NRS 645.235
Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization

  • procedure for imposition of fine
  • judicial review
  • exceptions.

1.

In addition to any other remedy or penalty, the Commission may impose an administrative fine against any person who knowingly:

(a)

Engages or offers to engage in any activity for which a license, permit, certificate or registration or any type of authorization is required pursuant to this chapter, or any regulation adopted pursuant thereto, if the person does not hold the required license, permit, certificate or registration or has not been given the required authorization; or

(b)

Assists or offers to assist another person to commit a violation described in paragraph (a).

2.

If the Commission imposes an administrative fine against a person pursuant to this section, the amount of the administrative fine may not exceed the amount of any gain or economic benefit that the person derived from the violation or $5,000, whichever amount is greater.

3.

In determining the appropriate amount of the administrative fine, the Commission shall consider:

(a)

The severity of the violation and the degree of any harm that the violation caused to other persons;

(b)

The nature and amount of any gain or economic benefit that the person derived from the violation;

(c)

The person’s history or record of other violations; and

(d)

Any other facts or circumstances that the Commission deems to be relevant.

4.

Before the Commission may impose the administrative fine, the Commission must provide the person with notice and an opportunity to be heard.

5.

The person is entitled to judicial review of the decision of the Commission in the manner provided by chapter 233B of NRS.

6.

The provisions of this section do not apply to a person who engages or offers to engage in activities within the purview of this chapter if:

(a)

A specific statute exempts the person from complying with the provisions of this chapter with regard to those activities; and

(b)

The person is acting in accordance with the exemption while engaging or offering to engage in those activities.

Source: Section 645.235 — Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization; procedure for imposition of fine; judicial review; exceptions., https://www.­leg.­state.­nv.­us/NRS/NRS-645.­html#NRS645Sec235.

645.230
Unlawful to engage in certain conduct without license or permit or without complying with certain provisions of chapter 645.235
Administrative fine for engaging in certain conduct without license, permit, certificate, registration or authorization 645.250
Power of cities and towns to license and regulate brokers and salespersons not affected. 645.251
Licensee not required to comply with certain principles of common law. 645.252
Duties of licensee acting as agent in real estate transaction. 645.253
Licensees affiliated with same brokerage: Additional duties when assigned to separate parties to real estate transaction. 645.254
Additional duties of licensee entering into brokerage agreement to represent client in real estate transaction. 645.255
Waiver of duties of licensee prohibited. 645.256
Broker who provides asset management services to client required to provide Real Estate Division with certain information annually 645.257
Action to recover damages suffered as result of licensee’s failure to perform certain duties 645.258
Duties concerning transaction involving used manufactured home or used mobile home. 645.259
Liability of licensee for misrepresentation made by client 645.260
One act constitutes action in capacity of broker or salesperson. 645.270
Allegation and proof of licensed status in action for compensation. 645.280
Association with or compensation of unlicensed broker, broker-salesperson or salesperson unlawful 645.283
Owner-developers: Employment of licensed salespersons 645.285
Owner-developers: Form and contents of application for registration. 645.287
Owner-developers: Regulations concerning qualifications 645.289
Owner-developers: Qualifications and duties of person who acts as sales manager. 645.300
Delivery of copy of written brokerage agreement 645.310
Deposits and trust accounts: Accounting 645.313
Other financial accounts: Investigation and audit involving insolvency of broker or enforcement by Division 645.314
Administrator may charge broker for costs and fees of audit under certain circumstances 645.315
Conditions and limitations on certain advertisements 645.320
Requirements for exclusive agency representation. 645.321
Discriminatory practices unlawful 645.2515
Broker’s price opinion: Requirements 645.3205
Dealing with party to real estate transaction in manner which is deceitful, fraudulent or dishonest prohibited.
Last Updated

Jun. 24, 2021

§ 645.235’s source at nv​.us