445C.100 - Administrative or civil proceedings for violation: Burdens of proof.

445C.100  Administrative or civil proceedings for violation: Burdens of proof.  In an administrative or civil proceeding for a violation of an environmental requirement:

      1.  A regulated person who claims to have made a voluntary examination and disclosure pursuant to an audit agreement has the burden of establishing prima facie that the disclosure met the requirements of subsection 1 of NRS 445C.080.

      2.  A regulatory agency has the burden of rebutting the presumption against liability by a preponderance of the evidence.

      (Added to NRS by 1997, 1077)