[Rev. 2/11/2015 11:28:21
AM--2014R2]
CHAPTER 582 - PUBLIC WEIGHMASTERS
GENERAL PROVISIONS
NRS 582.001 Definitions.
NRS 582.004 “Division”
defined.
NRS 582.011 “Public
weighing” defined.
NRS 582.012 “Public
weighmaster” defined.
NRS 582.017 “Vehicle”
defined.
ADMINISTRATION
NRS 582.021 Duties
of State Sealer of Consumer Equitability.
NRS 582.025 General
authority to adopt regulations.
NRS 582.026 Enforcement
of chapter: Authority to obtain restraining order or temporary or permanent
injunction.
PUBLIC WEIGHMASTERS
NRS 582.028 License
required; qualifications.
NRS 582.029 Licenses:
Persons exempt from licensing; issuance of certificate of weights and measures
prohibited without license.
NRS 582.030 Licenses:
Application; test of weighing apparatus; inspection of premises.
NRS 582.031 Licenses:
Evidence of qualifications.
NRS 582.0311 Licenses:
Determination of qualifications; examination.
NRS 582.032 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of State Sealer of Consumer Equitability. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 582.034 Licenses:
Application to include social security number of applicant. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 582.040 Licenses:
Issuance; fee.
NRS 582.043 Licenses:
Record of licenses issued.
NRS 582.045 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 582.047 Renewal
of license: Requirements; duties of State Sealer of Consumer Equitability;
grounds for denial of renewal.
NRS 582.049 Licenses:
Additional grounds for suspension or revocation.
CERTIFICATES OF WEIGHTS AND MEASURES
NRS 582.085 Prima
facie evidence of accuracy of measurement; contents of certificate.
NRS 582.095 Requirements
for entry of measurement values.
NRS 582.115 Maintenance
of copies of certificates issued; inspection of certificates.
NRS 582.125 Acceptance
of certificates issued by public weighmasters of other states.
STANDARDS FOR PUBLIC WEIGHING
NRS 582.200 Measurement
practices and equipment.
NRS 582.210 Requirements
for weighing vehicle or combination of vehicles; variance.
UNLAWFUL ACTS AND PENALTIES
NRS 582.300 Prohibited
acts; civil penalty.
NRS 582.310 Civil
penalties: Administrative appeal; judicial review; payment; civil action for
recovery; deposit in county school district fund.
NRS 582.320 Criminal
penalties.
_________
GENERAL PROVISIONS
NRS 582.001 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 582.004 to 582.017, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 2003, 2321)
NRS 582.004 “Division” defined. “Division”
means the Division of Consumer Equitability of the State Department of
Agriculture.
(Added to NRS by 2003, 2321; A 2013, 2479)
NRS 582.011 “Public weighing” defined. “Public
weighing” means the weighing, measuring or counting, upon request, of vehicles,
property, produce, commodities or articles other than those that the weigher or
the employer of the weigher, if any, is either buying or selling.
(Added to NRS by 2003, 2321)
NRS 582.012 “Public weighmaster” defined. “Public
weighmaster” means any person who performs public weighing.
(Added to NRS by 2003, 2321)
NRS 582.017 “Vehicle” defined. “Vehicle”
means any device other than a railroad freight car in, upon or by which any
property, produce, commodity or article is or may be transported or drawn.
(Added to NRS by 2003, 2321)
ADMINISTRATION
NRS 582.021 Duties of State Sealer of Consumer Equitability. The State Sealer of Consumer Equitability
shall:
1. Enforce the provisions of this chapter;
2. Adopt regulations establishing a
schedule of civil penalties for any violation of this chapter;
3. Adopt reasonable regulations for the
enforcement of this chapter; and
4. Adopt regulations relating to public
weighing that include, without limitation:
(a) The qualifications of an applicant for a
license as a public weighmaster;
(b) Requirements for the renewal of a license as
a public weighmaster;
(c) The period of validity of a license as a
public weighmaster;
(d) Measurement practices that must be followed,
including the measurement or recording of tare weight;
(e) The required information to be submitted with
or as part of a certificate of weights and measures; and
(f) The period for which records must be kept.
