[Rev. 11/22/2013 9:45:11 AM--2013]
[NAC-582 Revised Date: 10-04]
CHAPTER 582 - PUBLIC WEIGHMASTERS
582.010 Definitions.
582.020 Requirements for bond.
582.025 License as public weighmaster: Fee for issuance or renewal.
582.030 License as public weighmaster: Display.
582.035 Employment or designation of person to act as deputy public weighmaster; issuance of public weighmaster certificate based on information recorded by deputy.
582.040 Determination of weight recorded on public weighmaster certificate.
582.050 Tare weights.
582.060 Public weighmaster certificates: Form; contents.
582.070 Public weighmaster certificates: Drivers’ and loaders’ counts; voided certificates; retention of copies.
582.300 Violations: Notice of warning; civil penalties.
NAC 582.010 Definitions. (NRS 582.021, 582.025) As used in this chapter, unless the context otherwise requires:
1. “Commodity” means anything that may be weighed in a commercial transaction.
2. “Conveyance” means the vehicle, truck, railroad car, wagon, container or anything in which or upon which a commodity is being transported.
3. “Public weighmaster certificate” means a certificate of weights and measures issued by a public weighmaster.
4. “Tare weight” means the correct or actual weight of any conveyance by which a commodity is transported and excludes the weight of a commodity.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]—(NAC A by St. Sealer of Weights & Measures by R162-03, 1-27-2004)
NAC 582.020 Requirements for bond. (NRS 582.021, 582.025) Requirements for a bond of a public weighmaster are as follows:
1. The bond must be a faithful performance bond in the amount of $1,000 and must be issued by a surety company licensed to do business in this State.
2. The bond form will be supplied by the State Sealer of Weights and Measures, and the executed bond must be filed with his office.
3. The State Sealer of Weights and Measures must be notified in writing by the surety 30 days before the cancellation of a bond.
[Dep’t of Agriculture, No. 82.01, eff. 2-15-65]
NAC 582.025 License as public weighmaster: Fee for issuance or renewal. (NRS 561.105, 582.040) The fee for:
1. The issuance of a license as a public weighmaster pursuant to NRS 582.040 is $120.
2. The annual renewal of a license as a public weighmaster issued pursuant to NRS 582.040 is $100.
(Added to NAC by St. Sealer of Weights & Measures by R084-00, 6-22-2000, eff. 7-1-2000; A by Bd. of Agriculture by R001-04, 8-4-2004)
NAC 582.030 License as public weighmaster: Display. (NRS 582.021, 582.025) All licenses while in force must be kept conspicuously displayed where the weighing is performed by the party or parties to whom they have been issued.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]
NAC 582.035 Employment or designation of person to act as deputy public weighmaster; issuance of public weighmaster certificate based on information recorded by deputy. (NRS 582.021, 582.025)
1. Any public weighmaster employing or designating any person to act for him as a deputy public weighmaster is responsible for the acts performed by the person, and the public weighmaster shall forward the name and address of the person to the State Sealer of Weights and Measures.
2. A public weighmaster or his deputy may complete, sign and issue a public weighmaster certificate based on information already recorded on the certificate by another deputy who has actually performed the weighing, measuring or counting if the performance of all such persons is pursuant to the authority of the same public weighmaster’s license.
(Added to NAC by St. Sealer of Weights & Measures by R162-03, eff. 1-27-2004)
NAC 582.040 Determination of weight recorded on public weighmaster certificate. (NRS 582.021, 582.025) All weights recorded on a public weighmaster certificate by a public weighmaster or his deputy public weighmaster must be determined by weighing on the scale operated by the public weighmaster issuing the certificate.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]—(NAC A by St. Sealer of Weights & Measures by R162-03, 1-27-2004)
NAC 582.050 Tare weights. (NRS 582.021, 582.025)
1. A vehicle or other conveyance must be weighed by a public weighmaster or his deputy public weighmaster for each tare weight certification recorded except as otherwise provided in subsection 2.
2. A single tare weight per hauling vehicle or other conveyance may be used in determining the net weight of several loads of commodities, such as sand and gravel, when hauled to one customer if the tare weight for each vehicle is determined before hauling the first load in the morning and again after 1 p.m. each day.
3. A tare weight is valid for a period of 48 hours when used to determine the net weight of a commodity on a single commercial transaction.
4. As used in this section, “net weight” has the meaning ascribed to it in NRS 581.007.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]—(NAC A by St. Sealer of Weights & Measures by R162-03, 1-27-2004)
NAC 582.060 Public weighmaster certificates: Form; contents. (NRS 582.021, 582.025)
1. The form of a public weighmaster certificate must be submitted by a public weighmaster to the State Sealer of Weights and Measures for approval before the printing of a supply of certificates.
2. A public weighmaster certificate must contain all information applicable to the transaction.
3. When issuing a public weighmaster certificate for gross weight only or tare weight only, the words “gross only” may be entered in the space provided for recording the tare weight, the words “tare only” may be entered in the space provided for recording the gross weight or all unused spaces must be deleted by drawing a line through the unused spaces.
4. All information recorded must be neat, clear and complete.
5. The weighmaster or deputy weighmaster shall sign the certificate with his complete name.
6. The vehicle license number must be recorded in the proper space on the form.
7. In the case of a vehicle weighed for licensing purposes, the words “for licensing” must be written in the space provided for license numbers.
8. In the case of a vehicle or other equipment that does not display a license plate, the vehicle or equipment must be identified by other means, such as equipment number or description.
9. As used in this section, “gross weight” means the correct or actual combined weight of a commodity and the container or conveyance by which it is transported.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]—(NAC A by St. Sealer of Weights & Measures by R162-03, 1-27-2004)
NAC 582.070 Public weighmaster certificates: Drivers’ and loaders’ counts; voided certificates; retention of copies. (NRS 582.021, 582.025)
1. When a weighmaster records the number of units on a public weighmaster certificate and he has not actually determined or counted the units, he shall write the words “driver’s count” or “loader’s count” after the recorded number of units. The abbreviation “D.C.” or “L.C.” may be used in lieu of the complete words.
2. Weighmaster certificates upon which errors were made, or completed or partially completed certificates for which no claim has been made, shall be voided by writing the word “VOID” across the face of the certificate. All voided weight certificates must be preserved intact as part of the records required.
3. Copies of certificates issued and all copies of certificates voided must be kept for 3 years.
[Dep’t of Agriculture, part No. 82.02, eff. 7-20-71]
NAC 582.300 Violations: Notice of warning; civil penalties. (NRS 582.021, 582.025) Violations of the provisions of this chapter or chapter 582 of NRS are subject to the following:
1. Except as otherwise provided in subsection 2, for a first violation, the Division will impose a civil penalty of not less than $25 and not more than $100.
2. If the Division determines that a first violation was unintentional, the Division will issue a notice of warning to the person who committed the violation, without imposing a civil penalty. The notice of warning must be in writing and set forth:
(a) The statute or regulation that was violated;
(b) The action necessary to remedy the violation; and
(c) The time by which the person must remedy the violation to avoid the imposition of a civil penalty. Failure to remedy the violation by the time set forth in the notice constitutes a second violation.
3. For a second violation, the Division will impose a civil penalty of not less than $50 and not more than $500.
4. For a third or subsequent violation, the Division will impose a civil penalty of not less than $100 and not more than $1,000.
(Added to NAC by St. Sealer of Weights & Measures by R162-03, eff. 1-27-2004)