§ 453.261 — Administrative inspections

Nevada § 453.261

• Jurisdiction: Nevada
• Title 40: PUBLIC HEALTH AND SAFETY
• Ch. 453: Controlled

Text

1. The Division or the Board may make administrative inspections of controlled premises in accordance with the following provisions:
(a) When authorized by an administrative warrant for inspection issued pursuant to NRS 453.266 , an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board, upon presenting the warrant and appropriate credentials to the owner, operator or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.
(b) When authorized by an administrative warrant for inspection, an officer, employee or other person who possesses some or all of the powers of a peace officer, designated by the Division or the Board may:
(1) Inspect and copy records required to be kept by the provisions of NRS 453.011 to 453.552 , inclusive;
(2) Inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection 3, all other things therein, including records, files, papers, processes, controls and facilities bearing on any violation of the provisions of NRS 453.011 to 453.552 , inclusive; and
(3) Inventory any stock of any controlled substance therein and obtain samples thereof.
2. This section does not prevent the inspection without a warrant of books and records, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:
(a) If the owner, operator or agent in charge of the controlled premises consents;
(b) In situations presenting imminent danger to health or safety;
(c) In situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;
(d) In any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or
(e) In all other situations in which a warrant is not constitutionally required.
3. An inspection authorized by this section must not extend to financial data or sales data, other than data for shipment or pricing, unless the owner, operator or agent in charge of the controlled premises consents in writing.
4. For purposes of this section, “controlled premises” means:
(a) Places where persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552 , inclusive, are required to keep records;
(b) Places, including factories, warehouses, establishments and conveyances in which persons registered or exempted from the requirements for registration pursuant to NRS 453.011 to 453.552 , inclusive, are permitted to hold, manufacture, compound, process, sell, deliver or otherwise dispose of any controlled substance; and
(c) Places where immediate precursors are sold, compounded, manufactured, processed or delivered.

Legislative History

(Added to NRS by 1971, 2012 ; A 1973, 581 , 1207 ; 1981, 1960 ; 1985, 293 ; 1991, 486 , 1659 )