[Rev. 12/2/2022 3:27:26 PM]

[NAC-590 Revised Date: 11-22]

CHAPTER 590 - MOTOR VEHICLE FUEL, PETROLEUM PRODUCTS AND ANTIFREEZE

ANTIFREEZE

590.010        Adoption by reference of standard specifications for antifreeze; availability of standards for inspection and purchase.

590.015        License fee.

590.020        Prohibited acts.

590.035        Availability of Volume 15.05, “Engine Coolants and Related Fluids; Halogenated Organic Solvents and Fire Extinguishing Agents” of Annual Book of ASTM Standards.

FUELS

590.041        “Gallon” defined.

590.045        Availability of copies of standards adopted by reference.

590.048        Motor oil: Adoption by reference of standard specifications; compliance with standard and viscosity grade specification.

590.050        Diesel fuel: Adoption by reference of standard specifications; posting of grade.

590.0505      Diesel fuel labeled “premier,” “premium,” “super” or “supreme”: Adoption by reference of standard specifications; compliance with certain requirements.

590.051        Biodiesel and diesel fuel: Adoption by reference of standard specifications; requirements for certain biodiesel fuel blends.

590.052        Methanol fuel blends: Adoption by reference of standard specifications.

590.053        Ethanol fuel blends: Adoption by reference of standard specifications.

590.054        Chemical composition of gases by mass spectrometry: Adoption by reference of standard test method; restrictions on hydrogen sold or supplied in State.

590.055        Aviation fuel: Adoption by reference of standard specifications.

590.059        Motor vehicle fuel: Posting of octane rating number on pump or other device; required accuracy of rating number; posting of label indicating that fuel contains manganese.

590.061        Gasoline: Adoption by reference of antiknock index for testing octane rating; determination of octane rating number; octane rating requirement for fuel sold in certain areas; requirements for proof of transfer of fuel.

590.065        Gasoline: Adoption by reference of standard specifications for automotive spark-ignition engine fuel; limitations on vapor pressure; limitations on sale or supply based on contents.

590.066        Gasoline: Request for variance from compliance with motor vehicle fuel standards.

590.070        Administrative penalties for sale of nonconforming fuel.

ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS

590.090        Civil penalties for violation of provision of NRS 590.160 to 590.330, inclusive.

LIQUEFIED PETROLEUM GAS

General Provisions

590.100        Definitions.

590.110        “Approved” defined.

590.120        “Board” defined.

590.130        “Building” defined.

590.140        “Container” defined.

590.150        “Cylinder” defined.

590.160        “LP gas” defined.

590.190        “Property line” defined.

Licensing and Practice

590.235        Unlicensed installation, facility or service: Operation or supply unlawful; recovery of license fees and investigative costs and imposition of penalty fees.

590.240        Fees; reduction in certain fees for holder of multiple classifications at same location.

590.241        Payment of charges billed to licensee by Board; resolution of disputed charges.

590.243        Period of validity of license.

590.245        Renewal of expired license; fees.

590.250        Plans required to be submitted with application for class 1, 2, 4 or 5 license; approval of plans.

590.253        Qualified persons: Connection with or employment by licensee or applicant required for issuance or renewal of certain licenses; performance of safety sensitive functions.

590.260        Actual bona fide residence of emergency personnel; report of transfer or change of residence.

590.270        Insurance.

590.280        Holder of class 1A, 1B or 2A license: Disclosure of information; notification of new customer by licensee.

590.290        Holder of class 1 or class 2 license: Provision of certain information and notice; response to certain requests.

590.311        Certificate of competency: Types.

590.315        Certificate of competency: Application; reexamination without additional fee; additional certificate of competency without additional fee.

590.320        Certificate of competency: Examination of applicant or holder; waiver of examination.

590.340        Certificate of competency: Issuance.

590.350        Certificate of competency: Expiration.

590.360        Certificate of competency: Renewal.

590.365        Certificate of competency: Approval of courses for continuing education.

590.380        Certificate of competency: Lapse; suspension; revocation; reapplication.

Installations

590.450        Installation for dispensing LP gas for resale.

590.452        Installation and modification of LP gas equipment.

590.454        Installation for dispensing LP gas.

590.456        Installation of cabinet for LP gas cylinder exchange.

590.460        Installation of tanks.

590.480        Installation of underground tank; removal of abandoned tank.

590.520        Reports of accidents.

590.530        Condemnation of installations.

Containers

590.550        Maintenance of access.

590.560        Disconnection from service; removal at request of customer; licensee prohibited from charging fee solely for termination of service by customer.

Regulations Adopted by Reference

590.600        Adoption by reference of regulations for liquefied petroleum gas.

590.610        Adoption by reference of regulations for fuel gas.

590.615        Adoption by reference of regulations for use of flame effects before audience.

590.620        Adoption by reference of regulations for manufactured home installations, sites and communities.

590.640        Adoption by reference of regulations for recreational vehicles.

Administrative Proceedings

590.644        Definitions.

590.647        Staff: Logging and recording of certain records.

590.648        Confidentiality of certain documents and information.

590.650        Complaint: Filing; review by staff; mediated resolution; investigation under certain circumstances.

590.657        Investigation of complaint or information; notice of hearing and formal complaint; answer.

590.658        Issuance of citation and imposition of administrative fine in lieu of formal complaint; schedule of administrative fines; hearing upon request.

590.660        Joining of formal complaints.

590.664        Exchange of copies of documents and lists of witnesses.

590.677        Hearings: Procedure; documents included in record; order of presentation; evidence.

590.680        Hearings: Appearance and representation of parties; qualification of attorney.

590.684        Disciplinary proceedings: Grounds for discipline.

590.687        Disciplinary proceedings: Final order or decision of Board.

590.690        Board authorized to recover investigative costs and impose penalty fees for violation alleged in citation or formal complaint.

FEE FOR CERTAIN FUELS AND HEATING OIL

590.800        Payment by dealers and suppliers.

590.810        Provision of refund or credit for exportation.

 

ANTIFREEZE

      NAC 590.010  Adoption by reference of standard specifications for antifreeze; availability of standards for inspection and purchase. (NRS 590.400)

     1.  The specifications for antifreeze based on ethylene glycol and the specifications for antifreeze based on propylene glycol, including, without limitation, prediluted and concentrated antifreeze, contained in the most recent version of ASTM D3306, “Standard Specification for Glycol Base Engine Coolant for Automobile and Light-Duty Service,” set forth in Volume 15.05, “Engine Coolants and Related Fluids; Halogenated Organic Solvents and Fire Extinguishing Agents” of the Annual Book of ASTM Standards published by ASTM International are hereby adopted by reference. Each new revision of that standard shall be deemed approved by the State Sealer of Measurement Standards unless the revision is disapproved by the State Sealer of Measurement Standards or his or her designee within 120 days after the date of publication of the revision by ASTM International. A copy of the standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, or at the Internet address http://www.astm.org, for the price of $52.

     2.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     [Dep’t of Agriculture, No. 90.30, eff. 5-1-73]—(NAC A 3-17-86; 8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002; A by St. Sealer of Consumer Equitability by R107-15, 3-10-2016; R081-20, 12-29-2020)

      NAC 590.015  License fee. (NRS 590.380)  A manufacturer, packer, seller or distributor of antifreeze shall pay a license fee of $50 for each brand of antifreeze submitted to the State Sealer of Measurement Standards pursuant to NRS 590.380.

     (Added NAC by Bd. of Agriculture by R097-99, 12-10-99, eff. 1-1-2000; A by R094-15, 4-4-2016)

      NAC 590.020  Prohibited acts. (NRS 590.400)  A person shall not sell or distribute an antifreeze that is not based on glycols for use in an internal combustion engine.

     [Dep’t of Agriculture, No. 90.31, eff. 5-1-73]—(NAC A 3-17-86; 8-9-94)

      NAC 590.035  Availability of Volume 15.05, “Engine Coolants and Related Fluids; Halogenated Organic Solvents and Fire Extinguishing Agents” of Annual Book of ASTM Standards. (NRS 590.400)  Volume 15.05, “Engine Coolants and Related Fluids; Halogenated Organic Solvents and Fire Extinguishing Agents” of the Annual Book of ASTM Standards, is available for inspection at the offices of the State Department of Agriculture, Division of Measurement Standards, 405 South 21st Street, Sparks, Nevada 89431, 2300 East Saint Louis Avenue, Las Vegas, Nevada 89104, and 4780 East Idaho Street, Elko, Nevada 89801. The volume may be purchased at a cost of $211 for a printed copy and $276 for an electronic copy from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org.

     (Added to NAC by Bd. of Agriculture, eff. 8-9-94; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; R200-01, 5-31-2002; A by St. Sealer of Consumer Equitability by R107-15, 3-10-2016; R081-20, 12-29-2020)

FUELS

      NAC 590.041  “Gallon” defined. (NRS 561.105, 590.070)  As used in NAC 590.041 to 590.070, inclusive, unless the context otherwise requires, “gallon” means 231 cubic inches.

