Nrs: Chapter 582 - Public Weighmasters

Link to law: https://www.leg.state.nv.us/NRS/NRS-582.html
Published: 2015

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[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)