NRS
463.310 Investigations and initiation of complaints by Board;
proceedings before Commission; powers and duties of Commission.
1. The Board shall make appropriate
investigations:
(a) To determine whether there has been any
violation of this chapter or chapter 368A, 462, 464, 465 or 466 of
NRS or any regulations adopted thereunder.
(b) To determine any facts, conditions, practices
or matters which it may deem necessary or proper to aid in the enforcement of
any such law or regulation.
(c) To aid in adopting regulations.
(d) To secure information as a basis for
recommending legislation relating to this chapter or chapter 368A, 462,
464, 465 or 466 of NRS.
(e) As directed by the Commission.
2. If, after any investigation the Board
is satisfied that:
(a) A license, registration, finding of
suitability, preliminary finding of suitability, pari-mutuel license or prior
approval by the Commission of any transaction for which the approval was
required or permitted under the provisions of this chapter or chapter 462, 464
or 466 of NRS should be limited, conditioned,
suspended or revoked; or
(b) A person or entity which is licensed,
registered, found suitable or found preliminarily suitable pursuant to this
chapter or chapter 464 of NRS or which
previously obtained approval for any act or transaction for which Commission
approval was required or permitted under the provisions of this chapter or chapter 464 of NRS should be fined,
Ê the Board
shall initiate a hearing before the Commission by filing a complaint with the
Commission in accordance with NRS 463.312
and transmit therewith a summary of evidence in its possession bearing on the
matter and the transcript of testimony at any investigative hearing conducted
by or on behalf of the Board.
3. Upon receipt of the complaint of the
Board, the Commission shall review the complaint and all matter presented in
support thereof, and shall conduct further proceedings in accordance with NRS 463.3125 to 463.3145, inclusive.
4. After the provisions of subsections 1,
2 and 3 have been complied with, the Commission may:
(a) Limit, condition, suspend or revoke the
license of any licensed gaming establishment or the individual license of any
licensee without affecting the license of the establishment;
(b) Limit, condition, suspend or revoke any registration,
finding of suitability, preliminary finding of suitability, pari-mutuel
license, or prior approval given or granted to any applicant by the Commission;
(c) Order a licensed gaming establishment to keep
an individual licensee from the premises of the licensed gaming establishment
or not to pay the licensee any remuneration for services or any profits, income
or accruals on the investment of the licensee in the licensed gaming
establishment; and
(d) Fine each person or entity, or both, which is
licensed, registered, found suitable or found preliminarily suitable pursuant
to this chapter or chapter 464 of NRS or which
previously obtained approval for any act or transaction for which Commission
approval was required or permitted under the provisions of this chapter or chapter 464 of NRS:
(1) Not more than $500,000 for each
separate violation of the provisions of this chapter or chapter 368A, 464
or 465 of NRS or of any regulations adopted
thereunder, which is the subject of an initial complaint; and
(2) Not more than $1,000,000 for each
separate violation of the provisions of this chapter or chapter 368A, 464
or 465 of NRS or of any regulations adopted
thereunder, which is the subject of any subsequent complaint.
Ê All fines
must be paid to the State Treasurer for deposit in the State General Fund.
5. For the second violation of any
provision of chapter 465 of NRS by any
licensed gaming establishment or individual licensee, the Commission shall
revoke the license of the establishment or person.
6. If the Commission limits, conditions,
suspends or revokes any license or imposes a fine, or limits, conditions,
suspends or revokes any registration, finding of suitability, preliminary
finding of suitability, pari-mutuel license or prior approval, it shall issue
its written order therefor after causing to be prepared and filed its written
decision upon which the order is based.
7. Any such limitation, condition,
revocation, suspension or fine so made is effective until reversed upon
judicial review, except that the Commission may stay its order pending a
rehearing or judicial review upon such terms and conditions as it deems proper.
8. Judicial review of any such order or
decision of the Commission may be had in accordance with NRS 463.315 to 463.318, inclusive.
[31:429:1955]—(NRS A 1959,
442; 1967,
1031; 1969,
464; 1971,
565; 1973,
1269; 1975,
680; 1977,
1432; 1983,
998, 1553;
1985,
1299, 1724;
1991,
2266; 1993,
2121; 1995,
428; 2011,
715; 2013,
3804; 2015,
3772; 2025,
423)
Notes of Decisions
United States v. Hughes Props., Inc., 476 U.S. 593 (1986).
· cites it 2× “See Nev. Rev. Stat. § 463.310 (1985). It is respondent's practice to remove the money deposited by customers in its progressive machines at least twice every week and also on the last day of each month.”
Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981).
· cites it 6× “Such failure may result in a complaint being filed with the Commission pursuant to NRS 463.310, 463.312 and Reg. 7.” (Emphasis added.”
