NRS: CHAPTER 582 - PUBLIC WEIGHMASTERS

[Rev. 11/4/2011 4:20:02 PM]

CHAPTER 582 - PUBLIC WEIGHMASTERS

GENERAL PROVISIONS

NRS 582.001 Definitions.

NRS 582.004 “Division” defined.

NRS 582.011 “Public weighing” defined.

NRS 582.012 “Public weighmaster” defined.

NRS 582.017 “Vehicle” defined.

ADMINISTRATION

NRS 582.021 Duties of State Sealer of Weights and Measures.

NRS 582.025 General authority to adopt regulations.

NRS 582.026 Enforcement of chapter: Authority to obtain restraining order or temporary or permanent injunction.

PUBLIC WEIGHMASTERS

NRS 582.028 License required; qualifications.

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

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

NRS 582.031 Licenses: Evidence of qualifications.

NRS 582.0311 Licenses: Determination of qualifications; examination.

NRS 582.032 Payment of child support: Statement by applicant for license; grounds for denial of license; duty of State Sealer of Weights and Measures. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 582.034 Licenses: Application to include social security number of applicant. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 582.040 Licenses: Issuance; fee.

NRS 582.043 Licenses: Record of licenses issued.

NRS 582.045 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 582.049 Licenses: Additional grounds for suspension or revocation.

CERTIFICATES OF WEIGHTS AND MEASURES

NRS 582.085 Prima facie evidence of accuracy of measurement; contents of certificate.

NRS 582.095 Requirements for entry of measurement values.

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

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

STANDARDS FOR PUBLIC WEIGHING

NRS 582.200 Measurement practices and equipment.

NRS 582.210 Requirements for weighing vehicle or combination of vehicles; variance.

UNLAWFUL ACTS AND PENALTIES

NRS 582.300 Prohibited acts; civil penalty.

NRS 582.310 Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in county school district fund.

NRS 582.320 Criminal penalties.

_________

GENERAL PROVISIONS

NRS 582.001 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 582.004 to 582.017, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2003, 2321)

NRS 582.004 “Division” defined. “Division” means the Division of Measurement Standards of the State Department of Agriculture.

(Added to NRS by 2003, 2321)

NRS 582.011 “Public weighing” defined. “Public weighing” means the weighing, measuring or counting, upon request, of vehicles, property, produce, commodities or articles other than those that the weigher or the employer of the weigher, if any, is either buying or selling.

(Added to NRS by 2003, 2321)

NRS 582.012 “Public weighmaster” defined. “Public weighmaster” means any person who performs public weighing.

(Added to NRS by 2003, 2321)

NRS 582.017 “Vehicle” defined. “Vehicle” means any device other than a railroad freight car in, upon or by which any property, produce, commodity or article is or may be transported or drawn.

(Added to NRS by 2003, 2321)

ADMINISTRATION

NRS 582.021 Duties of State Sealer of Weights and Measures. The State Sealer of Weights and Measures shall:

1. Enforce the provisions of this chapter;

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

3. Adopt reasonable regulations for the enforcement of this chapter; and

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

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

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

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

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

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

(Added to NRS by 2003, 2321)

NRS 582.025 General authority to adopt regulations. The State Sealer of Weights and Measures may adopt such regulations as are reasonably necessary to carry out the provisions of this chapter. Any such regulations shall comply, insofar as practicable, with specifications, tolerances and regulations recommended by the National Institute of Standards and Technologies.

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

NRS 582.026 Enforcement of chapter: Authority to obtain restraining order or temporary or permanent injunction. The State Sealer of Weights and Measures may apply to a court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining a person from violating any provision of this chapter or any regulation adopted pursuant thereto.

(Added to NRS by 2003, 2326)

PUBLIC WEIGHMASTERS

NRS 582.028 License required; qualifications. Except as otherwise provided in NRS 582.029, to act as a public weighmaster, a person must receive a license from the State Sealer of Weights 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 weights and measures; and

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

(Added to NRS by 2003, 2322)

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

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

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

(b) A person weighing property, produce, commodities or articles:

(1) That the person or the person’s employer is buying or selling; or

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

2. A person described in subsection 1 shall not issue a certificate of weights and measures unless the person holds a license as a public weighmaster.

(Added to NRS by 2003, 2324)

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

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

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

(a) Test all weighing apparatus to be used.

(b) Inspect the premises intended for such use.

(c) Be satisfied that the applicant is in every way equipped, qualified, competent and of such character that the person should be issued a license as a public weighmaster.

