2005 Nevada Revised Statutes - Chapter 582 — Public Weighmasters

CHAPTER 582 - PUBLIC WEIGHMASTERS

GENERAL PROVISIONS

NRS 582.001 Definitions.

NRS 582.004 Divisiondefined.

NRS 582.011 Publicweighing defined.

NRS 582.012 Publicweighmaster defined.

NRS 582.017 Vehicledefined.

ADMINISTRATION

NRS 582.021 Dutiesof State Sealer of Weights and Measures.

NRS 582.025 Generalauthority to adopt regulations.

NRS 582.026 Enforcementof chapter: Authority to obtain restraining order or temporary or permanentinjunction.

PUBLIC WEIGHMASTERS

NRS 582.028 Licenserequired; qualifications.

NRS 582.029 Licenses:Persons exempt from licensing; issuance of certificate of weights and measuresprohibited without license.

NRS 582.030 Licenses:Application; test of weighing apparatus; inspection of premises.

NRS 582.031 Licenses:Evidence of qualifications.

NRS 582.0311 Licenses:Determination of qualifications; examination.

NRS 582.032 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of State Sealer of Weights and Measures. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 582.034 Licenses:Application to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 582.040 Licenses:Issuance; fee.

NRS 582.043 Licenses:Record of licenses issued.

NRS 582.045 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 582.049 Licenses:Additional grounds for suspension or revocation.

CERTIFICATES OF WEIGHTS AND MEASURES

NRS 582.085 Primafacie evidence of accuracy of measurement; contents of certificate.

NRS 582.095 Requirementsfor entry of measurement values.

NRS 582.115 Maintenanceof copies of certificates issued; inspection of certificates.

NRS 582.125 Acceptanceof certificates issued by public weighmasters of other states.

STANDARDS FOR PUBLIC WEIGHING

NRS 582.200 Measurementpractices and equipment.

NRS 582.210 Requirementsfor weighing vehicle or combination of vehicles; variance.

UNLAWFUL ACTS AND PENALTIES

NRS 582.300 Prohibitedacts; civil penalty.

NRS 582.310 Civilpenalties: Administrative appeal; judicial review; payment; civil action forrecovery; deposit in county school district fund.

NRS 582.320 Criminalpenalties.

_________

GENERAL PROVISIONS

NRS 582.001 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS582.004 to 582.017, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 2003, 2321)

NRS 582.004 Divisiondefined. Division means the Division of MeasurementStandards of the State Department of Agriculture.

(Added to NRS by 2003, 2321)

NRS 582.011 Publicweighing defined. Public weighing means theweighing, measuring or counting, upon request, of vehicles, property, produce,commodities or articles other than those that the weigher or his employer, ifany, is either buying or selling.

(Added to NRS by 2003, 2321)

NRS 582.012 Publicweighmaster defined. Public weighmastermeans any person who performs public weighing.

(Added to NRS by 2003, 2321)

NRS 582.017 Vehicledefined. Vehicle means any device other thana railroad freight car in, upon or by which any property, produce, commodity orarticle is or may be transported or drawn.

(Added to NRS by 2003, 2321)

ADMINISTRATION

NRS 582.021 Dutiesof State Sealer of Weights and Measures. TheState Sealer of Weights and Measures shall:

1. Enforce the provisions of this chapter;

2. Adopt regulations establishing a schedule of civilpenalties for any violation of this chapter;

3. Adopt reasonable regulations for the enforcement ofthis chapter; and

4. Adopt regulations relating to public weighing thatinclude, without limitation:

(a) The qualifications of an applicant for a license asa public weighmaster;

(b) Requirements for the renewal of a license as apublic weighmaster;

(c) The period of validity of a license as a publicweighmaster;

(d) Measurement practices that must be followed,including the measurement or recording of tare weight;

(e) The required information to be submitted with or aspart of a certificate of weights and measures; and

(f) The period for which records must be kept.

(Added to NRS by 2003, 2321)

NRS 582.025 Generalauthority to adopt regulations. The StateSealer of Weights and Measures may adopt such regulations as are reasonablynecessary to carry out the provisions of this chapter. Any such regulationsshall comply, insofar as practicable, with specifications, tolerances andregulations recommended by the National Institute of Standards andTechnologies.

(Added to NRS by 1971, 345; A 1977, 614; 2003, 2326)

NRS 582.026 Enforcementof chapter: Authority to obtain restraining order or temporary or permanentinjunction. The State Sealer of Weights andMeasures may apply to a court of competent jurisdiction for a restrainingorder, or a temporary or permanent injunction, restraining a person fromviolating any provision of this chapter or any regulation adopted pursuantthereto.