     (Added to NAC by Dep’t of Agriculture, eff. 3-27-92; A by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R064-01, 12-17-2001; R010-09, 10-27-2009; R080-20, 12-29-2020)

      NAC 590.045  Availability of copies of standards adopted by reference. (NRS 590.070, 590.073, 590.100)  A copy of each standard adopted by reference pursuant to NAC 590.041 to 590.070, inclusive, is available for inspection at the offices of the State Department of Agriculture, Division of Measurement Standards located at 405 South 21st Street, Sparks, Nevada 89431, 2300 East Saint Louis Avenue, Las Vegas, Nevada 89104, and 4780 East Idaho Street, Elko, Nevada 89801.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by St. Sealer of Weights & Measures, 11-18-93; A by Bd. of Agriculture, 8-9-94; R145-98, 12-14-98; A by St. Sealer of Weights & Measures by R149-98, 12-14-98; A by Bd. of Agriculture by R176-01, 5-31-2002; R106-10, 2-20-2013; R080-20, 12-29-2020; A by St. Sealer of Consumer Equitability by R081-20, 12-29-2020)

      NAC 590.048  Motor oil: Adoption by reference of standard specifications; compliance with standard and viscosity grade specification. (NRS 561.105, 590.040, 590.080)

     1.  The State Board of Agriculture hereby adopts by reference the most recent version of the following standards published by SAE International:

     (a) SAE J183, “Engine Oil Performance and Engine Service Classification”; and

     (b) SAE J300, “Engine Oil Viscosity Classification.”

     2.  Each new revision of the standards adopted by reference in subsection 1 shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by SAE International. A copy of each standard is available for inspection pursuant to NAC 590.045 and may be purchased from SAE International, 400 Commonwealth Drive, Warrendale, PA 15096-0001, or at the Internet address http://www.sae.org for the price of $83.

     3.  All motor oil offered for sale in this State must meet the standard set forth in SAE J183. Motor oil offered for sale in this State that is labeled with a viscosity grade specification must also meet the standard of that specification pursuant to SAE J300.

     4.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by SAE International or ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by Bd. of Agriculture by R080-20, eff. 12-29-2020)

      NAC 590.050  Diesel fuel: Adoption by reference of standard specifications; posting of grade. (NRS 561.105, 590.070, 590.100)

     1.  Except as otherwise provided in subsection 2, the State Board of Agriculture hereby adopts by reference the most recent version of ASTM D975, “Standard Specification for Diesel Fuel,” contained in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. A copy of the standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $75.

     2.  The flash point for No. 2 diesel fuel must not be lower than 37.8 degrees Celsius (100 degrees Fahrenheit) when the No. 2 diesel fuel has been treated to prevent gelling and the No. 2 diesel fuel has been labeled “winterized.”

     3.  The grade assigned by ASTM International for diesel fuel:

     (a) Dispensed from a pump or other device for dispensing the diesel fuel must be posted on that pump or device, except that such posting does not need to include the term “Ultra Low Sulfur Diesel” or “ULSD.”

     (b) Transported or stored in a vehicle which is used for the delivery of diesel fuel must be posted on the label of that vehicle as required pursuant to NRS 590.040.

     4.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by Dep’t of Agriculture, eff. 12-9-81; A by St. Sealer of Weights & Measures, 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; R145-98, 12-14-98; R176-01, 5-31-2002; R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.0505  Diesel fuel labeled “premier,” “premium,” “super” or “supreme”: Adoption by reference of standard specifications; compliance with certain requirements. (NRS 561.105, 590.070)

     1.  The State Board of Agriculture hereby adopts by reference the most recent version of the standards set forth in paragraphs (a) to (k), inclusive, as set forth in the Annual Book of ASTM Standards published by ASTM International. Each new revision of the standards set forth in paragraphs (a) to (k) shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. A copy of each standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the following prices:

     (a) ASTM D975, “Standard Specification for Diesel Fuel” for the price of $75;

     (b) ASTM D613, “Standard Test Method for Cetane Number of Diesel Fuel Oil” for the price of $58;

     (c) ASTM D6890, “Standard Test Method for Determination of Ignition Delay and Derived Cetane Number (DCN) of Diesel Fuel Oils by Combustion in a Constant Volume Chamber” for the price of $58;

     (d) ASTM D7668, “Standard Test Method for Determination of Derived Cetane Number (DCN) of Diesel Fuel Oils—Ignition Delay and Combustion Delay Using a Constant Volume Combustion Chamber Method” for the price of $58;

     (e) ASTM D2500, “Standard Test Method for Cloud Point of Petroleum Products and Liquid Fuels” for the price of $52;

     (f) ASTM D4539, “Standard Test Method for Filterability of Diesel Fuels by Low-Temperature Flow Test (LTFT)” for the price of $52;

     (g) ASTM D6371, “Standard Test Method for Cold Filter Plugging Point of Diesel and Heating Fuels” for the price of $52;

     (h) ASTM D6079, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR)” for the price of $52;

     (i) ASTM D7688, “Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High-Frequency Reciprocating Rig (HFRR) by Visual Observation” for the price of $52;

     (j) ASTM D7548 “Standard Test Method for Determination of Accelerated Iron Corrosion in Petroleum Products” for the price of $58; and

     (k) ASTM D2068, “Standard Test Method for Determining Filter Blocking Tendency” for the price of $52.

     2.  The State Board of Agriculture hereby adopts by reference the most recent version of NACE TM0172, “Determining Corrosive Properties of Cargoes in Petroleum Product Pipelines” published by NACE International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision. A copy of the standard is available for inspection pursuant to NAC 590.045 and may be purchased from NACE International, 15835 Park Ten Place, Houston, Texas 77084, or at the Internet address http://nace.org, for the price of $79.

     3.  Any diesel fuel identified on retail dispensers as “premier,” “premium,” “super” or “supreme”:

     (a) Must have a cetane number of 47 or more as determined by ASTM D613, ASTM D6890 or ASTM D7668.

     (b) Must have a maximum wear scar diameter of 460 micrometers as determined by ASTM D6079 or ASTM D7688.

     (c) Must have a corrosion rating of “B+” or better as determined by NACE TM0172 or ASTM D7548.

     (d) Must have filter blocking tendency of 2.2 or less as determined by procedure B of ASTM D2068.

     (e) If sold between October 1 and March 31, must have a cold flow performance measurement which satisfies the tenth percentile minimum ambient air temperature charts from ASTM D975 as determined by ASTM D2500 or ASTM D4539. ASTM D6371 may be used when the test results are 6 degrees Celsius (42.8 degrees Fahrenheit) or less below the cloud point.

     4.  Any diesel fuel:

     (a) Sold under a select grade classification other than “premier,” “premium,” “super” or “supreme”;

     (b) Sold under a product name that implies improved performance; or

     (c) Advertised as providing improved performance on any marketing device, including, without limitation, a dispenser, pump topper, pole sign or bollard,

Ê must provide a substantial functional benefit that is measurable using industry accepted test methodologies developed by the ASTM, SAE or other standards organization approved by the State Board of Agriculture.

     (Added to NAC by Bd. of Agriculture by R080-20, eff. 12-29-2020)

      NAC 590.051  Biodiesel and diesel fuel: Adoption by reference of standard specifications; requirements for certain biodiesel fuel blends. (NRS 561.105, 590.070, 590.100)

     1.  Except as otherwise provided in this section, the State Board of Agriculture hereby adopts by reference the most recent version of the following standards for biodiesel and diesel fuel set forth in the Annual Book of ASTM Standards published by ASTM International:

     (a) ASTM D6751, “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels”;

     (b) ASTM D7467, “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20)”; and

     (c) ASTM D975, “Standard Specification for Diesel Fuel.”

Ê Each new revision of those standards shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. Each standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428, or at the Internet address http://www.astm.org. The price of ASTM D6751 is $58, the price of ASTM D7467 is $72, and the price of ASTM D975 is $75.

     2.  The ratio for biodiesel fuel blended in accordance with ASTM D7467 must be not less than 6 percent but not more than 20 percent by volume of biodiesel fuel which complies with the specifications for feedstock and composition set forth in ASTM D6751. The remainder of the biodiesel blend which contains not less than 6 percent but not more than 20 percent by volume of biodiesel fuel must comply with the requirements for diesel fuel set forth in NAC 590.050.

     3.  Biodiesel fuel blends which contain not more than 5 percent by volume of biodiesel fuel must comply with the requirements for diesel fuel set forth in NAC 590.050.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R209-08, 1-28-2010; R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.052  Methanol fuel blends: Adoption by reference of standard specifications. (NRS 561.105, 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference the most recent version of ASTM D5797, “Standard Specification for Methanol Fuel Blends (M51-M85) for Methanol-Capable Automotive Spark-Ignition Engines,” as set forth in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International.

     2.  The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $58.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.053  Ethanol fuel blends: Adoption by reference of standard specifications. (NRS 561.105, 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference the most recent version of ASTM D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines,” set forth in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International.

     2.  The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $52.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.054  Chemical composition of gases by mass spectrometry: Adoption by reference of standard test method; restrictions on hydrogen sold or supplied in State. (NRS 561.105, 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference the most recent version of ASTM D2650, “Standard Test Method for Chemical Composition of Gases By Mass Spectrometry,” set forth in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $52.

     2.  A person shall not sell, offer for sale, supply or offer to supply in this State any hydrogen that is intended for use in a vehicle if the hydrogen, after it is analyzed in accordance with ASTM D2650, contains:

     (a) Less than 98 percent per mole of hydrogen;

     (b) Less than 99.9 percent per mole of any combination of hydrogen, water and oxygen; or

     (c) More than 0.01 percent per mole of total hydrocarbons.

