1. The Commissioner shall conduct an investigation if he or she receives a verified complaint from any person that sets forth reason to believe that an unlicensed person is engaging in an activity for which a license is required pursuant to this chapter.
2. If the Commissioner determines that an unlicensed person is engaging in an activity for which a license is required pursuant to this chapter, the Commissioner shall issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains a license from the Commissioner.
3. If a person upon whom an order to cease and desist is served does not comply with the order within 30 days after service, the Commissioner shall, after notice and opportunity for a hearing:
(a) Impose upon the person an administrative fine of $10,000; or
(b) Enter into a written consent agreement with the person pursuant to which the person agrees to cease and desist from all unlicensed activity in this State relating to the collection of debts, and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.
The imposition of an administrative fine pursuant to this subsection is a final decision for the purposes of judicial review.
4. The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine:
(a) If no petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after notice of the imposition of the fine; or
(b) If a petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for more than 90 days after exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.
5. A person’s liability for an administrative fine is in addition to any other penalty provided in this chapter.
(Added to NRS by 2001, 519)
Structure Nevada Revised Statutes
Chapter 649 - Collection Agencies
NRS 649.010 - "Claim" defined.
NRS 649.020 - "Collection agency" defined.
NRS 649.025 - "Collection agent" defined.
NRS 649.026 - "Commissioner" defined.
NRS 649.030 - "Customer" defined.
NRS 649.035 - "Manager" defined.
NRS 649.036 - "Medical debt" defined.
NRS 649.037 - "Medical debtor" defined.
NRS 649.038 - "Medical facility" defined.
NRS 649.041 - "Provider of emergency medical services" defined.
NRS 649.042 - "Provider of health care" defined.
NRS 649.045 - Legislative finding and declaration.
NRS 649.051 - Administration and enforcement of chapter.
NRS 649.057 - Investigations and hearings.
NRS 649.059 - Approval of printed forms.
NRS 649.075 - License required; exception.
NRS 649.085 - Qualifications of applicant for license.
NRS 649.105 - Bond or substitute security required; amount and conditions; adjustments in amount.
NRS 649.119 - Deposit as substitute for bond.
NRS 649.125 - Investigation by Commissioner.
NRS 649.135 - Order approving application; findings.
NRS 649.145 - Conditions for issuance of license; contents of license.
NRS 649.155 - Order denying application; notice of denial.
NRS 649.165 - Rights of licensee.
NRS 649.175 - Manager’s certificate required.
NRS 649.205 - Examination; reexamination; regulations.
NRS 649.215 - Grounds for refusing examination or suspending or revoking certificate.
NRS 649.225 - Issuance of certificate; notice of manager’s change of residence address.
NRS 649.295 - Amounts; deposit; regulations.
NRS 649.297 - Fee for failure to submit reports; regulations.
NRS 649.300 - Payment of assessment; cooperation with audits and examinations.
NRS 649.305 - Collection agency not to operate without manager.
NRS 649.315 - Display of license or certificate.
NRS 649.325 - Change of location of business.
NRS 649.331 - Recording of telephone conversations.
NRS 649.332 - Verification of debt.
NRS 649.3345 - Withdrawal of claim by customer.
NRS 649.335 - Retention and examinations of records and accounts.
NRS 649.355 - Business ethics and practices; trust accounts.
NRS 649.368 - Collection of medical debt: Prohibited practices.
NRS 649.369 - Collection of medical debt: Protections may not be waived.
NRS 649.370 - Violation of federal Fair Debt Collection Practices Act.
NRS 649.375 - Prohibited practices generally.