[Part 1:92:1923; NCL § 8307] + [Part 9:92:1923; A 1955, 295]—(NRS A 1977, 614; 2003, 2326)

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

(Added to NRS by 2003, 2322)

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

1. The information provided on the application and any supplementary information determined appropriate by the State Sealer of Weights and Measures; and

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

(Added to NRS by 2003, 2322)

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

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

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

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

3. A license as a public weighmaster may not be issued or 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 to subsection 1; or

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

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he or she is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the State Sealer of Weights and Measures shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

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

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

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

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

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

1. Grant licenses as public weighmasters to qualified applicants; and

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

(Added to NRS by 2003, 2322)

1. If the State Sealer of Weights and Measures receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is licensed as a public weighmaster, the State Sealer of Weights and Measures shall deem the license to be suspended at the end of the 30th day after the date on which the court order was issued unless the State Sealer of Weights and Measures receives a letter issued to the licensee by the district attorney or other public agency pursuant to NRS 425.550 stating that the licensee has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

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

NRS 582.049 Licenses: Additional grounds for suspension or revocation. The State Sealer of Weights and Measures may suspend or revoke the license of a public weighmaster:

1. When, following a hearing held after 10 days’ notice to the licensee, the State Sealer of Weights and Measures is satisfied that the licensee has violated a provision of this chapter or any regulation adopted pursuant thereto;

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

3. When the licensee is convicted of a felony.

(Added to NRS by 2003, 2325)

CERTIFICATES OF WEIGHTS AND MEASURES

NRS 582.085 Prima facie evidence of accuracy of measurement; contents of certificate.

1. A certificate of weights and measures, when properly filled out and signed, is prima facie evidence of the accuracy of the measurements shown.

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

(a) The name and license number of the public weighmaster;

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

(d) The name of the recipient of the commodity, if applicable;

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

(f) The consecutive number of the certificate;

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

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

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

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

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

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

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

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

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

(Added to NRS by 2003, 2322)

NRS 582.095 Requirements for entry of measurement values.

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

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

(b) Shall enter only the measurement values personally determined; and

2. If the certificate of weights and measures provides for entries of gross, tare or net weight or measure, the public weighmaster shall:

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

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

(Added to NRS by 2003, 2322)

NRS 582.115 Maintenance of copies of certificates issued; inspection of certificates. A public weighmaster shall keep and preserve a legible copy of each certificate of weights and measures which the public weighmaster issues for the period specified by the State Sealer of Weights and Measures by regulation. The certificates must be available for inspection by an authorized employee of the Division during normal office hours.

(Added to NRS by 2003, 2324)

NRS 582.125 Acceptance of certificates issued by public weighmasters of other states. The State Sealer of Weights and Measures may recognize and accept certificates of weights and measures issued by licensed public weighmasters of any other state if that other state recognizes and accepts certificates of weights and measures issued by licensed public weighmasters of this state.

(Added to NRS by 2003, 2324)

STANDARDS FOR PUBLIC WEIGHING

NRS 582.200 Measurement practices and equipment. A public weighmaster shall only use measurement practices and equipment:

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

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

(Added to NRS by 2003, 2323)

NRS 582.210 Requirements for weighing vehicle or combination of vehicles; variance.

1. Except as otherwise provided in subsection 2:

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

(b) When weighing a combination of vehicles that will not rest fully, completely and as one complete unit on the scale platform:

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

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

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

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

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

(c) The maximum distance between the front and rear outer axles of a vehicle or combination of vehicles to which the variance would apply.

(d) A statement certifying that, during the split weighing of any vehicle or combination of vehicles, the public weighmaster will verify that:

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

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

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

(Added to NRS by 2003, 2323)

UNLAWFUL ACTS AND PENALTIES

NRS 582.300 Prohibited acts; civil penalty.

1. A person shall not:

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

(1) Assuming the title of public weighmaster or any similar title;

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

(3) Holding himself or herself out as a public weighmaster;

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

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

(b) Use or operate any device for purposes of certification that does not meet, or is not operated in accordance with, the provisions of chapter 581 of NRS and any regulations adopted pursuant thereto relating to the specifications, tolerances and other technical requirements for weighing and measuring devices;

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

(d) Refuse without cause to weigh or measure any article or thing which is the person’s duty to weigh or measure, or refuse to state in any certificate anything required to be therein;

(e) Hinder or obstruct in any way the State Sealer of Weights and Measures or an authorized agent thereof in the performance of the official duties of the State Sealer of Weights and Measures under this chapter;

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

(g) Delegate his or her authority to a person not licensed as a public weighmaster;

(h) Request a false certificate of weights and measures, or request a public weighmaster to weigh, measure or count property or produce, or a vehicle, commodity or any other article falsely or incorrectly;

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

(j) Use or possess a device for weighing and measuring which has been altered to facilitate fraud.

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

(Added to NRS by 2003, 2324)

NRS 582.310 Civil penalties: Administrative appeal; judicial review; payment; civil action for recovery; deposit in county school district fund.

1. A person subject to a civil penalty may request an administrative hearing within 10 days after receipt of the notice of the civil penalty. The State Sealer of Weights and Measures or a designee thereof shall conduct the hearing after giving appropriate notice to the respondent. The decision of the State Sealer of Weights and Measures or designee is subject to appropriate judicial review.

2. If the respondent has exhausted all administrative appeals and the civil penalty has been upheld, the respondent shall pay the civil penalty:

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

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

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

(Added to NRS by 2003, 2325)

NRS 582.320 Criminal penalties.

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

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

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

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

Ê is guilty of a category E felony and shall be punished as provided in NRS 193.130.

(Added to NRS by 2003, 2325)