     3.  Any hydrogen specified in subsection 2 must not contain any dust, sand, dirt, gum, oil or other substance in an amount which may damage any equipment located at a fueling station or a vehicle being fueled at that station. If the hydrogen is introduced in gaseous form into a vehicle’s system for storing fuel, the hydrogen under ambient conditions must have a distinctive odor which may be detected in a concentration in air of not more than one-fifth of the lower limit of flammability.

     (Added to NAC by Bd. of Agriculture by R064-01, eff. 12-17-2001; A by R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.055  Aviation fuel: Adoption by reference of standard specifications. (NRS 590.073, 590.100)

     1.  The State Sealer of Measurement Standards hereby adopts by reference the most recent version of the following standards contained in the Annual Book of ASTM Standards:

     (a) ASTM D910, “Standard Specification for Leaded Aviation Gasolines”; and

     (b) ASTM D1655, “Standard Specification for Aviation Turbine Fuels.”

Ê Each new revision of these standards shall be deemed approved by the State Sealer of Measurement Standards unless the revision is disapproved by the State Sealer of Measurement Standards or his or her designee within 120 days after the date of publication of the revision by ASTM International. A copy of the standards are available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania, 19428-2959, or at the Internet address http://www.astm.org, for the price of $52 for ASTM D910 and $69 for ASTM D1655.

     2.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 3-5-90; A 11-18-93; R149-98, 12-14-98; R200-01, 5-31-2002; A by St. Sealer of Consumer Equitability by R107-15, 3-10-2016; R081-20, 12-29-2020)

      NAC 590.059  Motor vehicle fuel: Posting of octane rating number on pump or other device; required accuracy of rating number; posting of label indicating that fuel contains manganese. (NRS 561.105, 590.070, 590.100)

     1.  The octane rating number of the motor vehicle fuel from the proof of transfer must be posted on the pump or other device for dispensing the motor vehicle fuel.

     2.  The octane rating number of the product that is in the pump or other device for dispensing motor vehicle fuel must not be lower than the octane rating that is posted on the pump or device.

     3.  In addition to the requirements set forth in subsections 1 and 2, any person who sells motor vehicle fuel at retail shall, if the motor vehicle fuel contains manganese or any compound containing manganese, including, without limitation, MMT, post on the pump or other device for dispensing the motor vehicle fuel a label which:

     (a) Meets the requirements of subsections 4 and 6;

     (b) Is affixed during any period required by subsection 5; and

     (c) Includes the following language:

 

WARNING: Read label before dispensing fuel.

Motor vehicle fuel contains manganese, manganese compound or MMT.

Recommend vehicle operator consult owner’s manual before using this motor fuel.

 

     4.  The label required pursuant to subsection 3 must:

     (a) Be legible and conspicuous;

     (b) Be at least as large as 4 inches wide by 4 inches long;

     (c) Consist of black ink on a background that is white; and

     (d) Be written in at least 12-point font.

     5.  The label required pursuant to subsection 3 must be affixed to the applicable pump or other device for dispensing motor vehicle fuel in the manner described in subsection 6:

     (a) At the time motor vehicle fuel containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the pump or other device for dispensing motor vehicle fuel draws its supply of fuel, and before the pump or other device for dispensing motor vehicle fuel may be used to dispense such fuel;

     (b) For 6 months immediately after the time specified in paragraph (a); and

     (c) For an additional 6 months immediately after any subsequent instance in which motor vehicle fuel containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the pump or other device for dispensing motor vehicle fuel draws its supply of fuel.

     6.  The label required pursuant to subsection 3 must, during any period specified in subsection 5, be affixed:

     (a) To the exterior of each side of the pump or other device for dispensing motor vehicle fuel from which a consumer may dispense the fuel; and

     (b) In a manner that is conspicuous and readily observable by the consumer.

     7.  The labels described in subsections 3 to 6, inclusive, may be obtained free of charge from the Division of Measurement Standards of the State Department of Agriculture, 405 South 21st Street, Sparks, Nevada 89431.

     8.  As used in this section, “MMT” means methylcyclopentadienyl manganese tricarbonyl.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 10-23-91; A by Bd. of Agriculture, 2-20-96; R189-12, 12-23-2013, eff. 1-1-2014; R080-20, 12-29-2020)

      NAC 590.061  Gasoline: Adoption by reference of antiknock index for testing octane rating; determination of octane rating number; octane rating requirement for fuel sold in certain areas; requirements for proof of transfer of fuel. (NRS 561.105, 590.070, 590.100)

     1.  The State Board of Agriculture hereby adopts by reference the antiknock index for testing the octane rating of gasoline that is defined in the most recent version of ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” adopted by reference pursuant to NAC 590.065.

     2.  Gasoline that is brought into this State for delivery to a person in this State must have an octane rating number which is determined by the antiknock index method described in subsection 1.

     3.  Gasoline and any blend of gasoline and ethanol that is sold outside the area of this State which is east of the 117th degree of west longitude and north of the 38th degree of north latitude must have an octane rating number of 87 or more.

     4.  Effective 90 days after December 29, 2020, gasoline and any blend of gasoline and oxygenate that is sold outside the area of this State which is east of the 117th degree of west longitude and north of the 38th degree of north latitude:

     (a) Labeled as “premium,” “super,” “supreme” or “high test” must have an octane rating number of 91 or more.

     (b) Labeled as “mid-grade” or “plus” must have an octane rating number of 89 or more.

     (c) Labeled as “regular” or “unleaded” must have an octane rating number of 87 or more.

     5.  Effective 90 days after December 29, 2020, gasoline and any blend of gasoline and oxygenate sold inside the area of this State which is east of the 117th degree of west longitude and north of the 38th degree of north latitude:

     (a) Labeled as a “premium,” “super,” “supreme” or “high test” must have an octane rating number of 90 or more.

     (b) Labeled as “mid-grade” or “plus” must have an octane rating number of 87 or more.

     (c) Labeled as “regular” or “unleaded” must have an octane rating number of 85 or more.

     6.  A person who transfers fuel to a person in this State, other than the consumer of the fuel, shall provide a proof of transfer to the person receiving the fuel. The proof of transfer must be:

     (a) A delivery ticket;

     (b) An invoice;

     (c) A bill of lading;

     (d) A bill of sale;

     (e) A terminal ticket; or

     (f) Any other proof of transfer that is approved by the State Board of Agriculture.

     7.  The proof of transfer must contain:

     (a) The name of the person making the transfer;

     (b) The name of the person to whom the fuel is transferred;

     (c) The date of the transfer; and

     (d) If the fuel is gasoline, the octane rating number of the gasoline.

     8.  The person receiving the fuel must keep a copy of the proof of transfer at the location at which the fuel was received for not less than 30 days after the date of the delivery of the fuel. After that period, the proof of transfer must be retained at any location for not less than 1 year after the date of the delivery of the fuel and be made available to the State Department of Agriculture upon request.

     9.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by St. Sealer of Weights & Measures, eff. 10-23-91; A 11-18-93; A by Bd. of Agriculture by R145-98, 12-14-98; R176-01, 5-31-2002; R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.065  Gasoline: Adoption by reference of standard specifications for automotive spark-ignition engine fuel; limitations on vapor pressure; limitations on sale or supply based on contents. (NRS 561.105, 590.070)

     1.  Except as otherwise provided in this section, the State Board of Agriculture hereby adopts by reference the most recent version of ASTM D4814, “Standard Specification for Automotive Spark-Ignition Engine Fuel,” contained in the Annual Book of ASTM Standards published by ASTM International. Each new revision of that standard shall be deemed approved by the Board unless the revision is disapproved by the Board or its designee within 120 days after the date of publication of the revision by ASTM International. The standard is available for inspection pursuant to NAC 590.045 and may be purchased from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428-2959, or at the Internet address http://www.astm.org, for the price of $75.

     2.  Notwithstanding the provisions of Table 4 (“Schedule of U.S. Seasonal and Geographical Volatility Classes”) of ASTM D4814 that apply to this State, the schedule that is designated in Table 4 for the area of this State that lies north of the 38th degree of north latitude applies to the entire area of this State unless the United States Environmental Protection Agency requires a county to comply with a different requirement relating to vapor pressure.

     3.  Except as otherwise provided in subsection 4, gasoline:

     (a) Sold between June 1 and September 15 of each calendar year containing:

          (1) Not less than 9 percent ethanol by volume and not more than 10 percent ethanol by volume must not exceed the limits for vapor pressure set forth in ASTM D4814 by more than 1 pound per square inch.

          (2) Less than 9 percent ethanol by volume must not exceed the limits specified in ASTM D4814.

     (b) Sold during any other period in a calendar year containing not more than 10 percent ethanol by volume must not exceed the limits specified in ASTM D4814 by more than 1 pound per square inch.

     4.  Gasoline and any blend of gasoline and ethanol sold in Clark County between October 1 and the following March 31 must not exceed a vapor pressure of 13.5 pounds per square inch.

     5.  A person shall not sell, offer for sale, supply or offer to supply in this State any gasoline intended for use in a vehicle which is primarily driven on a highway if:

     (a) It contains more than 0.05 gram of lead per gallon;

     (b) It contains more than 0.005 gram of phosphorus per gallon;

     (c) It contains more than 10 percent ethanol by volume; or

     (d) It contains more than 95 parts per million of sulfur.

