by reason of such failure, or the representative of such employees may bring an action against the Administrator in the district court for the district in which the imminent danger is alleged to exist or the employer has its principal office, for a writ of mandamus to compel the Administrator to issue such an order and for such further relief as may be appropriate. (Added to NRS by 1973, 1015; A 1975, 773; 1981, 1538; 1989, 472) OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD NRS 618.565 Creation; number, appointment, qualifications and terms of members. 1. The Occupational Safety and Health Review Board, consisting of five members appointed by the Governor, is hereby created under the Division. 2. The Governor shall appoint: (a) Two members who are representatives of management. (b) Two members who are representatives of labor. (c) One member who is a representative of the general public. (d) One person to serve as an alternate for the representative of the general public when that member is unable to attend a meeting of the Board. At least one of the members appointed pursuant to paragraph (a) or (b) must be knowledgeable regarding occupational safety or health. 3. After the initial terms, members shall serve terms of 4 years. No member may serve more than two terms. 4. No person employed by the Division may serve as a member of the Board. (Added to NRS by 1973, 1020; A 1977, 1247; 1981, 69, 1515; 1993, 1885; 1995, 335) NRS 618.575 Officers. The members of the Board shall annually select a Chairman and Secretary from among themselves. (Added to NRS by 1973, 1020; A 1975, 773) NRS 618.585 Duties; legal counsel; quorum; decisions; records; duties, rights and responsibilities of alternate. 1. The Board shall: (a) Meet as often as necessary to hold review hearings, as provided in NRS 618.605, at such times and places as the Chairman may determine; (b) Enact rules and regulations governing the conduct of review hearings; and (c) Perform such other duties as the Division may prescribe. 2. The Board may employ legal counsel to advise it concerning matters which come before it. 3. A quorum of the Board must be present in order for the conduct of review hearings or other business. 4. A quorum consists of at least three members of the Board, at least one of whom must represent labor and one of whom must represent management. 5. All decisions of the Board must be determined by a majority decision. 6. A complete record of every review hearing must be made. 7. If the alternate for the regular member representing the general public attends a meeting of the Board in the place of the regular member, the alternate fully assumes the duties, rights and responsibilities for the duration of that meeting and is entitled to the compensation, allowances and expenses otherwise payable for members who attend that meeting. (Added to NRS by 1973, 1021; A 1975, 774; 1981, 588, 1515; 1993, 1885; 1995, 335) NRS 618.595 Compensation of members and employees. 1. Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day or portion thereof for attendance at meetings of the Board. 2. While engaged in the business of the Board, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. (Added to NRS by 1973, 1021; A 1975, 302, 774; 1981, 1990; 1985, 444; 1989, 1722) NRS 618.605 Administrative review: Notice; hearing; participation of employees. 1. Upon the receipt of any written appeal or notice of contest under NRS 618.475, the Division shall within 15 working days notify the Board of such an appeal or contest. 2. The Board shall hold a formal fact-finding hearing and render its decision based on the evidence presented at the hearing. 3. Any employee of an employer or representative of the employee may participate in and give evidence at the hearing, subject to rules and regulations of the Board governing the conduct of such hearings. (Added to NRS by 1973, 1020; A 1975, 774; 1981, 1516) UNLAWFUL ACTS; PENALTIES NRS 618.625 Assessment, payment and recovery of administrative fines; “serious violation” defined. 1. The Division may assess administrative fines provided for in this chapter, giving due consideration to the appropriateness of the penalty with respect to the size of the employer, the gravity of the violation, the good faith of the employer and the history of previous violations. 2. For purposes of this chapter, a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use in that place of employment unless the employer did not and could not, with the exercise of reasonable diligence, know of the presence of the violation. 3. Administrative fines owed under this chapter must be paid to the Division. The fines may be recovered in a civil action in the name of the Division brought in a court of competent jurisdiction in the county where the violation is alleged to have occurred or where the employer has his principal office. (Added to NRS by 1973, 1022; A 1975, 774; 1981, 588, 1516) NRS 618.635 Willful or repeated violations. Any employer who willfully or repeatedly violates any requirements of this chapter, any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, may be assessed an administrative fine of not more than $70,000 for each violation, but not less than $5,000 for each willful violation. (Added to NRS by 1973, 1022; A 1991, 2013) NRS 618.645 Serious and nonserious violations. Any employer who has received a citation for a serious violation of any requirement of this chapter, or any standard, rule, regulation or order promulgated or prescribed pursuant to this chapter, must be assessed an administrative fine of not more than $7,000 for each such violation. If a violation is specifically determined to be of a nonserious nature an administrative fine of not more than $7,000 may be assessed. (Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013) NRS 618.655 Failure to correct violations. Any employer who fails to correct a violation for which a citation has been issued under this chapter within the period permitted for its correction may be assessed an administrative fine of not more than $7,000 for each day during which the failure or violation continues. If a review proceeding is initiated by the employer in good faith and not solely to delay or avoid any penalties, the period permitted to correct a violation does not begin until the date of the final order of the Division. (Added to NRS by 1973, 1023; A 1981, 1516; 1989, 466; 1991, 2013) NRS 618.665 Refusal to submit records for inspection. Any employer who willfully refuses to submit his records for inspection, as provided by NRS 618.325, to the Administrator or his representative must be assessed an administrative fine of $200 for each offense. (Added to NRS by 1973, 1023; A 1981, 1538; 1989, 466) NRS 618.675 Failure to post and maintain notices and records. 1. An employer who fails to post the notice and records as required under the provisions of this chapter must be assessed an administrative fine of not more than $7,000 for each violation. 2. An employer who fails to maintain the notice or notices and records required by this chapter must be assessed an administrative fine of not more than $7,000 for each violation. (Added to NRS by 1973, 1023; A 1989, 466; 1991, 2013) NRS 618.685 Violation causing

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