(Added to NRS by 2003, 2321; A 2013, 2479)
NRS 582.025 General authority to adopt regulations. The
State Sealer of Consumer Equitability may adopt such regulations as are
reasonably necessary to carry out the provisions of this chapter. Any such
regulations shall comply, insofar as practicable, with specifications,
tolerances and regulations recommended by the National Institute of Standards
and Technologies.
(Added to NRS by 1971, 345; A 1977, 614; 2003, 2326; 2013, 2479)
NRS 582.026 Enforcement of chapter: Authority to obtain restraining order or
temporary or permanent injunction. The
State Sealer of Consumer Equitability may apply to a court of competent
jurisdiction for a restraining order, or a temporary or permanent injunction,
restraining a person from violating any provision of this chapter or any
regulation adopted pursuant thereto.
(Added to NRS by 2003, 2326; A 2013, 2479)
PUBLIC WEIGHMASTERS
NRS 582.028 License required; qualifications. Except
as otherwise provided in NRS 582.029, to act as a
public weighmaster, a person must receive a license from the State Sealer of
Consumer Equitability. To qualify for a license, a person must:
1. Be able to weigh and measure
accurately;
2. Be able to generate correct
certificates of weights and measures; and
3. Possess such other qualifications as
required by the regulations adopted pursuant to this chapter.
(Added to NRS by 2003, 2322; A 2013, 2480)
NRS 582.029 Licenses: Persons exempt from licensing; issuance of certificate
of weights and measures prohibited without license.
1. Except as otherwise provided in this
section, the following persons may, but are not required to, obtain licenses as
public weighmasters to engage in public weighing:
(a) A law enforcement or weights and measures
officer or other qualified employee of the State, a city or a county agency or
institution when acting within the scope of official duties.
(b) A person weighing property, produce,
commodities or articles:
(1) That the person or the person’s
employer is buying or selling; or
(2) In conformity with the requirements of
federal statutes or the statutes of this state relating to warehousemen or
processors.
2. A person described in subsection 1
shall not issue a certificate of weights and measures unless the person holds a
license as a public weighmaster.
(Added to NRS by 2003, 2324)
NRS 582.030 Licenses: Application; test of weighing apparatus; inspection of
premises.
1. Any person may apply to the State
Sealer of Consumer Equitability for licensure as a public weighmaster with
authority to issue state certificates of weights and measures upon which the
purchase or sale of commodities or charge for services or equipment will be
based.
2. Before issuing a license as a public
weighmaster, the State Sealer of Consumer Equitability or a deputy thereof
must:
(a) Test all weighing apparatus to be used.
(b) Inspect the premises intended for such use.
(c) Be satisfied that the applicant is in every
way equipped, qualified, competent and of such character that the person should
be issued a license as a public weighmaster.
[Part 1:92:1923; NCL § 8307] + [Part 9:92:1923; A
1955, 295]—(NRS A 1977,
614; 2003,
2326; 2013,
2480)
NRS 582.031 Licenses: Evidence of qualifications. An
applicant for a license as a public weighmaster must furnish evidence on a form
provided by the State Sealer of Consumer Equitability that the applicant has
the qualifications required by NRS 582.028.
(Added to NRS by 2003, 2322; A 2013, 2480)
NRS 582.0311 Licenses: Determination of qualifications; examination. The State Sealer of Consumer Equitability
shall determine the qualifications of an applicant for a license as a public
weighmaster based on:
1. The information provided on the application
and any supplementary information determined appropriate by the State Sealer of
Consumer Equitability; and
2. The results of an examination of the
knowledge of the applicant.
(Added to NRS by 2003, 2322; A 2013, 2480)
NRS 582.032 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of State Sealer of Consumer Equitability.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of a license as a public weighmaster shall submit to the State Sealer
of Consumer Equitability the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The State Sealer of Consumer
Equitability shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of a license as a public weighmaster;
or
(b) A separate form prescribed by the State
Sealer of Consumer Equitability.