(Added to NRS by 2003, 2326)

PUBLIC WEIGHMASTERS

NRS 582.028 Licenserequired; qualifications. Except as otherwiseprovided in NRS 582.029, to act as apublic weighmaster, a person must receive a license from the State Sealer ofWeights and Measures. To qualify for a license, a person must:

1. Be able to weigh and measure accurately;

2. Be able to generate correct certificates of weightsand measures; and

3. Possess such other qualifications as required bythe regulations adopted pursuant to this chapter.

(Added to NRS by 2003, 2322)

NRS 582.029 Licenses:Persons exempt from licensing; issuance of certificate of weights and measuresprohibited without license.

1. Except as otherwise provided in this section, thefollowing persons may, but are not required to, obtain licenses as publicweighmasters to engage in public weighing:

(a) A law enforcement or weights and measures officeror other qualified employee of the State, a city or a county agency orinstitution when acting within the scope of his official duties.

(b) A person weighing property, produce, commodities orarticles:

(1) That he or his employer is buying orselling; or

(2) In conformity with the requirements offederal statutes or the statutes of this state relating to warehousemen orprocessors.

2. A person described in subsection 1 shall not issuea certificate of weights and measures unless he holds a license as a publicweighmaster.

(Added to NRS by 2003, 2324)

NRS 582.030 Licenses:Application; test of weighing apparatus; inspection of premises.

1. Any person may apply to the State Sealer of Weightsand Measures for licensure as a public weighmaster with authority to issuestate certificates of weights and measures upon which the purchase or sale ofcommodities or charge for services or equipment will be based.

2. Before issuing a license as a public weighmaster,the State Sealer of Weights and Measures or his deputy must:

(a) Test all weighing apparatus to be used.

(b) Inspect the premises intended for such use.

(c) Satisfy himself that the applicant is in every wayequipped, qualified, competent and of such character that he should be issued alicense as a public weighmaster.

[Part 1:92:1923; NCL 8307] + [Part 9:92:1923; A1955, 295](NRS A 1977, 614; 2003, 2326)

NRS 582.031 Licenses:Evidence of qualifications. An applicant for alicense as a public weighmaster must furnish evidence on a form provided by theState Sealer of Weights and Measures that he has the qualifications required byNRS 582.028.

(Added to NRS by 2003, 2322)

NRS 582.0311 Licenses:Determination of qualifications; examination. TheState Sealer of Weights and Measures shall determine the qualifications of anapplicant for a license as a public weighmaster based on:

1. The information provided on the application and anysupplementary information determined appropriate by the State Sealer of Weightsand Measures; and

2. The results of an examination of the knowledge ofthe applicant.

(Added to NRS by 2003, 2322)

NRS 582.032 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of State Sealer of Weights and Measures. [Expires by limitationon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. An applicant for the issuance or renewal of alicense as a public weighmaster shall submit to the State Sealer of Weights andMeasures the statement prescribed by the Division of Welfare and SupportiveServices of the Department of Health and Human Services pursuant to NRS 425.520. The statement must becompleted and signed by the applicant.

2. The State Sealer of Weights and Measures shallinclude the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of a license as a public weighmaster; or

(b) A separate form prescribed by the State Sealer ofWeights and Measures.

3. A license as a public weighmaster may not be issuedor renewed by the State Sealer of Weights and Measures pursuant to NRS 581.103 if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the State Sealer of Weightsand Measures shall advise the applicant to contact the district attorney orother public agency enforcing the order to determine the actions that theapplicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2098; A 2003, 2326)

NRS 582.034 Licenses:Application to include social security number of applicant. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] An applicationfor a license as a public weighmaster must include the social security numberof the applicant.

(Added to NRS by 1997, 2099; A 2003, 2327)

NRS 582.040 Licenses:Issuance; fee. If satisfied with thequalifications of the applicant, the State Sealer of Weights and Measures shallissue a license as a public weighmaster, for which license he shall charge afee established by regulation of the State Board of Agriculture.

[Part 9:92:1923; A 1955, 295](NRS A 1967, 101; 1977,614; 1983, 1102; 1999,3599; 2003, 2327)

NRS 582.043 Licenses:Record of licenses issued. The State Sealer ofWeights and Measures shall:

1. Grant licenses as public weighmasters to qualifiedapplicants; and

2. Keep a record of all applications submitted and alllicenses issued.

(Added to NRS by 2003, 2322)

NRS 582.045 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the State Sealer of Weights and Measuresreceives a copy of a court order issued pursuant to NRS 425.540 that provides for thesuspension of all professional, occupational and recreational licenses,certificates and permits issued to a person who is licensed as a publicweighmaster, the State Sealer of Weights and Measures shall deem the license tobe suspended at the end of the 30th day after the date on which the court orderwas issued unless he receives a letter issued to the licensee by the districtattorney or other public agency pursuant to NRS425.550 stating that the licensee has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560.