Kraft v. Jacka, 669 F. Supp. 333 (D. Nev. 1987).
· cites it 6× “Next, the plaintiffs argue that the defendants violated a clearly established constitutional or statutory right by failing to conduct a sufficient investigation, Plaintiffs cite NRS § 463.310 as authority for the proposition that they have a right to an adequate investigation.”
Sports Form, Inc. v. Leroy's Horse & Sports Place, 823 P.2d 901 (Nev. 1992).
· cites it 4× “Instead, enforcement is governed by NRS 463.141, which states: "The commission or board shall initiate proceedings or actions appropriate to enforce the provisions of this chapter.”
Rosenthal v. State of Nev., 514 F. Supp. 907 (D. Nev. 1981).
· cites it 2× “-210 (1977); NRS 463.310 (1977); NRS 463.-337 (1977). In deciding whether to grant a license, discipline a licensee, or revoke a work permit, the members of the Nevada Gaming Commission have roles and power similar to that of a judge.”
Hampe v. Foote, 47 P.3d 438 (Nev. 2002).
“6 Under NRS 463.310, the Gaming Commission and the State Gaming Control Board have the authority to investigate and review allegations that a licensee has violated gaming regulations.”
Thomas v. Bible, 694 F. Supp. 750 (D. Nev. 1988).
· cites it 2× “for the conduct of an exclusionary hearing before the Commission, including those in Nev.Rev.Stat. § 463.310 and those in the applicable sections of NGC Reg.”
Nevada Tax Comm'n v. Hicks, 310 P.2d 852 (Nev. 1957).
“(since superseded by NRS 463.310), deals with the commission’s power of revocation and suspension of licenses and provides in part, “Any such revocation or suspension so made shall become and remain effective until reversed or modified by a court of competent jurisdiction upon…”
State, Dep't of Motor Vehs. v. Bremer, 942 P.2d 145 (Nev. 1997).
“The review of tax commission action which is provided by law, NRS 463.310, subd. 7, is not an exercise of appellate jurisdiction.”
Nevada Tax Comm'n v. MacKie, 333 P.2d 985 (Nev. 1959).
· cites it 2× “140, dealing with the powers and duties of the tax commission, provides in part, “The Nevada tax commission shall have full and absolute power and authority * * * to limit, restrict, revoke or suspend any license for any cause deemed reasonable by the commission.”
State Gaming Control Bd. v. Breen, 661 P.2d 1309 (Nev. 1983).
· cites it 2× “NRS 463.310, 463.312. Judicial review of the Commission’s final decision or order is specifically allowed.”
Nevada Tax Comm'n v. Mackie, 329 P.2d 448 (Nev. 1958).
· cites it 2× “Respondents also contend that the review of tax commission action provided by NRS 463.310 is a special proceeding and that no appeal lies from the judgment of the reviewing court in such a proceeding in absence of express statutory provision.”
— Nev. Rev. Stat. § 463.310(2) — 1 case
Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981).
“Such failure may result in a complaint being filed with the Commission pursuant to NRS 463.310, 463.312 and Reg. 7.” (Emphasis added.”
— Nev. Rev. Stat. § 463.310(3) — 1 case
Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981).
“Such failure may result in a complaint being filed with the Commission pursuant to NRS 463.310, 463.312 and Reg. 7.” (Emphasis added.”
— Nev. Rev. Stat. § 463.310(4) — 2 cases
Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981).
“Such failure may result in a complaint being filed with the Commission pursuant to NRS 463.310, 463.312 and Reg. 7.” (Emphasis added.”
Nevada Tax Comm'n v. MacKie, 333 P.2d 985 (Nev. 1959).
“140, dealing with the powers and duties of the tax commission, provides in part, “The Nevada tax commission shall have full and absolute power and authority * * * to limit, restrict, revoke or suspend any license for any cause deemed reasonable by the commission.”
— Nev. Rev. Stat. § 463.310(6) — 1 case
Nevada Tax Comm'n v. MacKie, 333 P.2d 985 (Nev. 1959).
“140, dealing with the powers and duties of the tax commission, provides in part, “The Nevada tax commission shall have full and absolute power and authority * * * to limit, restrict, revoke or suspend any license for any cause deemed reasonable by the commission.”
— Nev. Rev. Stat. § 463.310(7) — 2 cases
Nevada Tax Comm'n v. Mackie, 329 P.2d 448 (Nev. 1958).
“Respondents also contend that the review of tax commission action provided by NRS 463.310 is a special proceeding and that no appeal lies from the judgment of the reviewing court in such a proceeding in absence of express statutory provision.”
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