3. A license as a public weighmaster may
not be issued or renewed by the State Sealer of Consumer Equitability pursuant
to NRS 581.103 if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that he or she is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that he or she is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the State
Sealer of Consumer Equitability shall advise the applicant to contact the
district attorney or other public agency enforcing the order to determine the
actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2098; A 2003, 2326; 2013, 2480)
NRS 582.034 Licenses: Application to include social security number of
applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] An application for a license as a public
weighmaster must include the social security number of the applicant.
(Added to NRS by 1997, 2099; A 2003, 2327)
NRS 582.040 Licenses: Issuance; fee. If
satisfied with the qualifications of the applicant, the State Sealer of
Consumer Equitability shall issue a license as a public weighmaster, for which
license the State Sealer of Consumer Equitability shall charge a fee
established by regulation of the State Board of Agriculture.
[Part 9:92:1923; A 1955, 295]—(NRS A 1967, 101; 1977, 614; 1983, 1102; 1999, 3599; 2003, 2327; 2013, 2481)
NRS 582.043 Licenses: Record of licenses issued. The
State Sealer of Consumer Equitability shall:
1. Grant licenses as public weighmasters
to qualified applicants; and
2. Keep a record of all applications
submitted and all licenses issued.
(Added to NRS by 2003, 2322; A 2013, 2481)
NRS 582.045 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the State Sealer of Consumer
Equitability receives a copy of a court order issued pursuant to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is licensed as a public
weighmaster, the State Sealer of Consumer Equitability shall deem the license
to be suspended at the end of the 30th day after the date on which the court
order was issued unless the State Sealer of Consumer Equitability receives a
letter issued to the licensee by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the licensee has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The State Sealer of Consumer
Equitability shall reinstate a license of appointment as a public weighmaster
suspended by a district court pursuant to NRS
425.540 if the State Sealer of Consumer Equitability receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2098; A 2003, 2327; 2013, 2481)
NRS 582.047 Renewal of license: Requirements; duties of State Sealer of
Consumer Equitability; grounds for denial of renewal.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a license as a
public weighmaster must indicate in the application submitted to the State
Sealer of Consumer Equitability whether the applicant has a state business
license. If the applicant has a state business license, the applicant must
include in the application the state business license number assigned by the
Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license as a public weighmaster may
not be renewed by the State Sealer of Consumer Equitability if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the State
Sealer of Consumer Equitability pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a
debt to an agency that has been assigned to the State Controller for collection
and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2739)
NRS 582.049 Licenses: Additional grounds for suspension or revocation. The State Sealer of Consumer Equitability may
suspend or revoke the license of a public weighmaster:
1. When, following a hearing held after 10
days’ notice to the licensee, the State Sealer of Consumer Equitability is
satisfied that the licensee has violated a provision of this chapter or any
regulation adopted pursuant thereto;
2. When the licensee has been convicted in
a court of competent jurisdiction of violating a provision of this chapter or
any regulation adopted pursuant thereto; or
3. When the licensee is convicted of a
felony.
(Added to NRS by 2003, 2325; A 2013, 2481)
CERTIFICATES OF WEIGHTS AND MEASURES
NRS 582.085 Prima facie evidence of accuracy of measurement; contents of
certificate.
1. A certificate of weights and measures,
when properly filled out and signed, is prima facie evidence of the accuracy of
the measurements shown.
2. The design of and the information to be
furnished on a certificate of weights and measures must be prescribed by the
State Sealer of Consumer Equitability by regulation, and include, without
limitation:
(a) The name and license number of the public
weighmaster;
(b) The kind of commodity weighed, measured or
counted;
(c) The name of the owner, agent or consignee of
the commodity;
(d) The name of the recipient of the commodity,
if applicable;
(e) The date on which the certificate is issued;
(f) The consecutive number of the certificate;
(g) The identification, including any
identification number, of the carrier transporting the commodity, and the
identification number or license number of the vehicle;
(h) Any relevant information needed to
distinguish or identify the commodity from a like kind;
(i) The number of units of the commodity, if
applicable;
(j) The measure of the commodity, if applicable;
(k) The weight or mass of the commodity and the
vehicle or container, if applicable, as follows:
(1) The gross weight of the commodity and
the associated vehicle or container;
(2) The tare weight of the unladened
vehicle or container; or
(3) Both the gross and tare weight and the
resultant net weight of the commodity; and
(l) The signature of the public weighmaster who
determined the weight, measure or count.