     6.  Any other test method may be used if the State Sealer of Measurement Standards determines that another method produces results equivalent to the results of the specified method. A method approved by ASTM International that has not yet been published shall be deemed to meet the appropriate criteria.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A by Dep’t of Agriculture, 3-27-92; A by Bd. of Agriculture, 11-18-93; 11-2-94; 2-20-96; 10-22-97; R145-98, 12-14-98; R176-01, 5-31-2002; R002-04, 9-21-2004; R111-08, 1-28-2010; R032-10, 6-30-2010; R106-10, 2-20-2013; R094-15, 4-4-2016; R080-20, 12-29-2020)

      NAC 590.066  Gasoline: Request for variance from compliance with motor vehicle fuel standards. (NRS 590.070)

     1.  Except as otherwise provided in subsection 6, a supplier may submit a request to the Director of the State Department of Agriculture or the Director’s designee for a variance of not more than 30 days to supply motor vehicle fuel that does not meet the standards set forth in NAC 590.065 if the supplier demonstrates that a disruption in supply exists or is imminent.

     2.  If a supplier requests a variance pursuant to subsection 1, the supplier shall provide the following information in writing to the Director or the Director’s designee:

     (a) The specific supply conditions that may result in a shortage of motor vehicle fuel, without disclosing any proprietary information of the supplier;

     (b) The specific geographic area to which the variance will apply;

     (c) The period for which the variance will be in effect; and

     (d) The type of motor vehicle fuel proposed for distribution or sale.

     3.  The Director or the Director’s designee shall notify:

     (a) The supplier in writing within 24 hours after receipt of the request for a variance as to whether the request is granted, unless otherwise agreed upon by both parties. Approval of a variance must be based on information which demonstrates that a disruption in supply exists or is imminent, and such approval is applicable to all suppliers within the specified geographic area for the approved period.

     (b) The Motor Carrier Division of the Department of Motor Vehicles and other interested parties of any variance granted by the State Department of Agriculture. A list of interested parties must be kept on file by the State Department of Agriculture.

     4.  The Director or the Director’s designee may authorize an extension of a variance approved pursuant to this section, not to exceed 30 days, if the supplier demonstrates in writing that the conditions identified in the initial request continue to exist.

     5.  Except as otherwise provided in NRS 239.010, the Director or the Director’s designee shall keep confidential any proprietary or competitively sensitive information specific to the supplier which the Director or the Director’s designee acquires during the process of granting or denying a variance pursuant to this section and shall not disclose the information to the public or any other state agency or entity.

     6.  A variance may not be granted pursuant to this section if the motor vehicle fuel is to be sold in a geographic area for which fuel specifications are prescribed in the State Implementation Plan.

     7.  Approval of a variance by the Director or the Director’s designee does not waive the reporting requirements or any applicable taxes and fees pursuant to chapters 360A, 365, 366, 373 and 590 of NRS.

     8.  As used in this section:

     (a) “Disruption in supply” means an unusual condition, either natural or man-made, that may impede the production, transportation, distribution or sale of motor vehicle fuel which meets the standards set forth in NAC 590.065 in sufficient quantity to meet sustainable demands.

     (b) “State Implementation Plan” has the meaning ascribed to it in NAC 486A.125.

     (c) “Supplier” has the meaning ascribed to it in NRS 365.084.

     (Added to NAC by Bd. of Agriculture by R010-09, eff. 10-27-2009)

      NAC 590.070  Administrative penalties for sale of nonconforming fuel. (NRS 590.070, 590.071)  For any violation of the provisions of NRS 590.070, including any violation of standards relating to diesel fuel, the State Board of Agriculture may:

     1.  For the first violation, issue a written warning, impose a fine of not more than $2,000 for each day the violation continues, or issue a warning and impose a fine.

     2.  For the second violation, impose a fine of not more than $3,500 for each day the violation continues.

     3.  For the third or subsequent violation, impose a fine of not more than $5,000 for each day the violation continues.

     (Added to NAC by Bd. of Agriculture, eff. 3-5-90; A 11-2-92)

ADVERTISEMENT OF MOTOR VEHICLE FUEL AND PETROLEUM PRODUCTS

      NAC 590.090  Civil penalties for violation of provision of NRS 590.160 to 590.330, inclusive. (NRS 590.322)

     1.  Any person who violates a provision of NRS 590.160 to 590.330, inclusive, shall be subject to the following civil penalties:

     (a) Except as otherwise provided in subsection 2, for a first offense, not less than $25 and not more than $100.

     (b) For a second offense, not less than $50 and not more than $500.

     (c) For a third offense or subsequent offense, not less than $100 and not more than $1,000.

     2.  If the Division of Measurement Standards of the State Department of Agriculture determines that a first offense was unintentional, the Division will issue a notice of warning in writing to the person without imposing a civil penalty if the person takes action to remedy the violation. The notice of warning must be in writing and set forth:

     (a) The statute that was violated;

     (b) The action necessary to remedy the violation; and

     (c) The date by which the person must take action to remedy the violation before a civil penalty will be imposed.

Ê The failure to take action by the date set forth in the notice of warning constitutes a second offense subject to a civil penalty set forth in this section.

     (Added to NAC by St. Sealer of Consumer Equitability by R081-20, eff. 12-29-2020)

LIQUEFIED PETROLEUM GAS

General Provisions

      NAC 590.100  Definitions. (NRS 590.505)  As used in NAC 590.100 to 590.690, inclusive, unless the context otherwise requires, the words and terms defined in NAC 590.110 to 590.190, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. for Reg. of Liquefied Petrol. Gas, 7-19-90; 5-27-92; R141-01, 7-30-2002; R014-03, 2-18-2004; R148-05, 2-23-2006)

      NAC 590.110  “Approved” defined. (NRS 590.505)  “Approved” means approval by the Board.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

      NAC 590.120  “Board” defined. (NRS 590.505)  “Board” means the Board for the Regulation of Liquefied Petroleum Gas.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 5-27-92)

      NAC 590.130  “Building” defined. (NRS 590.505)  “Building” means any structure that is used or intended for supporting or sheltering any use or occupancy.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.140  “Container” defined. (NRS 590.505)  “Container” has the meaning ascribed to it in Publication 58, Liquefied Petroleum Gas Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.150  “Cylinder” defined. (NRS 590.505)  “Cylinder” has the meaning ascribed to it in Publication 58, Liquefied Petroleum Gas Code, issued by the National Fire Protection Association.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; R014-03, 2-18-2004)

      NAC 590.160  “LP gas” defined. (NRS 590.505)  “LP gas” has the meaning ascribed to it in subsection 2 of NRS 590.475.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.190  “Property line” defined. (NRS 590.505)  “Property line” means a line, imaginary or otherwise, separating a property from that of public or other ownership.

     [Liquefied Petroleum Gas Bd., part Definitions, eff. 5-31-74]

Licensing and Practice

      NAC 590.235  Unlicensed installation, facility or service: Operation or supply unlawful; recovery of license fees and investigative costs and imposition of penalty fees. (NRS 590.505, 590.515, 590.535)

     1.  It is unlawful for a person or business to operate or supply an unlicensed installation, facility or service that is required to be licensed pursuant to NRS 590.535.

     2.  The Board may, as an administrative fine imposed pursuant to NAC 590.658:

     (a) Recover license fees and investigative costs from, and impose penalty fees on, unlicensed dealers, sellers, installations and facilities.

     (b) Recover investigative costs from and impose penalty fees on a person or business that supplies an unlicensed dealer, seller, installation or facility.

     3.  The license fee recovery is the sum of the current license fee multiplied by the number of years of unlicensed operation. The amount of the penalty fee is the license fee recovery multiplied by five.

     4.  For the purposes of calculating the license fee recovery and penalty fees pursuant to this section, a minimum of 1 day of unlicensed operation is necessary to establish 1 year of unlicensed operation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.240  Fees; reduction in certain fees for holder of multiple classifications at same location. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in subsection 2, the Board will charge and collect the following fees:

 

 

     2.  The Board will reduce the license and inspection fees charged to a holder of multiple classifications at the same physical location by 15 percent of the total amount of license and inspection fees that would otherwise be charged to the holder.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 12-17-87; A 12-23-91; 12-13-95; R141-01, 7-30-2002; R014-03, 2-18-2004; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.241  Payment of charges billed to licensee by Board; resolution of disputed charges. (NRS 590.505, 590.515, 590.605)

     1.  All charges billed to a licensee by the Board are due upon receipt of the bill by the licensee. Except as otherwise provided in subsection 2, if a licensee fails to pay a charge billed to him or her by the Board within 90 days of the date the charge was sent to the licensee by the Board, the Board will suspend the license of the licensee.

     2.  If a licensee disputes a charge billed to him or her by the Board, the licensee may request a hearing before the Board to resolve the charge. The licensee must request the hearing in writing and must cause the request to be received by the Board before the expiration of the 90-day period described in subsection 1. Upon receipt of a request that meets the requirements of this subsection, the Board will schedule a hearing for the licensee at the next available regularly scheduled meeting of the Board and will not suspend the license of the licensee for failure to pay the disputed charge before the date of the hearing. The Board will conduct the hearing in accordance with NAC 590.644 to 590.690, inclusive, as applicable.

