation.
2. If, after investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may:
(a) Serve, by certified mail addressed to the person who has committed the violation, a written order directing the person to cease and desist from the conduct constituting the violation. The order must notify the person that any willful violation of the order may subject the person to prosecution and criminal penalties pursuant to NRS 240A.290 and civil penalties pursuant to this section and NRS 240A.280.
(b) If a registrant has committed the violation:
(1) Begin proceedings pursuant to NRS 240A.270 to revoke or suspend the registration of the registrant; or
(2) After a hearing on the matter, impose a civil penalty of not more than $1,000 for each violation. The authority of the Secretary of State to impose a civil penalty applies regardless of whether the person is still a registrant at the time of the hearing so long as the person was a registrant at the time that he or she committed the violation.
(c) If a person engaged in the business of a document preparation service and was not a registrant at the time of the violation, after a hearing on the matter, impose a civil penalty for each violation of not more than $5,000 or the amount of economic benefit derived from the violation, whichever is greater.
(d) Refer the alleged violation to the Attorney General or a district attorney for commencement of a civil action against the person pursuant to NRS 240A.280.
(e) Refer the alleged violation to the Attorney General or a district attorney for prosecution of the person pursuant to NRS 240A.290.
(f) Take any combination of the actions described in this subsection.
3. Any person who is aware of a violation of this chapter by a document preparation service, a person applying for registration as a document preparation service or a person who is engaging in the business of a document preparation service and is not registered by the Secretary of State pursuant to this chapter may file a complaint with the Secretary of State setting forth the details of the violation that are known by the person who is filing the complaint.
4. Any determination by the Secretary of State that a provision of this chapter or a regulation or order adopted or issued pursuant thereto has been violated by a registrant or another person and the imposition of any civil penalty by the Secretary of State pursuant to this section is a public record.
(Added to NRS by 2013, 3473; A 2015, 2620; 2021, 937)
Structure Nevada Revised Statutes
Chapter 240A - Document Preparation Services
NRS 240A.015 - "Business entity" defined.
NRS 240A.020 - "Client" defined.
NRS 240A.030 - "Document preparation service" defined.
NRS 240A.040 - "Legal matter" defined.
NRS 240A.050 - "Registrant" defined.
NRS 240A.115 - Disposition of fees.
NRS 240A.125 - Amount of bond for business entity.
NRS 240A.127 - Claim against bond; requirements; interpleader; priority.
NRS 240A.170 - Display of business licenses.
NRS 240A.180 - Written disclosure of information to client; contents.
NRS 240A.200 - Information required on certain documents prepared for client.
NRS 240A.210 - Duties of registrant concerning documents of client.
NRS 240A.230 - Receipt for client’s payment to registrant; required information on receipt.
NRS 240A.240 - Prohibited acts by registrant; exceptions.
NRS 240A.265 - Examination by Secretary of State of required records.
NRS 240A.270 - Denial, suspension, revocation or refusal to renew registration.
NRS 240A.275 - Petition for review of criminal history; fee.
NRS 240A.280 - Civil actions brought by Attorney General or district attorney.
NRS 240A.290 - Criminal penalties; restitution.