Nev. Rev. Stat. § 365.597 — Disciplinary action for sale of motor vehicle fuel which exceeds ethanol tolerance prescribed by federal law

NRS  365.597    Disciplinary action for sale of motor vehicle fuel which exceeds
ethanol tolerance prescribed by federal law.
1.  If the Department determines through an
audit that a retailer has sold motor vehicle fuel which substantially exceeds
the ethanol tolerance for motor vehicle fuel prescribed by federal law, the
Department may:
(a) For a first violation and each subsequent
violation committed during the first violation year, impose an administrative
fine of not more than $1,000 on the retailer and the supplier of the motor
vehicle fuel. The total fines imposed on a person pursuant to this paragraph
must not exceed $100,000.
(b) For each violation committed during the
second violation year, impose an administrative fine of not more than $2,500 on
the retailer and the supplier of the motor vehicle fuel and suspend any license
issued to the retailer or the supplier pursuant to the provisions of this
chapter for not more than 60 days. The total fines imposed on a person pursuant
to this paragraph must not exceed $250,000.
(c) For each violation committed during the third
or subsequent violation year, impose an administrative fine of not more than
$5,000 on the retailer and the supplier of the motor vehicle fuel and
permanently revoke any license issued to the retailer or the supplier pursuant
to the provisions of this chapter. The total fines imposed on a person pursuant
to this paragraph must not exceed $500,000.
2.  As used in this section:
(a) “Substantially exceeds” means that a motor
vehicle fuel contains a concentration of alcohol or is formulated in a manner
which exceeds the standards for the formulation of motor vehicle fuel
established by federal law in an amount established by the Department.
(b) “Supplier” includes a person who acts as a
supplier of motor vehicle fuel but who is not licensed to engage in business as
a supplier pursuant to the provisions of this chapter.
(c) “Violation year” means any calendar year in
which the retailer or supplier commits a violation.