     3.  The provisions of this section do not apply to license fees.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.243  Period of validity of license. (NRS 590.505, 590.515, 590.549)  A license issued pursuant to the provisions of NRS 590.465 to 590.645, inclusive, is valid for 1 year and expires on the last day of the month the license was issued.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.245  Renewal of expired license; fees. (NRS 590.505, 590.515, 590.549)  The holder of a license who fails to renew the license before the license expires may have his or her license reinstated if, within 30 days after the license expires, the holder of the license pays to the Board an amount equal to 115 percent of the annual fee for the license and a reinstatement fee of $250. If the holder does not have his or her license reinstated within 30 days after it expires, the holder must apply for a new license and pay the fees for the issuance of a new license.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R141-01, eff. 7-30-2002)

      NAC 590.250  Plans required to be submitted with application for class 1, 2, 4 or 5 license; approval of plans. (NRS 590.505, 590.515, 590.549)  Detailed plans of the physical properties and facilities of any applicant or licensee must be submitted with each application for a class 1, 2, 4 or 5 license and must be approved by the Board before the commencement of construction or installation of any facilities. When required because of a structural modification of the original design, issues relating to safety, or the application or standards of engineering load practice, such plans must be approved by a professional engineer licensed pursuant to chapter 625 of NRS before they are submitted to the Board.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004)

      NAC 590.253  Qualified persons: Connection with or employment by licensee or applicant required for issuance or renewal of certain licenses; performance of safety sensitive functions. (NRS 590.505, 590.515)

     1.  The Board will not issue or renew a class 1A, 1B, 2A, 3A, 3B, 3C, 3D or 3E license unless the applicant or licensee establishes that at the time of issuance or renewal of the license at least one qualified person is connected with or employed by the licensee or applicant.

     2.  A licensee who holds a class 1A, 1B, 2A, 3A, 3B, 3C, 3D or 3E license shall allow only a qualified person employed by the licensee to perform safety sensitive functions.

     3.  As used in this section:

     (a) “Qualified person” means a person who holds a certificate of competency which corresponds to the type of work performed by the person.

     (b) “Safety sensitive function” means:

          (1) The delivery of LP gas to a container.

          (2) The manufacture, fabrication, assembly, installation or repair of any system, container, apparatus or appliance for the storage, transportation, dispensation or utilization of LP gas.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.260  Actual bona fide residence of emergency personnel; report of transfer or change of residence. (NRS 590.505, 590.515)

     1.  Every person licensed under the Nevada Liquefied Petroleum Gas Act, NRS 590.465 to 590.645, inclusive, or in the case of a licensed company or corporation, its authorized manager or agent, shall have emergency personnel with an actual bona fide residence within the immediate area or territory of his or her petroleum business who are personally qualified and available to cope with any emergency connected with the business.

     2.  Any transfer or change in the residence of the emergency personnel described in subsection 1 must be reported to the Board no later than 10 days before such transfer or change.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas by R168-18, 6-26-2019)

      NAC 590.270  Insurance. (NRS 590.505, 590.515, 590.549)  Licensed firms must have insurance against liability for injury to persons and damage to property. The insurance must be kept and remain in force during the lifetime of the operation. Certificates showing such coverage must be on file in the office of the Board and in the office of the company. No license or renewal of a license will be issued without satisfactory proof of insurance unless the Board agrees to the financial responsibility of the applicant. The certificate can be either forwarded to the Board by the licensee or by the insurance company covering the operation of the licensee before the expiration of his or her license. The licensee must include a proof of insurance form with the licensee’s request for renewal.

     [Liquefied Petroleum Gas Bd., Rule 13, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.280  Holder of class 1A, 1B or 2A license: Disclosure of information; notification of new customer by licensee. (NRS 590.505, 590.515, 590.575)

     1.  Each person who holds a class 1A, 1B or 2A license shall disclose the following information to his or her customers and prospective customers:

     (a) The prices per unit of sales of LP gas, the effective dates of those prices and any figures required to convert those prices to prices per gallon, cubic feet or therms.

     (b) Any charges for services, including, without limitation:

          (1) The amount and description of all charges for deliveries, including, without limitation:

               (I) Charges for deliveries which are not on a scheduled route.

               (II) Charges for minimum deliveries.

               (III) Charges for deliveries made on weekends or after hours.

          (2) Initial charges and conditions for beginning service.

          (3) Charges for labor.

     (c) The annual fee for leasing a container for the storage of LP gas.

     2.  Each time LP gas is delivered to a customer, a person who holds a class 1A, 1B or 2A license shall disclose upon the delivery ticket or sales receipt:

     (a) The volume of LP gas delivered;

     (b) The price per gallon, cubic foot or therm of LP gas delivered; and

     (c) The total amount of the sale.

     3.  The information required to be disclosed pursuant to subsection 1 must be:

     (a) Disclosed by telephone request.

     (b) Printed in a standard format established by the licensee and displayed conspicuously in the licensee’s place of business not later than the beginning of the business day on which the prices and charges become effective. The licensee may include any additional information if he or she so desires.

     4.  A licensee shall notify each new customer that the Board has published a “Consumer Bill of Rights” and that a copy may be obtained from the Board at the Internet address http://www.nvlpgasboard.com or by calling the Board at (775) 687-4890.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 7-19-90; A 10-17-94; R141-01, 7-30-2002; R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.290  Holder of class 1 or class 2 license: Provision of certain information and notice; response to certain requests. (NRS 590.505, 590.515, 590.575)  A person licensed by the Board pursuant to NRS 590.575 in class 1 or class 2 shall:

     1.  Provide each of his or her customers and prospective customers with a written description of the minimum services the customer may reasonably expect to receive from the licensee;

     2.  Provide immediate response, regardless of the time of day, to a request for assistance in an emergency from any public safety agency or his or her customers regarding the use or storage of LP gas; and

     3.  If disconnection was not requested by the customer, notify the customer at least 48 hours in advance before disconnecting the service to that customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92)

      NAC 590.311  Certificate of competency: Types. (NRS 590.505, 590.515, 590.549)  The Board may grant the following certificates of competency:

     1.  Type LEGAL, to a person who is engaged in the management of a business with a classification of 1A, 1B or 2A.

     2.  Type CYLINDER, to a person who is engaged in the repair, installation, filling and delivery of LP gas exchange cylinders.

     3.  Type PIPING, to a person who is engaged in the installation or repair of LP gas piping.

     4.  Type RECREATIONAL VEHICLE, to a person who is engaged in the installation or repair of LP gas systems on recreational vehicles.

     5.  Type INDUSTRIAL, to a person who is engaged in the installation or repair of LP gas industrial facilities, bulk plants, vaporizers and dispensers.

     6.  Type CARBURETION, to a person who is engaged in the installation of LP gas vehicle fuel systems.

     7.  Type INSTALL, to a person who is engaged in the installation or repair of LP gas containers, the installation of regulators, the performance of leak checks and the placement of appliances back into service.

     8.  Type BULK, to a person who is engaged in the bulk delivery of LP gas, the performance of leak checks and the placement of appliances back into service.

     9.  Type RAIL, to a person who is engaged in the unloading of LP gas railroad tank cars and the loading and unloading of LP gas cargo tanks.

     10.  Type APPLIANCE, to a person who is engaged in the installation or repair of LP gas appliances.

     11.  Type VENTING, to a person who is engaged in the installation or repair of LP gas appliance venting.

     12.  Type FLAME EFFECTS, to a person who is engaged in the installation or operation of LP gas flame effects.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.315  Certificate of competency: Application; reexamination without additional fee; additional certificate of competency without additional fee. (NRS 590.505, 590.515, 590.549, 590.555)

     1.  An applicant for a certificate of competency must submit an application to the Board before taking the examination for the certificate of competency.

     2.  The application must be accompanied by the appropriate application fee.

     3.  Each application is valid for the initial administration of the examination for one certificate of competency. If the applicant does not pass such an examination, the applicant may retake that examination not more than twice without paying an additional fee if he or she retakes the examination within 90 days after initially taking the examination.

     4.  Each person who holds a certificate of competency granted pursuant to NAC 590.311 may apply for an additional certificate of competency pursuant to this section without paying an additional fee.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010)

      NAC 590.320  Certificate of competency: Examination of applicant or holder; waiver of examination. (NRS 590.505, 590.515, 590.549)

     1.  Except as otherwise provided in subsection 2, each applicant for a certificate of competency must submit to an oral or written examination, or both.

     2.  The Board may waive the examination requirement set forth in subsection 1 if an applicant submits to the Board proof that the applicant is certified by a public agency or private entity which the Board determines imposes requirements for certification that are substantially similar to the examination requirements established by the Board.

     3.  The Board may, upon good cause shown, require the holder of a certificate of competency to submit to an oral or written examination, or both. The Board will provide to the holder at least 30 days’ written notice of the time and place of the examination.

     4.  The Board will establish and maintain a list of all certifications that the Board determines satisfy the requirements of subsection 2. If the certification an applicant seeks to use for the purposes of subsection 2 is not on the list, the applicant may request that the Board review and approve the certification held by the applicant.

     [Liquefied Petroleum Gas Bd., Rule 9 § B, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.340  Certificate of competency: Issuance. (NRS 590.505, 590.515, 590.549)  Upon qualification or renewal as provided in NAC 590.311 to 590.380, inclusive, a person will receive a certificate of competency, properly dated and numbered, from the Board.

     [Liquefied Petroleum Gas Bd., Rule 9 part § F, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R073-10, 12-16-2010)

      NAC 590.350  Certificate of competency: Expiration. (NRS 590.505, 590.515, 590.549)  Each certificate of competency is valid for 1 year and expires on the last day of the month in which the certificate was issued.