(Added to NRS by 2003, 2322; A 2013, 2482)
NRS 582.095 Requirements for entry of measurement values.
1. When filling out a certificate of
weights and measures, a public weighmaster:
(a) Shall enter the measurement values so that
the certificate clearly shows that the measurements were actually determined;
(b) Shall enter only the measurement values
personally determined; and
(c) Shall not enter any measurement values
determined by other persons.
2. If the certificate of weights and
measures provides for entries of gross, tare or net weight or measure, the public
weighmaster shall:
(a) Strike out or otherwise cancel the printed
entries for the values not determined; or
(b) If the values were not determined on the same
scale or on the same date shown on the certificate, enter on the certificate
the scale and date on which the values were determined.
(Added to NRS by 2003, 2322)
NRS 582.115 Maintenance of copies of certificates issued; inspection of
certificates. A public weighmaster
shall keep and preserve a legible copy of each certificate of weights and
measures which the public weighmaster issues for the period specified by the
State Sealer of Consumer Equitability by regulation. The certificates must be
available for inspection by an authorized employee of the Division during
normal office hours.
(Added to NRS by 2003, 2324; A 2013, 2482)
NRS 582.125 Acceptance of certificates issued by public weighmasters of
other states. The State Sealer of
Consumer Equitability may recognize and accept certificates of weights and
measures issued by licensed public weighmasters of any other state if that
other state recognizes and accepts certificates of weights and measures issued
by licensed public weighmasters of this state.
(Added to NRS by 2003, 2324; A 2013, 2482)
STANDARDS FOR PUBLIC WEIGHING
NRS 582.200 Measurement practices and equipment. A
public weighmaster shall only use measurement practices and equipment:
1. In accordance with the provisions of
this chapter and any regulations adopted pursuant thereto; and
2. That have been examined, tested and
approved for use by an authorized employee of the Division.
(Added to NRS by 2003, 2323)
NRS 582.210 Requirements for weighing vehicle or combination of vehicles;
variance.
1. Except as otherwise provided in
subsection 2:
(a) A public weighmaster shall not weigh a
vehicle or combination of vehicles when part of the vehicle or connected
combination is not resting fully, completely and as one entire unit on the
scale.
(b) When weighing a combination of vehicles that
will not rest fully, completely and as one complete unit on the scale platform:
(1) The combination of vehicles must be
disconnected and weighed in single drafts; and
(2) The weights of the single drafts may
be combined in order to issue a single certificate of weights and measures for
the combination, provided that the certificate indicates that the total
represents a combination of single draft weighings.
2. A public weighmaster who operates a
vehicle scale that was installed before January 1, 2004, may apply to the State
Sealer of Consumer Equitability for a permanent variance from the requirements
of subsection 1 that would allow the split weighing of certain vehicles or
combinations of vehicles. The request must contain:
(a) The name, address and telephone number of the
public weighmaster and the reason for the request.
(b) The name of the manufacturer, and the type,
location, deck length, serial number and capacity, of the vehicle scale.
(c) The maximum distance between the front and
rear outer axles of a vehicle or combination of vehicles to which the variance
would apply.
(d) A statement certifying that, during the split
weighing of any vehicle or combination of vehicles, the public weighmaster will
verify that:
(1) Each axle of the vehicle or
combination of vehicles rests on a straight surface which is level with the
deck of the vehicle scale or which, if not level, the amount by which it is out
of level does not exceed 1/3 inch per foot of distance between the deck of the
vehicle scale and the axle;
(2) The brakes of the vehicle or
combination of vehicles are not used; and
(3) The transmission of the vehicle or
combination of vehicles is in neutral.
(Added to NRS by 2003, 2323; A 2013, 2483)
UNLAWFUL ACTS AND PENALTIES
NRS 582.300 Prohibited acts; civil penalty.
