NRS 453A.330
Records concerning oversight of medical marijuana establishment to be maintained by agency of local government

  • provision of records to establishment
  • fees paid by establishment
  • use of fees
  • appeal of fee.

1.

Each agency of a local government which performs inspections, reviews or other tasks related to ensuring that a medical marijuana establishment is in compliance with all applicable local governmental ordinances or rules pursuant to NRS 453A.326 shall maintain records of the hours its employees spend performing these inspections, reviews and tasks, the rate of pay of each such employee and the share of any costs for equipment for the agency which is attributable to the establishment.

2.

Each agency of a local government shall provide records maintained pursuant to subsection 1 to the medical marijuana establishment not less than 30 days after the agency performs an inspection, review or other related task.

3.

Except as otherwise provided in subsection 5:

(a)

A medical marijuana establishment shall pay a fee to an agency of a local government which provides records of its costs to the establishment pursuant to subsection 2 in an amount equal to the actual costs of the agency to perform the inspection, review or other related task.

(b)

If a medical marijuana establishment fails to pay the fee imposed by this subsection within 30 days after receipt of the records provided pursuant to subsection 2, the agency may charge a penalty of $500 and assess interest on the fee at a rate of 7 percent per year commencing 30 days after receipt of the records.

4.

Any revenue generated from a fee imposed pursuant to subsection 3:

(a)

Must be expended only to pay the costs of the agency of a local government to perform an inspection, review or other task related to ensuring the medical marijuana establishment is in compliance with all applicable local governmental ordinances or rules; and

(b)

Must not supplant any other support provided to the agency of a local government by the local government.

5.

A medical marijuana establishment may appeal a fee imposed pursuant to subsection 3 to the appropriate local government by submitting a written request to the local government not more than 30 days after the imposition of the fee which includes documentation sufficient to show that the amount of the fee is unsubstantiated or erroneous. The obligation of the medical marijuana establishment to pay the fee is suspended until such an appeal is dismissed or the amount of the fee is redetermined pursuant to subsection 7.

6.

A local government which receives a written request pursuant to subsection 5 shall administratively dismiss the request if it is not accompanied by documentation sufficient to show that the amount of the fee is unsubstantiated or erroneous.

7.

A local government shall hold a hearing to determine the appropriate amount of a fee imposed pursuant to subsection 3 if the documentation which accompanies a written request submitted pursuant to subsection 5 shows that the amount of the fee was unsubstantiated or erroneous. The local government may revise the amount of the fee only if it determines that the records maintained by the agency of the local government do not support the amount of the fee imposed.

Source: Section 453A.330 — Records concerning oversight of medical marijuana establishment to be maintained by agency of local government; provision of records to establishment; fees paid by establishment; use of fees; appeal of fee., https://www.­leg.­state.­nv.­us/NRS/NRS-453A.­html#NRS453ASec330.

Last Updated

Feb. 5, 2021

§ 453A.330’s source at nv​.us