     [Liquefied Petroleum Gas Bd., Rule 9 § C & part § F, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R073-10, 12-16-2010)

      NAC 590.360  Certificate of competency: Renewal. (NRS 590.505, 590.515, 590.549)  A person may renew a certificate of competency if the person:

     1.  Submits to the examination required by the Board pursuant to NAC 590.320 before the certificate expires;

     2.  During the period the certificate is valid, completes at least 8 continuing education units from any course which was approved by the Board before the certificate expires; or

     3.  Provides proof of continuous employment in the area specified on his or her certificate of competency during the period the certificate was valid.

     [Liquefied Petroleum Gas Bd., Rule 9 § G, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

      NAC 590.365  Certificate of competency: Approval of courses for continuing education. (NRS 590.505, 590.515, 590.549)

     1.  The Board will review educational courses to determine whether a course may be used to meet the requirements for continuing education set forth in subsection 2 of NAC 590.360. If the Board determines that a course may be used to meet those requirements, the Board will approve the course and determine the number of continuing education units that may be awarded for the successful completion of the course. The Board will maintain a list of all courses approved pursuant to this subsection.

     2.  If a course is not on the list of approved courses, the holder of a certificate of competency may request that the Board approve the course.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.380  Certificate of competency: Lapse; suspension; revocation; reapplication. (NRS 590.505, 590.515, 590.549, 590.605)

     1.  If a certificate of competency expires for failure to apply for renewal, a new certificate will be issued by the Board to the holder of the expired certificate only upon his or her completion of an application for renewal.

     2.  An order by the Board suspending a certificate of competency will be followed in all cases by a further order:

     (a) Vacating the order of suspension, thereby renewing the original certificate; or

     (b) Permanently revoking the certificate.

     3.  Upon the suspension of a certificate of competency, the Board will not renew the original certificate until the holder of the certificate passes the prescribed oral or written examination, or both.

     4.  An application for the issuance of a new certificate of competency will not be accepted, entertained or acted upon while an order of suspension of the certificate of the applicant is in effect.

     5.  If the Board has revoked a certificate of competency pursuant to the provisions of NRS 590.605, a new certificate will not be issued to the person whose certificate was revoked until he or she passes the prescribed oral or written examination, or both.

     6.  A period of at least 6 months from the date of the order of revocation of a certificate of competency must elapse before a person who has had a certificate revoked may reapply for examination and issuance of a new certificate.

     7.  If a certificate of competency is issued to a person pursuant to subsection 2 of NAC 590.320, the Board may suspend or revoke the certificate of competency issued pursuant to that subsection if the Board determines that the certification issued to the person by another public agency or private entity has been suspended or revoked by the public agency or private entity.

     [Liquefied Petroleum Gas Bd., Rule 9 § H, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-13-95; R141-01, 7-30-2002; R148-05, 2-23-2006; R073-10, 12-16-2010)

Installations

      NAC 590.450  Installation for dispensing LP gas for resale. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Any installation built for the purpose of dispensing LP gas for resale must be approved by the Board before installation.

     2.  A detailed plan of piping, crash posts, fencing, tank size and clearances and other safety features must be submitted to, and be approved by, the Board before installation.

     [Liquefied Petroleum Gas Bd., Rule 5, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.452  Installation and modification of LP gas equipment. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Except as otherwise provided in subsection 3, before installing or modifying any LP gas equipment at an installation, a person or business must:

     (a) Request approval from the Board or its staff, on a form provided by the Board, to install or modify the LP gas equipment; and

     (b) Submit for approval from the Board or its staff, a detailed plan for the proposed installation or modification of LP gas equipment at the installation.

     2.  If the Board or its staff approves a request and plan submitted pursuant to subsection 1, the Board or staff will issue the approval to the person or business in writing and place a copy of the approval on file in the office of the Board.

     3.  The provisions of this section do not apply to the routine maintenance of an installation.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.454  Installation for dispensing LP gas. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  If an installation built for the purpose of dispensing LP gas:

     (a) Is built or initially licensed after January 1, 2011; and

     (b) Is required to have the capability to remotely close or shut off more than one safety device,

Ê the installation must have a single common activation point for all safety devices. Each safety device must remain closed or shut off when not in use.

     2.  As used in this section, “safety device” means an internal valve, emergency shut-off valve or electrical disconnect.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, 12-16-2010, eff. 12-16-2011)

      NAC 590.456  Installation of cabinet for LP gas cylinder exchange. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Except as otherwise provided in subsection 2, each cabinet installed for LP gas cylinder exchange must have a clearance of not less than 5 feet on the front and each side of the cabinet.

     2.  Clearance between the sides of each cabinet for LP gas cylinder exchange is not required if the cabinets are installed in a group.

     3.  A sign must be posted on the front of each cabinet for LP gas cylinder exchange. The sign must:

     (a) Be white with red letters that are not less than 2 inches in height.

     (b) Contain the words “NO SMOKING,” “FLAMMABLE” and “PROPANE.”

     (c) Include a telephone number for emergencies.

     4.  Any open flame must be kept at least 10 feet from each cabinet for LP gas cylinder exchange.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010)

      NAC 590.460  Installation of tanks. (NRS 590.505, 590.515, 590.519, 590.521)  All loading and unloading connections at dealer plants must be secured to a steel bulkhead or an equivalent device designed to withstand a horizontal pull of at least 2,000 pounds in any direction unless other adequate protection is provided. This bulkhead must not be located underneath the tank. The loading and unloading connections must be firmly secured to the bulkhead, and the line between the bulkhead and tank must be installed in a manner to provide for expansion, contraction, jarring, vibrations and settling. The bulkhead must be located at least 25 feet away from the nearest important building or line of adjoining property. When in the opinion of the Board the bulkhead is necessary for the safety of the place of employment, it must be required at storage plants other than dealer plants.

     [Liquefied Petroleum Gas Bd., Rule 6, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.480  Installation of underground tank; removal of abandoned tank. (NRS 590.505, 590.515, 590.519, 590.521)

     1.  Permission to install an underground tank must be obtained from the Board before any commencement of work. The permission will be given to the dealer in writing with a copy placed on file in the office of the Board.

     2.  The form will have the name of the dealer installing the underground tank with the date of installation and all pertinent information pertaining to the type of tank, capacity, manufacturer and the date of manufacture.

     3.  When an underground tank is abandoned, that is no longer being serviced by the dealer, the tank must be removed 90 days after termination of use or service. Before removal of any underground tank, the dealer must first notify the inspector.

     [Liquefied Petroleum Gas Bd., Rule 12, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

      NAC 590.520  Reports of accidents. (NRS 590.505, 590.515, 590.519)

     1.  Any accident where a licensee is involved, and where it is possible that LP gas was a contributing factor, must be reported to the Board in writing by the affected licensee immediately upon receipt of information of the accident. The report must contain any pertinent information such as the location, names of persons involved and the type of accident.

     2.  If death or serious personal injury or injuries requiring hospitalization of persons or property damage of $2,000 or more results from the accident, the report must be made to the Board by telephone and followed by a written report.

     [Liquefied Petroleum Gas Bd., Rule 3, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 10-17-94)

      NAC 590.530  Condemnation of installations. (NRS 590.505, 590.515, 590.519)

     1.  The safety inspector may condemn any installation that is faulty or hazardous and any container of LP gas that does not meet the requirements of this chapter.

     2.  Condemnation of any containers must be accomplished by attaching to the container a notice of condemnation with a seal.

     3.  The inspector shall notify the supplier and the property owner at the time he or she condemns any installation and inform them in writing of the condemnation with instructions that the violation must be corrected within 10 days or as otherwise specified by the inspector. A copy of the condemnation must be forwarded to the Board for its files.

     4.  The Board will furnish the appointed inspector with adequate identification issued by the State of Nevada.

     [Liquefied Petroleum Gas Bd., Rule 1, eff. 5-31-74]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91)

Containers

      NAC 590.550  Maintenance of access. (NRS 590.505, 590.515, 590.519, 590.521)  The person who has legal control of the premises upon which a container is installed shall, at all times, maintain clear access to that container for safety, service or removal.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92)

      NAC 590.560  Disconnection from service; removal at request of customer; licensee prohibited from charging fee solely for termination of service by customer. (NRS 590.505, 590.515, 590.519, 590.521, 590.537)

     1.  Any person who disconnects a container from service shall immediately:

     (a) Secure the container against tampering; and

     (b) Secure the container against leakage by plugging the service valve or by any other method approved by the Board.

     2.  Upon receipt of a written request from a customer to remove a container from his or her premises, a person licensed by the Board pursuant to NRS 590.575 in class 1 or class 2 shall, except as otherwise provided in subsection 3, remove the container within 30 days after the receipt of the request.

     3.  The time limitation set forth in subsection 2 may be extended:

     (a) By not more than 15 days, if both the customer and licensee agree in writing to the extension;

     (b) By not more than 30 days, if the safety inspector employed by the Board determines that extenuating circumstances, such as severe weather, necessitate the extension; or

     (c) By more than 30 days, if the Board, upon the request of the customer or licensee, determines that circumstances necessitate the extension.

