1. If the Division believes that a person, state or local government unit or agency thereof is operating a child care facility without a license or with a suspended license, the Division may issue an order to cease and desist the operation of the facility. The order must be served upon the person, state or local government unit or agency thereof by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.
2. If the person, state or local government unit or agency thereof does not cease operating the child care facility without a license or apply for licensure within 30 days after the date of service of the order issued pursuant to subsection 1 or does not cease operating the child care facility with a suspended license, as applicable, the Division may bring an action in the name of the State to enjoin the person, state or local government unit or agency thereof from operating or maintaining the child care facility without a license or with a suspended license.
3. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the facility without a license.
4. Upon a showing by the Division that a person, state or local government unit or agency thereof is operating a child care facility without a license or with a suspended license, a court may:
(a) Enjoin the person, state or local government unit or agency thereof from operating the facility.
(b) Impose a civil penalty on the person, state or local government unit or agency thereof, to be recovered by the Division, of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.
5. Any money collected as an administrative penalty pursuant to subsection 4 must be accounted for separately and used to administer and carry out the provisions of this chapter, to protect the health, safety, well-being and property of the children to which child care facilities provide care in accordance with applicable standards or for any other purpose authorized by the Legislature.
(Added to NRS by 1979, 887; A 2011, 1373; 2017, 4215)
Structure Nevada Revised Statutes
Chapter 432A - Services and Facilities for Care of Children
NRS 432A.010 - Legislative findings and declaration.
NRS 432A.0205 - "Accommodation facility" defined.
NRS 432A.021 - "Board" defined.
NRS 432A.025 - "Client" defined.
NRS 432A.026 - "Department" defined.
NRS 432A.027 - "Director" defined.
NRS 432A.0273 - "Division" defined.
NRS 432A.0274 - "Local government" defined.
NRS 432A.0275 - "On-site child care facility" defined.
NRS 432A.0277 - "Out-of-school recreation program" defined.
NRS 432A.0278 - "Out-of-school-time program" defined.
NRS 432A.028 - "Outdoor youth program" defined.
NRS 432A.029 - "Seasonal or temporary recreation program" defined.
NRS 432A.0295 - "Small child care establishment" defined.
NRS 432A.030 - Liberal construction.
NRS 432A.035 - Provisions of chapter inapplicable to Program for Child Care and Development.
NRS 432A.040 - Duties of Division.
NRS 432A.055 - Department may accept gifts and grants for establishment of program for child care.
NRS 432A.078 - State Board of Health: Requirements for play space at on-site child care facilities.
NRS 432A.079 - State Board of Health: Policy providing for coordination among agencies.
NRS 432A.080 - Cooperation with Federal Government.
NRS 432A.100 - Custody and disbursement of money received from Federal Government.
NRS 432A.110 - Gift Account for Child Care Services.
NRS 432A.120 - Officer and employee prohibited from partisan political activities; penalty.
NRS 432A.141 - License: Issuance by Division; fee; duration; nontransferable; scope.
NRS 432A.150 - License: Contents.
NRS 432A.1774 - "Child care facility" further defined for purposes of NRS 432A.1775 and 432A.1776.
NRS 432A.1775 - Employees of certain facilities to complete training.
NRS 432A.186 - Administrative sanctions: Imposition by Division; disposition of money collected.
NRS 432A.188 - Administrative sanctions: Regulations of Board.
NRS 432A.220 - Operation of child care facility without license: Criminal penalty.
NRS 432A.240 - Exemption from immunization when contrary to religious belief.
NRS 432A.250 - Exemption from immunization because of medical condition.
NRS 432A.270 - Protection of child exempt from immunization if dangerous disease exists in facility.
NRS 432A.280 - Penalty for refusal to remove child from child care facility when required by law.
NRS 432A.330 - "Expedition" defined.
NRS 432A.340 - "Field administrator" defined.
NRS 432A.350 - "Field staff" defined.
NRS 432A.360 - "Provider" defined.
NRS 432A.370 - "Support staff" defined.
NRS 432A.410 - Training of staff.
NRS 432A.480 - Expedition: Written general plan; number and qualifications of staff required.
NRS 432A.510 - Meals for clients; written menu prepared by qualified person; vitamins.
NRS 432A.540 - Mail for clients: Prompt delivery required; permitted restrictions.
NRS 432A.560 - Provider required to conduct program in compliance with statutes and regulations.
NRS 432A.600 - Permit to operate: Application; fee; issuance; nontransferable; duration; scope.
NRS 432A.610 - Requirements for site where program is operated.
NRS 432A.630 - Maintenance of records concerning participants; confidentiality.
NRS 432A.700 - Requirements concerning first aid and emergency exit plan.
NRS 432A.710 - Background check and child abuse and neglect screening of staff members.
NRS 432A.730 - Maintenance of records concerning staff; confidentiality.