Section 703.380 - Administrative fines1. Unless another administrative fine is specifically provided, a person, including, without limitation, a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission, or any officer, agent or employee of a public utility, alternative seller, provider of discretionary natural gas service, provider of new electric resources or holder of any certificate of registration, license or permit issued by the Commission who:(a) Violates any applicable provision of this chapter or chapter 704, 704B, 705 or 708 of NRS, including, without limitation, the failure to pay any applicable tax, fee or assessment;(b) Violates any rule or regulation of the Commission;(c) Fails, neglects or refuses to obey any order of the Commission or any order of a court requiring compliance with an order of the Commission; or(d) Provides to the Commission information which is materially inaccurate or misleading and which the person knew or through the exercise of reasonable care and diligence should have known was materially inaccurate or misleading, is liable for an administrative fine, to be assessed by the Commission after notice and the opportunity for a hearing. If the Commission determines that a violation was willful and knowing, or detrimental to public health or safety, the administrative fine must not exceed $200,000 per day for each day of the violation and not exceed $5,000,000 for any related series of violations. For any other violation, the administrative fine must not exceed $100,000 per day and not exceed $2,000,000 for any related series of violations.
2. In determining the amount of the administrative fine, and to ensure that the fine is proportional to the violation, the Commission shall consider: (a) The appropriateness of the fine to the size of the business of the person charged;(b) The nature, circumstances and gravity of the violation, including, without limitation, the actual or potential financial impact and actual or potential impact on public health and safety of the violation;(c) Whether the violation was willful;(d) The good faith of the person charged in detecting and voluntarily disclosing the violation to the Commission;(e) The good faith of the person charged in attempting to achieve compliance after notification of the violation and to prevent the reoccurrence of similar violations in the future;(f) The history of compliance or noncompliance, including, without limitation, any repeated violations committed by the person charged;(g) The economic benefit of the violation, or lack thereof, to the person charged;(h) The amounts of administrative fines assessed previously by the Commission for similar violations, if any; and(i) Such other factors as are necessary to determine the reasonableness of the administrative fine.3. The limitations on the amount of an administrative fine in subsection 1 do not restrict the authority of the Commission to require a public utility to restore funding to a program or account as necessary to achieve compliance with an applicable statute or regulation or an order of the Commission.4. An administrative fine assessed pursuant to this section is not a cost of service of a public utility and may not be included in any new application by a public utility for a rate adjustment or rate increase.5. All money collected by the Commission as an administrative fine pursuant to this section must be deposited in the State General Fund.6. The Commission may bring an appropriate action in its own name for the collection of any administrative fine that is assessed pursuant to this section. A court shall award costs and reasonable attorney's fees to the prevailing party in an action brought pursuant to this subsection.7. The administrative fine prescribed by this section is in addition to any other remedies, other than a monetary fine, provided by law, including, without limitation, the authority of the Commission to revoke a certificate of public convenience and necessity, license or permit pursuant to NRS 703.377.Added to NRS by 1981, 1597; A 1985, 2048; 1997, 1889; 2003, 3027; 2007, 35; 2015, 1389, 1413; 2021, 269Amended by 2021, Ch. 66,§2, eff. 7/1/2021.Added to NRS by 1981, 1597; A 1985, 2048; 1997, 1889; 2003, 3027; 2007, 35