NRS 449B.485: Penalty for unlicensed operation; cease and desist order; authority of Division to bring action; use of money collected.

1. In addition to the payment of the amount required by NRS 449B.150 and any civil penalty imposed pursuant to subsection 4, a person who operates an agency to provide personal care services in the home without a license issued by the Division is guilty of a misdemeanor.

2. If the Division believes that a person is operating an agency to provide personal care services in the home without such a license, the Division may issue an order to cease and desist the operation of the agency. The order must be served upon the person by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.

3. If a person does not voluntarily cease operating an agency to provide personal care services in the home without a license or apply for licensure within 30 days after the date of service of the order pursuant to subsection 2, the Division may bring an action in a court of competent jurisdiction pursuant to NRS 449B.490.

4. Upon a showing by the Division that a person is operating an agency to provide personal care services in the home without a license, a court of competent jurisdiction may:

(a) Enjoin the person from operating the agency.

(b) Impose a civil penalty on the operator to be recovered by the Division of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.

5. Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (b) of subsection 4 into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449B.010 to 449B.495, inclusive, and to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards.