Nev. Rev. Stat. § 366.737 — Disciplinary action for sale of special fuel which exceeds biodiesel tolerance for posted biodiesel blend

NRS  366.737    Disciplinary action for sale of special fuel which exceeds
biodiesel tolerance for posted biodiesel blend.
1.  If the Department determines through an
audit that a retailer has sold special fuel containing biodiesel or biodiesel
blend which substantially exceeds the biodiesel tolerance for the biodiesel
blend posted by the retailer, 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 special
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 special 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 special 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 special
fuel contains a biodiesel blend which exceeds the total volume displayed on the
special fuel pump in an amount established by the Department.
(b) “Supplier” includes a person who acts as a
supplier of special 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.