2. The State Sealer of Weights and Measures shallreinstate a license of appointment as a public weighmaster suspended by adistrict court pursuant to NRS 425.540if the State Sealer of Weights and Measures receives a letter issued by thedistrict attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2098; A 2003, 2327)

NRS 582.049 Licenses:Additional grounds for suspension or revocation. TheState Sealer of Weights and Measures may suspend or revoke the license of apublic weighmaster:

1. When, following a hearing held after 10 daysnotice to the licensee, the State Sealer of Weights and Measures is satisfiedthat the licensee has violated a provision of this chapter or any regulationadopted pursuant thereto;

2. When the licensee has been convicted in a court ofcompetent jurisdiction of violating a provision of this chapter or anyregulation adopted pursuant thereto; or

3. When the licensee is convicted of a felony.

(Added to NRS by 2003, 2325)

CERTIFICATES OF WEIGHTS AND MEASURES

NRS 582.085 Primafacie evidence of accuracy of measurement; contents of certificate.

1. A certificate of weights and measures, whenproperly filled out and signed, is prima facie evidence of the accuracy of themeasurements shown.

2. The design of and the information to be furnishedon a certificate of weights and measures must be prescribed by the State Sealerof Weights and Measures by regulation, and include, without limitation:

(a) The name and license number of the publicweighmaster;

(b) The kind of commodity weighed, measured or counted;

(c) The name of the owner, agent or consignee of thecommodity;

(d) The name of the recipient of the commodity, ifapplicable;

(e) The date on which the certificate is issued;

(f) The consecutive number of the certificate;

(g) The identification, including any identification number,of the carrier transporting the commodity, and the identification number orlicense number of the vehicle;

(h) Any relevant information needed to distinguish oridentify the commodity from a like kind;

(i) The number of units of the commodity, if applicable;

(j) The measure of the commodity, if applicable;

(k) The weight or mass of the commodity and the vehicleor container, if applicable, as follows:

(1) The gross weight of the commodity and theassociated vehicle or container;

(2) The tare weight of the unladened vehicle orcontainer; or

(3) Both the gross and tare weight and theresultant net weight of the commodity; and

(l) The signature of the public weighmaster whodetermined the weight, measure or count.

(Added to NRS by 2003, 2322)

NRS 582.095 Requirementsfor entry of measurement values.

1. When filling out a certificate of weights andmeasures, a public weighmaster:

(a) Shall enter the measurement values so that thecertificate clearly shows that the measurements were actually determined;

(b) Shall enter only the measurement values personallydetermined; and

(c) Shall not enter any measurement values determinedby other persons.

2. If the certificate of weights and measures providesfor entries of gross, tare or net weight or measure, the public weighmastershall:

(a) Strike out or otherwise cancel the printed entriesfor the values not determined; or

(b) If the values were not determined on the same scaleor on the same date shown on the certificate, enter on the certificate thescale and date on which the values were determined.

(Added to NRS by 2003, 2322)

NRS 582.115 Maintenanceof copies of certificates issued; inspection of certificates. A public weighmaster shall keep and preserve a legiblecopy of each certificate of weights and measures which he issues for the periodspecified by the State Sealer of Weights and Measures by regulation. Thecertificates must be available for inspection by an authorized employee of theDivision during normal office hours.

(Added to NRS by 2003, 2324)

NRS 582.125 Acceptanceof certificates issued by public weighmasters of other states. The State Sealer of Weights and Measures may recognize andaccept certificates of weights and measures issued by licensed publicweighmasters of any other state if that other state recognizes and acceptscertificates of weights and measures issued by licensed public weighmasters ofthis state.

(Added to NRS by 2003, 2324)

STANDARDS FOR PUBLIC WEIGHING

NRS 582.200 Measurementpractices and equipment. A public weighmastershall only use measurement practices and equipment:

1. In accordance with the provisions of this chapterand any regulations adopted pursuant thereto; and

2. That have been examined, tested and approved foruse by an authorized employee of the Division.

(Added to NRS by 2003, 2323)

NRS 582.210 Requirementsfor weighing vehicle or combination of vehicles; variance.

1. Except as otherwise provided in subsection 2:

(a) A public weighmaster shall not weigh a vehicle orcombination of vehicles when part of the vehicle or connected combination isnot resting fully, completely and as one entire unit on the scale.

(b) When weighing a combination of vehicles that willnot rest fully, completely and as one complete unit on the scale platform:

(1) The combination of vehicles must bedisconnected and weighed in single drafts; and

(2) The weights of the single drafts may becombined in order to issue a single certificate of weights and measures for thecombination, provided that the certificate indicates that the total representsa combination of single draft weighings.

2. A public weighmaster who operates a vehicle scalethat was installed before January 1, 2004, may apply to the State Sealer ofWeights and Measures for a permanent variance from the requirements ofsubsection 1 that would allow the split weighing of certain vehicles orcombinations of vehicles. The request must contain:

(a) The name, address and telephone number of thepublic weighmaster and the reason for the request.

