1. An action for the enforcement of a civil penalty pursuant to this section may be brought before the Public Utilities Commission of Nevada by the Attorney General, a district attorney, a city attorney or legal counsel for the Public Utilities Commission of Nevada.
2. Any person who violates a provision of NRS 455.200 to 455.240, inclusive, is liable for a civil penalty not to exceed $1,000 per day for each violation.
3. The amount of any civil penalty imposed pursuant to this section and the propriety of any settlement or compromise concerning a penalty must be determined by the Public Utilities Commission of Nevada upon receipt of a complaint by the Attorney General, an employee of the Public Utilities Commission of Nevada who is engaged in regulatory operations, a district attorney or a city attorney.
4. In determining the amount of the penalty or the amount agreed upon in a settlement or compromise, the Public Utilities Commission of Nevada shall consider:
(a) The gravity of the violation;
(b) The good faith of the person charged with the violation in attempting to comply with the provisions of NRS 455.200 to 455.240, inclusive, before and after notification of a violation; and
�c) Any history of previous violations of those provisions by the person charged with the violation.
5. A civil penalty recovered pursuant to this section must first be paid to reimburse the person who initiated the action for any cost incurred in prosecuting the matter. Any amount remaining after such reimbursement must be deposited in the State General Fund.
6. Any person aggrieved by a determination of the Public Utilities Commission of Nevada pursuant to this section may seek judicial review of the determination in the manner provided by NRS 703.373.
(Added to NRS by 1993, 880; A 1997, 2001; 1999, 492)
Structure Nevada Revised Statutes
Chapter 455 - Excavations and High-Voltage Lines
NRS 455.010 - Erection of fence or other safeguard around excavation, hole or shaft required.
NRS 455.020 - Filing of notice of violation; contents of notice.
NRS 455.040 - Contents of notice; judgment; criminal penalty.
NRS 455.050 - Suits to be commenced in name of State of Nevada; disposition of judgments and fines.
NRS 455.082 - "Approximate location of a subsurface installation" defined.
NRS 455.084 - "Association for operators" defined.
NRS 455.086 - "Damage" defined.
NRS 455.088 - "Demolition" defined.
NRS 455.090 - "Emergency" defined.
NRS 455.092 - "Excavation" defined.
NRS 455.093 - High consequence subsurface installation" defined.
NRS 455.094 - "Mechanical equipment" defined.
NRS 455.096 - "Operator" defined.
NRS 455.098 - "Person" defined.
NRS 455.099 - "Sewer main" defined.
NRS 455.0995 - "Sewer service lateral" defined.
NRS 455.101 - "Subsurface installation" defined.
NRS 455.103 - "Unexpected occurrence" defined.
NRS 455.105 - "Working day" defined.
NRS 455.107 - Exemption from compliance with statutory provisions.
NRS 455.150 - Release from liability for cost of repairs to subsurface installation.
NRS 455.160 - Injunctive relief.
NRS 455.180 - Civil remedies preserved; additional civil remedy not created.
NRS 455.210 - Applicability of provisions.
NRS 455.220 - Conducting of activities near line: Prohibition; exception.
NRS 455.240 - Liability for violation causing contact with line.