Nev. Admin. Code § 581.210

Current through October 11, 2024

Section 581.210 - Weighing and measuring devices: Tests and services for which fees will be charged; fees for tests; failure to pay fee

1. The inspections, tests and services for which fees will be charged pursuant to this section include, without limitation:

(a) A reinspection or retest of:

(1) A device found to not be in compliance during an inspection or test conducted pursuant to subsection 2, 7, 10, 11, 12, 13 or 23 of NRS 581.067 and for which a notice or order stating "repair," "stop-use," "hold," "out of order" or some other such notice or order was issued by the State Sealer of Measurement Standards;

(2) A packaged commodity found to not be in compliance during an inspection or test conducted pursuant to subsection 15 of NRS 581.067 and for which an order stating "hold" or "stop-use" or some other such order was issued by the State Sealer of Measurement Standards;

(3) A commodity for which the method of sale was found to not be in compliance during an inspection or test conducted pursuant to subsection 16 of NRS 581.067 and for which an order stating "hold" or some other such order was issued by the State Sealer of Measurement Standards;

(4) A commodity for which the advertised price was found to not be in compliance during an inspection or test conducted pursuant to subsection 19 of NRS 581.067 and for which an order stating "hold" or some other such order was issued by the State Sealer of Measurement Standards; or

(5) A point-of-sale system or cash register found to not be in compliance during a test conducted pursuant to subsection 20 of NRS 581.067.

If, upon the arrival of the inspector during normal business hours, a reinspection or retest described in subparagraphs (1) to (5), inclusive, cannot be performed for any reason which is not the fault of the Division or the inspector, any fee which would have been charged for the reinspection or retest remains due.

(b) A trip to inspect or test a device which was not available or ready for inspection or testing at the time:

(1) Of a routine inspection or test conducted on any commercial premises during normal business hours pursuant to subsection 11 of NRS 581.067; or

(2) Scheduled for a special trip to inspect or test a device.

(c) An inspection or test requested for a device if a special trip is required to perform the inspection or test. If, upon the arrival of the inspector, the inspection or test scheduled for the device cannot be performed for any reason which is not the fault of the Division or the inspector, any fee which would have been charged for that inspection or test remains due.

(d) A test requested for a noncommercial device.

(e) A calibration according to industrial standards of weights and measures.

(f) An adjustment of a commercial weighing and measuring equipment or cannabis weighing and measuring equipment immediately following a determination of noncompliance during a test conducted by the Division.

2. The fees for inspections and tests of devices conducted by the Division pursuant to this section are:

(a) For scale devices:
500 pounds and under tested with a Class F, Echelon III weight kit...........................	$32
500 pounds and under tested with a Class II, Echelon II weight kit......................	60
Over 500 pounds through 2,000 pounds.........................................................................	90
Over 2,000 pounds through 5,000 pounds....................................................................	240
Over 5,000 pounds through 30,000 pounds..................................................................	420
Over 30,000 pounds......................................................................................................	450
Hopper, 5,000 pounds and under..................................................................................	600
Hopper, over 5,000 pounds..........................................................................................	750
(b) For linear devices..............................................................................................................	42
(c) For meter devices:
Dispenser, hose, meter or octane grade tested with a 5-gallon prover...........................	30
Dispenser tested with a prover larger than 5 gallons....................................................	222
Truck- or rack-mounted meter, rated to a maximum capacity of up to 120 gallons per minute.............................................................................................	222
Truck- or rack-mounted meter, rated to a maximum capacity of over 120 gallons per minute.............................................................................................	420
Nontemperature-compensated meter used to measure liquid petroleum gas..........................................................................................................	222
Temperature-compensated meter used to measure liquid petroleum gas............................................................................................................................	450
(d) For standards of mass, volume or length, per hour:
For certification of standards for use in testing commercial weighing and measuring equipment or cannabis weighing and measuring equipment for a service agency or serviceperson registered in accordance with the provisions of NAC 581.330.............................................	95
For certification of standards for use by any person other than those registered in accordance with the provisions of NAC 581.330...............................................................	115
(e) For point-of-sale systems and cash registers not in compliance:
For not more than five point-of-sale systems or cash registers......................................	50
For six or more point-of-sale systems or cash registers ...............................................	125

3. The fees for reinspecting or retesting commercial weighing and measuring equipment or cannabis weighing and measuring equipment which has been repaired or adjusted following a determination of noncompliance pursuant to subsection 1 and for which no follow-up trip is required to perform the reinspection or retest are:

(a) For scale devices:

500 pounds and under tested with a Class F, Echelon III weight kit..........................	$16
500 pounds and under tested with a Class II, Echelon II weight kit............................	23
Over 500 pounds through 2,000 pounds.......................................................................	45
Over 2,000 pounds through 5,000 pounds..................................................................	120
Over 5,000 pounds through 30,000 pounds................................................................	210
Over 30,000 pounds....................................................................................................	250
Hopper, 5,000 pounds and under................................................................................	300
Hopper, over 5,000 pounds.........................................................................................	375
(b) For linear devices.............................................................................................................	21
(c) For meter devices:
Dispenser, hose, meter or octane grade tested with a 5-gallon prover....................................................................................................................	15
Dispenser tested with a prover larger than 5 gallons.....................................................	111
Truck- or rack-mounted meter, rated to a maximum capacity of up to 120 gallons per minute.......................................................................................	111
Truck- or rack-mounted meter, rated to a maximum capacity of over 120 gallons per minute...................................................................................	210
Nontemperature-compensated meter used to measure liquid petroleum gas.........................................................................................................	111
Temperature-compensated meter used to measure liquid petroleum gas..........................................................................................................................	225

4. The fee for each 15-minute time period, or portion thereof, required to witness an inspection or test of a device which is not conducted by the Division or the State Sealer of Measurement Standards is $15.

5. The fee for each 15-minute time period, or portion thereof, required to conduct a reinspection or retest of labels, packaged commodities, advertised prices or commodity methods of sale is $15.

6. Failure to pay a fee required pursuant to this section by the due date indicated on the bill, which must not be less than 30 days after the bill is issued by the Division, is a violation of this section and the Division will, in addition to any civil penalty that may be imposed purusant to NAC 581.260, impose a late fee equal to 10 percent of the amount of the fee that is paid late.

7. As used in this section, "special trip" includes, without limitation, the inspection or testing of licensed commercial weighing and measuring equipment or cannabis weighing and measuring equipment at a time scheduled specifically for the convenience of the owner of such devices.

Nev. Admin. Code § 581.210

Dep't of Agriculture, § 3, eff. 8-6-80-NAC A 10-15-81; 11-3-83; A by St. Sealer of Weights & Measures, 11-1-89; 4-18-90; 10-23-91; 11-18-93; R146-98, 12-14-98; R084-00, 6-22-2000, eff. 7-1-2000; R161-03, 1-27-2004; A by R096-15, eff. 12/21/2015; A by R172-18A, eff. 12/19/2018; A by R172-18CAP, eff. 12/19/2018; A by R079-20A, eff. 3/2/2021; A by R026-21A, eff. 12/29/2022; A by R070-22A, eff. 4/19/2024

NRS 581.050, 581.067 and 581.075