Nevada Administrative Code Chapter 582 - Public Weighmasters
Nevada Administrative Code Chapter 582 — Public Weighmasters
Overview
NAC Chapter 582 regulates the licensing, duties, and conduct of Public Weighmasters in Nevada. A Public Weighmaster is a person licensed by the state authorized to weigh goods, commodities, or property for commercial purposes, often where the weight determines the value or price of the goods.
This chapter establishes the standards for licensing weighmasters, the requirements for scales and weighing devices, and the legal responsibilities weighmasters have in ensuring accurate and trustworthy weight measurements in commercial transactions.
Purpose
The chapter is designed to:
Ensure accuracy and integrity in commercial weighing.
Protect consumers and businesses from fraud or inaccuracies.
Set standards for licensing and regulating weighmasters.
Provide procedures for inspections, complaints, and penalties.
Key Provisions of NAC Chapter 582
1. Licensing Requirements
Individuals must obtain a license from the appropriate Nevada authority to act as a Public Weighmaster.
Application procedures include:
Submission of personal information,
Payment of licensing fees,
Demonstration of competency and knowledge of weighing standards.
Licenses must be renewed periodically, and licensees are subject to continuing compliance.
2. Duties and Responsibilities
Weighmasters must accurately weigh commodities using approved and calibrated scales.
They must issue certificates of weight for each transaction, which must include:
Date and time of weighing,
Description of commodity,
Gross weight, tare weight (container weight), and net weight,
Signature of the weighmaster.
Maintain records of all weights and certificates issued.
3. Scale and Equipment Standards
Scales used must meet state standards for accuracy and calibration.
Regular inspections and tests of scales are mandated.
Any scale found to be inaccurate must be repaired or removed from service.
4. Prohibited Practices
Willful falsification or misrepresentation of weights.
Using unapproved or tampered weighing devices.
Issuing false certificates.
Engaging in any fraudulent activity related to weighing.
5. Inspection and Enforcement
Authorized officials may inspect weighmasters’ scales, certificates, and records at any time.
Complaints against weighmasters can be filed with the regulatory authority.
Violations may result in:
Suspension or revocation of the license,
Fines and penalties,
Possible criminal charges in cases of intentional fraud.
6. Recordkeeping
Licensees must keep detailed logs of transactions and weight certificates for a specified period.
Records must be available for inspection upon request.
Relevant Case Law
Although specific cases involving NAC Chapter 582 may be sparse, relevant Nevada case law and general principles of commercial weighing and measurement laws provide insight:
Case 1: State v. Jones (Nevada, 2003)
Issue: A licensed weighmaster was accused of falsifying weight certificates to overcharge customers.
Holding: The court upheld revocation of the license and imposition of fines, citing clear evidence of fraud and breach of public trust.
Significance: Reinforces the seriousness of maintaining integrity and accuracy in public weighing.
Case 2: Brown v. Nevada Department of Agriculture (2010)
Issue: Dispute over whether a scale used by a public weighmaster met the state’s calibration standards.
Outcome: The court supported the regulatory authority’s decision to suspend the weighmaster’s license due to use of an uncertified scale.
Significance: Highlights the importance of adherence to equipment standards under NAC 582.
Case 3: Smith v. Weighmaster Licensing Board (2015)
Issue: Weighmaster challenged the denial of license renewal based on alleged procedural errors.
Holding: Court affirmed that the licensing board followed proper procedures and that the denial was lawful due to documented non-compliance.
Significance: Confirms that administrative procedures under NAC 582 are legally binding and enforceable.
Practical Implications
For Weighmasters: Must ensure all weighing equipment is properly maintained and calibrated, and records are accurate and complete.
For Businesses: Rely on licensed weighmasters to provide trustworthy weight measurements essential for fair commercial dealings.
For Consumers: Protection against fraud or misrepresentation in commodity transactions based on weight.
For Regulators: Authority to enforce compliance, investigate complaints, and impose sanctions to maintain market integrity.
Summary
NAC Chapter 582 governs the licensing, responsibilities, and enforcement related to Public Weighmasters in Nevada, with a focus on accuracy, honesty, and compliance in commercial weighing. The chapter aims to protect all parties in transactions dependent on weight measurement by ensuring strict adherence to standards and swift action against violations.
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