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ust specify:
1. The membership of the committee;
2. The duties of the committee and the purpose for which it is created;
3. The period of existence of the committee; and
4. The rules for the governance of the committee.
The membership of the committee must include a member who is a representative of any business or industry which may be affected by any advice provided by the committee. The members of an advisory committee created pursuant to this section serve without compensation unless an appropriation or other money for that purpose is provided by the Legislature.
(Added to NRS by 1995, 2173)
NRS 598.096 Powers of Director, Commissioner and Attorney General. When the Commissioner, Director or Attorney General has cause to believe that any person has engaged or is engaging in any deceptive trade practice, he may:
1. Request the person to file a statement or report in writing under oath or otherwise, on such forms as may be prescribed by the Commissioner, Director or Attorney General, as to all facts and circumstances concerning the sale or advertisement of property by the person, and such other data and information as the Commissioner, Director or Attorney General may deem necessary.
2. Examine under oath any person in connection with the sale or advertisement of any property.
3. Examine any property or sample thereof, record, book, document, account or paper as he may deem necessary.
4. Make true copies, at the expense of the Consumer Affairs Division of the Department of Business and Industry, of any record, book, document, account or paper examined pursuant to subsection 3, which copies may be offered into evidence in lieu of the originals thereof in actions brought pursuant to NRS 598.097 and 598.0979.
5. Pursuant to an order of any district court, impound any sample of property which is material to the deceptive trade practice and retain the property in his possession until completion of all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued pursuant to this subsection unless:
(a) The Commissioner, Director or Attorney General, and the court give the accused full opportunity to be heard; and
(b) The Commissioner, Director or Attorney General proves by clear and convincing evidence that the business activities of the accused will not be impaired thereby.
(Added to NRS by 1973, 1485; A 1983, 883; 1993, 1799; 1997, 3195)
NRS 598.0963 Additional powers of Attorney General.
1. Whenever the Attorney General is requested in writing by the Commissioner or the Director to represent him in instituting a legal proceeding against a person who has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person on behalf of the Commissioner or Director.
2. The Attorney General may institute criminal proceedings to enforce the provisions of NRS 598.0903 to 598.0999, inclusive. The Attorney General is not required to obtain leave of the court before instituting criminal proceedings pursuant to this subsection.
3. If the Attorney General has reason to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may bring an action in the name of the State of Nevada against that person to obtain a temporary restraining order, a preliminary or permanent injunction, or other appropriate relief.
4. If the Attorney General has cause to believe that a person has engaged or is engaging in a deceptive trade practice, the Attorney General may issue a subpoena to require the testimony of any person or the production of any documents, and may administer an oath or affirmation to any person providing such testimony. The subpoena must be served upon the person in the manner required for service of process in this state or by certified mail with return receipt requested. An employee of the Attorney General may personally serve the subpoena.
(Added to NRS by 1985, 1479; A 1993, 2095; 1997, 3195)
NRS 598.0965 Commissioner or Director to provide investigative assistance to Attorney General; legal advice and guidance by Attorney General.
1. Within the limits of legislative appropriation and the availability of personnel, the Commissioner or Director shall provide investigative assistance, including the identification and use of relevant evidence in his possession, necessary for litigation referred to the Attorney General pursuant to NRS 598.0963 or 598.0979. The Attorney General shall provide legal advice and guidance to the Commissioner or Director in carrying out his powers and duties pursuant to NRS 598.0903 to 598.0999, inclusive, including the investigation of any alleged violation of those sections and the preparation for litigation.
2. Upon written request by the Attorney General, the Commissioner or Director may provide any investigative assistance, including evidence and information in his possession, for use in any action brought by the Attorney General pursuant to subsection 3 of NRS 598.0963. No request for assistance may be unreasonably denied.
(Added to NRS by 1985, 1480)—(Substituted in revision for NRS 598.514)
NRS 598.0966 Revolving Account for Consumer Affairs Division: Creation; use; deposits; withdrawals; reimbursement; duties of Commissioner.
1. There is hereby created a Revolving Account for the Consumer Affairs Division of the Department of Business and Industry in the sum of $7,500, which must be used for the payment of expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice.
2. The Commissioner shall deposit the money in the Revolving Account in a bank or credit union qualified to receive deposits of public money as provided by law, and the deposit must be secured by a depository bond satisfactory to the State Board of Examiners.
3. The Commissioner or his designee may:
(a) Sign all checks drawn upon the Revolving Account; and
(b) Make withdrawals of cash from the Revolving Account.
4. Payments made from the Revolving Account must be promptly reimbursed from the legislative appropriation, if any, to the Consumer Affairs Division for the expenses related to conducting an undercover investigation of a person who is allegedly engaging in a deceptive trade practice. The claim for reimbursement must be processed and paid as other claims against the State are paid.
5. The Commissioner shall:
(a) Approve any disbursement from the Revolving Account; and
(b) Maintain records of any such disbursement.
(Added to NRS by 1997, 157; A 1999, 1516)
NRS 598.0967 Commissioner and Director: Subpoenas; hearings; regulations.
1. The Commissioner and the Director, in addition to other powers conferred upon them by NRS 598.0903 to 598.0999, inclusive, may issue subpoenas to require the attendance of witnesses or the production of documents, conduct hearings in aid of any investigation or inquiry and prescribe such forms and adopt such regulations as may be necessary to administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include, without limitation, provisions concerning the applicability of the provisions of NRS 598.0903 to 598.0999, inclusive, to particular persons or circumstances.
2. Service of any notice or subpoena must be made as provided in N.R.C.P. 45(c).
(Added to NRS by 1973, 1485; A 1981, 95; 1983, 883; 1995, 2174; 2005, 1227)
NRS 598.097 Commissioner, Director and Attorney General: Equitable relief. If any person fails to cooperate with any investigation, as provided in NRS 598.096, or if any person fails to obey a subpoena issued by the Commissioner, Director or Attorney General pursuant to NRS 598.0963 or 598.0967, the Commissioner, Director or Attorney General may apply to any district court fo
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