     4.  A licensee shall not charge a fee to a customer solely for the termination of service by the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 5-27-92; A by R073-10, 12-16-2010)

Regulations Adopted by Reference

      NAC 590.600  Adoption by reference of regulations for liquefied petroleum gas. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in the most current edition of NFPA 58: Liquefied Petroleum Gas Code issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. The Board will review each edition to ensure its suitability for Nevada and post on its Internet website which edition is currently adopted by reference by the Board. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $57.15 for members and $63.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.610  Adoption by reference of regulations for fuel gas. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in the most current edition of NFPA 54: National Fuel Gas Code issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. The Board will review each edition to ensure its suitability for Nevada and post on its Internet website which edition is currently adopted by reference by the Board. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $57.15 for members and $63.50 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.615  Adoption by reference of regulations for use of flame effects before audience. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in the most current edition of NFPA 160: Standard for the Use of Flame Effects Before an Audience issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. The Board will review each edition to ensure its suitability for Nevada and post on its Internet website which edition is currently adopted by reference by the Board. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $44.10 for members and $49.00 for nonmembers.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006; A by R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.620  Adoption by reference of regulations for manufactured home installations, sites and communities. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in the most current edition of NFPA 501A: Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. The Board will review each edition to ensure its suitability for Nevada and post on its Internet website which edition is currently adopted by reference by the Board. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $44.10 for members and $49.00 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010; R168-18, 6-26-2019)

      NAC 590.640  Adoption by reference of regulations for recreational vehicles. (NRS 590.505, 590.515)  The Board adopts by reference the regulations contained in the most current edition of NFPA 1192: Standard on Recreational Vehicles issued by the National Fire Protection Association which has been approved by the Board for use in Nevada. The Board will review each edition to ensure its suitability for Nevada and post on its Internet website which edition is currently adopted by reference by the Board. The most current edition that has been approved by the Board is available for purchase from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02169, by telephone at (800) 344-3555 or on the Internet at http://www.nfpa.org, for the price of $48.60 for members and $54.00 for nonmembers.

     [Liquefied Petroleum Gas Bd., part Liquid Gas Reg., eff. 2-25-73]—(NAC A by Bd. for Reg. of Liquefied Petrol. Gas, 12-23-91; 12-13-95; R014-03, 2-18-2004; R073-10, 12-16-2010; R168-18, 6-26-2019)

Administrative Proceedings

      NAC 590.644  Definitions. (NRS 590.505, 590.515)  As used in NAC 590.644 to 590.690, inclusive, unless the context otherwise requires:

     1.  “Licensee” includes:

     (a) A person who is licensed by the Board or who holds a certificate of competency issued by the Board pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive; and

     (b) An applicant for such a license or certificate.

     2.  “Presiding officer” means the Chair of the Board or any member of the Board designated by the Chair to preside over a hearing or matter before the Board.

     3.  “Staff” means the staff of the Board.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.647  Staff: Logging and recording of certain records. (NRS 590.505, 590.515)  The staff shall log and record all records relating to inquiries and written complaints, including, without limitation, memos of relevant conversations, all correspondence relating to a complaint, the minutes of any hearing and a copy of the complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.648  Confidentiality of certain documents and information. (NRS 590.505, 590.515)

     1.  Except as otherwise provided in this section or NRS 590.505 or 590.605, a complaint filed with the Board, any documents or other information filed with the complaint and any documents or other information compiled as a result of an investigation by the Board are confidential.

     2.  A complaint filed on behalf of the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R148-05, eff. 2-23-2006)

      NAC 590.650  Complaint: Filing; review by staff; mediated resolution; investigation under certain circumstances. (NRS 590.505, 590.515)

     1.  A person may file a complaint with the Board against a licensee concerning an alleged violation of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive, by the licensee. Such a complaint must be filed within 1 year after the date of the alleged violation.

     2.  The staff shall review the complaint to determine whether the complaint:

     (a) Involves a matter of public safety and must be investigated pursuant to NAC 590.657; or

     (b) Does not involve an issue of public safety and is acceptable for a mediated resolution.

     3.  If the staff determines that a complaint is acceptable for a mediated resolution, the staff shall contact the complainant in writing to determine whether the complainant agrees to mediate the issues in the complaint with the licensee.

     4.  If the complainant agrees to mediate the issues in the complaint with the licensee, the staff shall send to the licensee and, if applicable, the management of the licensee, by United States mail or electronic mail:

     (a) A copy of the complaint; and

     (b) Notice to submit a written response to the staff within 15 days after receipt by the licensee of the notice and complaint regarding whether the licensee agrees to mediate the issues in the complaint with the complainant.

     5.  If the licensee does not submit a written response pursuant to subsection 4 or does not agree to mediate the issues in the complaint with the complainant, the complaint must be investigated pursuant to NAC 590.657.

     6.  If a proposed mediated resolution of a complaint has been reached:

     (a) The proposed mediated resolution must be in writing and signed by the complainant and the licensee or, if applicable, the management of the licensee.

     (b) A member of the staff shall present the proposed mediated resolution to the Board at the next regularly scheduled meeting of the Board. The Board may approve, modify or deny the proposed mediated resolution.

     7.  If a matter raised in a complaint that is mediated pursuant to this section is not resolved through a mediated resolution pursuant to this section, the staff shall:

     (a) Notify the complainant and the licensee of that fact; and

     (b) Conduct an investigation of the complaint pursuant to NAC 590.657.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas, eff. 7-19-90; A by R014-03, 2-18-2004; R168-18, 6-26-2019)

      NAC 590.657  Investigation of complaint or information; notice of hearing and formal complaint; answer. (NRS 590.505, 590.515)

     1.  If a complaint is required to be investigated pursuant to NAC 590.650 or if the staff receives information independently that a licensee committed an alleged violation of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive, the staff shall conduct an investigation regarding the complaint or information.

     2.  When the investigation conducted pursuant to subsection 1 is complete, the staff who conducted the investigation shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the complaint or in the information received by the staff. If the staff determines that no such allegation set forth in the complaint can be sustained, the staff shall notify, in writing, the complainant and licensee of that determination. If the staff determines that no such allegation in the information received by the staff can be sustained, the staff shall notify the Board.

     3.  Except as otherwise provided in NAC 590.658, if the staff determines after an investigation conducted pursuant to subsection 1 that a violation of a statute or regulation as alleged in the complaint or information received by the staff can be sustained, the legal counsel for the Board shall prepare a notice of hearing and a formal complaint.

     4.  In addition to the requirements set forth in NRS 233B.121, a notice of hearing and a formal complaint must be signed by the legal counsel for the Board and a member of the staff who was active in the investigation.

     5.  The staff shall send a notice of hearing and a formal complaint prepared pursuant to this section to the licensee named in the notice by certified mail or personally serve the licensee with the notice of hearing and formal complaint.

     6.  A licensee who receives a notice of hearing and a formal complaint shall file an answer to the notice of hearing and the formal complaint with the Board:

     (a) Not later than 15 days after the date on which the notice of hearing and the formal complaint are personally served on the licensee; or

     (b) If the notice of hearing and the formal complaint are not personally served on the licensee, not later than 15 days after the date on which the notice of hearing and the formal complaint are deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     7.  An answer to a notice of hearing and a formal complaint must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.

     8.  If a licensee fails to file an answer as required by this section, the licensee shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing held on the formal complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.658  Issuance of citation and imposition of administrative fine in lieu of formal complaint; schedule of administrative fines; hearing upon request. (NRS 590.505, 590.535, 590.537, 590.605)

     1.  In lieu of the preparation of a formal complaint pursuant to NAC 590.657, the staff of the Board may issue a citation to and impose an administrative fine in an amount set forth in subsection 2 on a licensee or other person or business for a violation of a provision listed in subsection 2.

     2.  The Board adopts the following schedule of administrative fines for any citation issued pursuant to subsection 1:

 

 

     3.  In lieu of the preparation of a formal complaint pursuant to NAC 590.657, the staff of the Board may issue a citation to and impose an administrative fine in an amount set forth in NAC 590.235 on a person or business for a violation of NAC 590.235.

     4.  Within 30 days after the date of the issuance of a citation pursuant to subsection 1 or 3, the licensee, person or business to which the citation was issued may file a written request with the Board for a hearing. Such a hearing will be held pursuant to NAC 590.677, 590.680 and 590.687 within 45 days after the date on which the request for the hearing was filed.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R168-18, eff. 6-26-2019)

      NAC 590.660  Joining of formal complaints. (NRS 590.505, 590.515)  The Board may join two or more formal complaints into one formal complaint if:

     1.  The allegations contained in each formal complaint are against the same person and deal with substantially the same or similar violations of statutes or regulations; and

     2.  The Board determines that the joining of the formal complaints will serve the best interests of the Board and the parties involved.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.664  Exchange of copies of documents and lists of witnesses. (NRS 590.505, 590.515)

     1.  Not later than 10 days after a licensee files an answer to a notice of hearing and a formal complaint pursuant to NAC 590.657, the legal counsel for the Board and the licensee shall provide to each other, respectively:

     (a) Copies of all documents that are reasonably available to him or her which he or she reasonably anticipates will be used to support his or her position; and

     (b) A written list of the names of the witnesses whom he or she reasonably anticipates calling to testify at the hearing to support his or her position. The list must include the name and address, and a general description of the anticipated subject matter of the testimony, of each such witness.