(b) The name of the manufacturer, and the type,location, deck length, serial number and capacity, of the vehicle scale.

(c) The maximum distance between the front and rearouter axles of a vehicle or combination of vehicles to which the variance wouldapply.

(d) A statement certifying that, during the splitweighing of any vehicle or combination of vehicles, the public weighmaster willverify that:

(1) Each axle of the vehicle or combination ofvehicles rests on a straight surface which is level with the deck of thevehicle scale or which, if not level, the amount by which it is out of level doesnot exceed 1/3 inch per foot of distance between the deck of the vehicle scaleand the axle;

(2) The brakes of the vehicle or combination ofvehicles are not used; and

(3) The transmission of the vehicle orcombination of vehicles is in neutral.

(Added to NRS by 2003, 2323)

UNLAWFUL ACTS AND PENALTIES

NRS 582.300 Prohibitedacts; civil penalty.

1. A person shall not:

(a) Except as otherwise provided in NRS 582.029, act as a public weighmasterwithout a valid license, including, without limitation:

(1) Assuming the title of public weighmaster orany similar title;

(2) Performing the duties or acts to beperformed by a public weighmaster;

(3) Holding himself out as a public weighmaster;

(4) Issuing any certificate of weights andmeasures, ticket, memorandum or statement for which a fee is charged; or

(5) Engaging in a full-time or part-time businessof measuring for hire;

(b) Use or operate any device for purposes ofcertification that does not meet, or is not operated in accordance with, theprovisions of chapter 581 of NRS and any regulationsadopted pursuant thereto relating to the specifications, tolerances and othertechnical requirements for weighing and measuring devices;

(c) Falsify a certificate of weights and measures orfalsely certify any gross, tare or net weight or measure required by thischapter to be on the certificate;

(d) Refuse without cause to weigh or measure anyarticle or thing which is his duty to weigh or measure, or refuse to state inany certificate anything required to be therein;

(e) Hinder or obstruct in any way the State Sealer ofWeights and Measures or his authorized agent in the performance of the officialduties of the State Sealer of Weights and Measures under this chapter;

(f) Violate any provision of this chapter or anyregulation adopted pursuant thereto;

(g) Delegate his authority to a person not licensed asa public weighmaster;

(h) Request a false certificate of weights andmeasures, or request a public weighmaster to weigh, measure or count propertyor produce, or a vehicle, commodity or any other article falsely orincorrectly;

(i) Issue a certificate simulating the certificate ofweights and measures issued pursuant to this chapter; or

(j) Use or have in his possession a device for weighingand measuring which has been altered to facilitate fraud.

2. A person who violates any provision of this sectionis, in addition to any criminal penalty that may be imposed, subject to a civilpenalty in accordance with the schedule of civil penalties established by theState Sealer of Weights and Measures pursuant to NRS 582.021.

(Added to NRS by 2003, 2324)

NRS 582.310 Civilpenalties: Administrative appeal; judicial review; payment; civil action forrecovery; deposit in county school district fund.

1. A person subject to a civil penalty may request anadministrative hearing within 10 days after receipt of the notice of the civilpenalty. The State Sealer of Weights and Measures or his designee shall conductthe hearing after giving appropriate notice to the respondent. The decision ofthe State Sealer of Weights and Measures or his designee is subject toappropriate judicial review.

2. If the respondent has exhausted his administrativeappeals and the civil penalty has been upheld, he shall pay the civil penalty:

(a) If no petition for judicial review is filedpursuant to NRS 233B.130, within 40days after the final decision of the State Sealer of Weights and Measures; or

(b) If a petition for judicial review is filed pursuantto NRS 233B.130 and the civil penaltyis upheld, within 10 days after the effective date of the final decision of thecourt.

3. If the respondent fails to pay the civil penalty, acivil action may be brought by the State Sealer of Weights and Measures in anycourt of competent jurisdiction to recover the civil penalty. All civilpenalties collected pursuant to this chapter must be remitted to the countytreasurer of the county in which the violation occurred for credit to thecounty school district fund.

(Added to NRS by 2003, 2325)

NRS 582.320 Criminalpenalties.

1. Except as otherwise provided in subsection 2, aperson who by himself, by his servant or agent, or as the servant or agent ofanother person violates any provision of this chapter is guilty of a grossmisdemeanor and shall be punished by imprisonment in the county jail for notless than 6 months or more than 1 year, or by a fine of not less than $1,000 ormore than $5,000, or by both fine and imprisonment.

2. A person who by himself, by his servant or agent,or as the servant or agent of another person:

(a) Intentionally violates any provision of thischapter or any regulation adopted pursuant thereto; or

(b) Is convicted pursuant to subsection 1 more thanthree times in a 2-year period,

is guilty ofa category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 2003, 2325)

 

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