NRS 119A.280
Developers: Order to cease

  • hearing
  • agreement in lieu of order.

1.

The Administrator may issue an order directing a developer to cease engaging in activities for which the developer has not received or been deemed to have received a permit under this chapter or conducting activities in a manner not in compliance with the provisions of this chapter or the regulations adopted pursuant thereto.

2.

The order to cease must be in writing and must describe the violation in sufficient detail to inform the developer of the aspect in which it has failed to comply with the provisions of this chapter. The developer shall not engage in any activity regulated by this chapter after the developer receives such an order.

3.

Within 30 days after receiving such an order, a developer may file a verified petition with the Administrator for a hearing. The Administrator shall hold a hearing within 30 days after the petition has been filed. If the Administrator fails to hold a hearing within 30 days, or does not render a written decision within 45 days after the final hearing, the cease and desist order is rescinded.

4.

If the decision of the Administrator after a hearing is against the person ordered to cease and desist, the person may appeal that decision by filing, within 30 days after the date on which the decision was issued, a petition in the district court for the county in which the person conducted the activity. The burden of proof in the appeal is on the appellant. The court shall consider the decision of the Administrator for which the appeal is taken and is limited solely to a consideration and determination of the question of whether there has been an abuse of discretion on the part of the Administrator in making the decision.

5.

In lieu of the issuance of an order to cease such activities, the Administrator may enter into an agreement with the developer in which the developer agrees to:

(a)

Discontinue the activities that are not in compliance with this chapter;

(b)

Pay all costs incurred by the Division in investigating the developer’s activities and conducting any necessary hearings; and

(c)

Return to the purchasers any money or property which the developer acquired through such violations.
Ê Except as otherwise provided in NRS 239.0115, the terms of such an agreement are confidential unless violated by the developer.

Source: Section 119A.280 — Developers: Order to cease; hearing; agreement in lieu of order., https://www.­leg.­state.­nv.­us/NRS/NRS-119A.­html#NRS119ASec280.

119A.210
Sales agents: Qualifications 119A.212
Sales agents: Application for renewal of license to include information relating to state business license 119A.220
Sales agents: Association with project broker. 119A.230
Sales agents: Disciplinary actions. 119A.233
Provisional sales agents: Qualifications 119A.235
Provisional sales agents: Expiration of licenses 119A.237
Provisional sales agents: Restrictions 119A.240
Representatives: Qualifications for registration. 119A.250
Representatives: Expiration, renewal, reinstatement and transfer of registration. 119A.255
Representatives: Application for renewal of registration to include information relating to state business license 119A.260
Representatives: Prohibited acts 119A.263
Payment of child support: Statement by applicant for sales agent’s license or registration as representative or manager 119A.266
Suspension of sales agent’s license or registration as representative or manager for failure to pay child support or comply with certain subpoenas or warrants 119A.268
Branch offices. 119A.270
Developers: Prohibited acts. 119A.280
Developers: Order to cease 119A.285
Developers: Inapplicability of certain provisions to offer or disposition of certain time shares. 119A.290
Preliminary permits. 119A.300
Requirements for issuance of initial permit. 119A.302
Abbreviated registration: Requirements 119A.304
Developer to file amended statement of record if material change to time-share plan 119A.305
Terms and conditions of supporting documents: Description in public offering statement 119A.307
Filing of public offering statement 119A.310
Grounds for denial of permit 119A.320
Period for action on application. 119A.330
Hearing on denial of application, amendment to statement of record or renewal of permit 119A.340
Issuance of permit before completion of project. 119A.350
Investigation of applicants 119A.355
Renewal of permit. 119A.357
Requirement to notify Division in writing of certain convictions. 119A.358
Creation and maintenance of website through which licenses, permits or registrations may be renewed 119A.360
Fees. 119A.365
Disciplinary action for failure to pay money to Division.
Last Updated

Jun. 24, 2021

§ 119A.280’s source at nv​.us