     2.  If, after initially providing the copies of documents and the list of witnesses pursuant to subsection 1, the legal counsel for the Board or the licensee reasonably anticipates that other documents or witnesses will be used to support his or her position, or if any document or information previously provided changes, he or she shall forthwith supplement and update his or her submission to the other party.

     3.  If the legal counsel for the Board or the licensee fails to provide copies of documents or the list of witnesses, or any updated information relating thereto, as required by this section, the presiding officer may exclude the undisclosed document, the testimony of the undisclosed witness or the undisclosed information at the hearing.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)

      NAC 590.677  Hearings: Procedure; documents included in record; order of presentation; evidence. (NRS 590.505, 590.515)  For any hearing before the Board:

     1.  The presiding officer shall call the hearing to order and take the appearances.

     2.  The notice of hearing, any citation, petition, answer, response or written stipulation, and if the hearing concerns a disciplinary matter, the notice of hearing and the formal complaint and any other responsive pleading relating thereto, become a part of the record without being read into the record unless a party requests that such a document be read into the record.

     3.  The legal counsel for the Board shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing argument for the Board last.

     4.  Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

     (a) Opening statement by the legal counsel for the Board.

     (b) Opening statement by the respondent or the attorney for the respondent, who may choose to make the opening statement at the beginning of the respondent’s case.

     (c) Testimony of witnesses offered by the legal counsel for the Board as follows:

          (1) Direct examination by the legal counsel for the Board;

          (2) Cross-examination by the respondent or the attorney for the respondent;

          (3) Redirect examination by the legal counsel for the Board; and

          (4) Recross-examination by the respondent or the attorney for the respondent.

     (d) Testimony of witnesses offered by the respondent, as follows:

          (1) Direct examination by the respondent or the attorney for the respondent;

          (2) Cross-examination by the legal counsel for the Board;

          (3) Redirect examination by the respondent or the attorney for the respondent; and

          (4) Recross-examination by the legal counsel for the Board.

     (e) If applicable, closing arguments by the respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal counsel for the Board.

     5.  A member of the Board may, at any time during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including additional or documentary evidence.

     6.  If the hearing is a consolidated hearing, the hearing must proceed in the same manner as described in this section with the order of the parties and the presentation of evidence to be determined by the presiding officer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.680  Hearings: Appearance and representation of parties; qualification of attorney. (NRS 590.505, 590.515)

     1.  Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney.

     2.  A party to a formal complaint or citation shall attend the hearing of the formal complaint or citation in person unless the presiding officer waives the requirement of the attendance of the party.

     3.  If a party who is required to attend a hearing in person fails to do so without having obtained a waiver of the requirement of his or her attendance pursuant to subsection 2, the Board may:

     (a) Determine that the party’s failure to attend the hearing in person shall be deemed:

          (1) An admission of all matters and facts contained in the record with respect to the party; and

          (2) A waiver of the right to a hearing; and

     (b) Take action based upon such admission or upon any other evidence, including affidavits, without any further notice or a hearing.

     4.  If a party retains an attorney to represent the party before the Board, the attorney shall so notify the Board not later than 10 days after he or she is retained.

     5.  An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, the attorney must be associated with an attorney so admitted and entitled to practice.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.684  Disciplinary proceedings: Grounds for discipline. (NRS 590.505, 590.515, 590.605)  The following acts and omissions by a licensee are grounds for discipline:

     1.  Violating any provision of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive.

     2.  Failing to cooperate with the Board in relation to a citation or complaint, including, without limitation, in the investigation of a complaint or failing to file an answer as required by NAC 590.657.

     3.  Failing to attend a hearing without having obtained a waiver of the requirement of the licensee’s attendance.

     4.  Conducting business after his or her license or certificate of competency has lapsed if the license or certificate has not been renewed.

     5.  Conducting business after the insurance required by NAC 590.270 has lapsed if the insurance has not been renewed.

     6.  Willfully making a false report, record or claim in his or her business.

     7.  Failing to comply with a settlement agreement, an order of the Board or any other disposition of a prior disciplinary action or mediated resolution.

     8.  Advertising the licensee’s business in a manner that is:

     (a) False; or

     (b) Intended or has a tendency to:

          (1) Deceive or mislead the public; or

          (2) Create unrealistic expectations in any particular case.

     9.  Engaging in any other conduct that the Board determines constitutes unfitness or incompetence to engage in activities that are authorized by his or her license.

     10.  Acting or conducting the licensee’s operations in any manner which the Board deems to be inimical to and not in the best interests of the health, safety or welfare of the people of this State.

     11.  Being subject to disciplinary action in which a board or any other similar entity in this State or in the District of Columbia or another state or territory of the United States which has issued a license, certificate, registration or other credential in a related field to the licensee revokes or suspends the license, certificate, registration or other credential or takes any other disciplinary action against the licensee. As used in this subsection, a “license, certificate, registration or other credential in a related field” includes, without limitation, a general contractor’s license and a steam fitter’s license.

     12.  Delivering a lesser quantity of gas than the amount for which the licensee bills a customer with the intent to defraud the customer.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.687  Disciplinary proceedings: Final order or decision of Board. (NRS 590.505, 590.515, 590.605)

     1.  After a hearing on a citation or formal complaint, if the Board finds that the licensee or other person or business is:

     (a) Not guilty as charged in the citation or formal complaint, the Board will issue a final order or decision dismissing the charges and notify the licensee or other person or business that the charges have been dismissed.

     (b) Guilty as charged in the citation or formal complaint, the Board will:

          (1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

               (I) The danger to the health or safety of the public created by the violation;

               (II) The economic benefit received by the licensee or other person or business from the violation;

               (III) Any mitigation or aggravation by the licensee or other person or business of the effects of the violation;

               (IV) The extent to which the licensee or other person or business demonstrates good faith;

               (V) Any previous history of violations by the licensee or other person or business;

               (VI) Whether the licensee or other person or business knew or, as a competent person, should have known that the action complained of was a violation of a statute, a regulation or, if applicable, a condition of his or her license;

               (VII) Whether the licensee or other person or business has initiated remedial measures to prevent similar violations;

               (VIII) The magnitude of penalties imposed on other licensees or other persons or businesses for similar violations;

               (IX) The proportionality of the penalty in relation to the misconduct; and

               (X) If the licensee or other person or business offered evidence of mitigating factors, all such evidence;

          (2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to NRS 590.465 to 590.645, inclusive, and NAC 590.100 to 590.690, inclusive, require the licensee or other person or business to:

               (I) Fulfill certain training or educational requirements; and

               (II) Pay all costs incurred by the Board relating to the hearing; and

          (3) Issue and serve the final order or decision of the Board on the licensee or other person or business.

     2.  A final order or decision by the Board that is adverse to the licensee or other person or business must:

     (a) Be in writing;

     (b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

     (c) Specifically set forth the punishment imposed on the licensee or other person or business.

     3.  A final order or decision of the Board is effective on the earliest of:

     (a) The date on which the final order or decision is personally served on the licensee or other person or business;

     (b) The date on which the final order or decision is posted at the premises of the licensee or other person or business; or

     (c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the licensee or other person or business at the address of record of the licensee or other person or business.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18, 6-26-2019)

      NAC 590.690  Board authorized to recover investigative costs and impose penalty fees for violation alleged in citation or formal complaint. (NRS 590.505, 590.515, 590.605)  At a hearing, the Board may recover investigative costs from and impose penalty fees on any person, firm or corporation that is found guilty of a violation alleged in a citation or formal complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R073-10, eff. 12-16-2010; A by R168-18, 6-26-2019)

FEE FOR CERTAIN FUELS AND HEATING OIL

      NAC 590.800  Payment by dealers and suppliers. (NRS 445C.330)

     1.  A dealer in or supplier of petroleum products who is licensed in this State must pay the fee imposed by NRS 445C.330 if:

     (a) He or she imports motor vehicle fuel, diesel fuel of grade number 1 or 2 or heating oil into this State; or

     (b) He or she deals in any product listed in paragraph (a) that is refined in this State.

     2.  The fee must be remitted with the dealer’s or supplier’s monthly tax return.

     3.  As used in this section, “motor vehicle fuel” has the meaning ascribed to it in NRS 365.060.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by Dep’t of Motor Veh. by R148-06, 9-18-2006)

      NAC 590.810  Provision of refund or credit for exportation. (NRS 445C.330)

     1.  The fee imposed by NRS 445C.330 that is paid for a petroleum product may be refunded, or a credit may be given, upon proper application and proof that the product was exported from this State. A credit or refund will only be given to the exporter of record. Any refund must be applied for within 3 months after the date of exportation.

     2.  A dealer in, or supplier or exporter of, petroleum products who is not licensed in this State pursuant to NRS 365.270 or 366.220 must submit with his or her application for a refund:

     (a) An invoice of the original purchase which indicates the fee was paid to his or her vendor; and

     (b) Proof that the product was exported,

Ê before the fee will be refunded.

     3.  A dealer in or supplier of petroleum products who is licensed in this State may take a credit in lieu of a refund on his or her monthly fuel tax return or statement if the credit is documented on the forms prescribed by the Department to detail all acquisitions and disbursements.

     4.  For the purpose of this section, proof of exportation includes, but is not limited to:

     (a) An export manifest; or

     (b) A report of a dealer or supplier declaring the import to the receiving state.

     (Added to NAC by Dep’t of Taxation, eff. 8-2-90; A by Dep’t of Motor Veh. by R148-06, 9-18-2006)