1. A person shall not:
(a) Except as otherwise provided in NRS 582.029, act as a public weighmaster without a
valid license, including, without limitation:
(1) Assuming the title of public
weighmaster or any similar title;
(2) Performing the duties or acts to be
performed by a public weighmaster;
(3) Holding himself or herself out as a
public weighmaster;
(4) Issuing any certificate of weights and
measures, ticket, memorandum or statement for which a fee is charged; or
(5) Engaging in a full-time or part-time
business of measuring for hire;
(b) Use or operate any device for purposes of
certification that does not meet, or is not operated in accordance with, the
provisions of chapter 581 of NRS and any
regulations adopted pursuant thereto relating to the specifications, tolerances
and other technical requirements for weighing and measuring devices;
(c) Falsify a certificate of weights and measures
or falsely certify any gross, tare or net weight or measure required by this
chapter to be on the certificate;
(d) Refuse without cause to weigh or measure any
article or thing which is the person’s duty to weigh or measure, or refuse to
state in any certificate anything required to be therein;
(e) Hinder or obstruct in any way the State
Sealer of Consumer Equitability or an authorized agent thereof in the performance
of the official duties of the State Sealer of Consumer Equitability under this
chapter;
(f) Violate any provision of this chapter or any
regulation adopted pursuant thereto;
(g) Delegate his or her authority to a person not
licensed as a public weighmaster;
(h) Request a false certificate of weights and
measures, or request a public weighmaster to weigh, measure or count property
or produce, or a vehicle, commodity or any other article falsely or
incorrectly;
(i) Issue a certificate simulating the certificate
of weights and measures issued pursuant to this chapter; or
(j) Use or possess a device for weighing and
measuring which has been altered to facilitate fraud.
2. A person who violates any provision of
this section is, in addition to any criminal penalty that may be imposed,
subject to a civil penalty in accordance with the schedule of civil penalties
established by the State Sealer of Consumer Equitability pursuant to NRS 582.021.
(Added to NRS by 2003, 2324; A 2013, 2483)
NRS 582.310 Civil penalties: Administrative appeal; judicial review;
payment; civil action for recovery; deposit in county school district fund.
1. A person subject to a civil penalty may
request an administrative hearing within 10 days after receipt of the notice of
the civil penalty. The State Sealer of Consumer Equitability or a designee
thereof shall conduct the hearing after giving appropriate notice to the
respondent. The decision of the State Sealer of Consumer Equitability or
designee is subject to appropriate judicial review.
2. If the respondent has exhausted all
administrative appeals and the civil penalty has been upheld, the respondent
shall pay the civil penalty:
(a) If no petition for judicial review is filed
pursuant to NRS 233B.130, within 40
days after the final decision of the State Sealer of Consumer Equitability; or
(b) If a petition for judicial review is filed
pursuant to NRS 233B.130 and the
civil penalty is upheld, within 10 days after the effective date of the final
decision of the court.
3. If the respondent fails to pay the civil
penalty, a civil action may be brought by the State Sealer of Consumer
Equitability in any court of competent jurisdiction to recover the civil
penalty. All civil penalties collected pursuant to this chapter must be
remitted to the county treasurer of the county in which the violation occurred
for credit to the county school district fund.
(Added to NRS by 2003, 2325; A 2013, 2484)
NRS 582.320 Criminal penalties.
1. Except as otherwise provided in
subsection 2, a person who by himself or herself, by a servant or agent, or as
the servant or agent of another person, violates any provision of this chapter
is guilty of a gross misdemeanor and shall be punished by imprisonment in the
county jail for not less than 6 months or more than 364 days, or by a fine of
not less than $1,000 or more than $5,000, or by both fine and imprisonment.
2. A person who by himself or herself, by
a servant or agent, or as the servant or agent of another person:
(a) Intentionally violates any provision of this
chapter or any regulation adopted pursuant thereto; or
(b) Is convicted pursuant to subsection 1 more
than three times in a 2-year period,
Ê is guilty of
a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 2003, 2325; A 2013, 989)
