Request for hearing on citation; notice of hearing; hearing process; citation deemed final order of Board when not contested; service of process.

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1. Except as otherwise provided in this subsection, to contest a citation issued pursuant to NRS 640.155, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation. The Board may, for good cause shown, extend the time to submit a request for a hearing.

2. If the person to whom a citation is issued files a timely written request for a hearing to contest the citation:

(a) The Board shall provide notice of and conduct the hearing in accordance with this chapter and the provisions of chapters 233B and 622A of NRS governing the adjudication of contested cases.

(b) At the hearing, the licensee may contest, without limitation:

(1) The facts forming the basis for the determination that the licensee has committed an act which constitutes a violation of a provision described in NRS 640.155;

(2) The time allowed to take any corrective action ordered;

(3) The amount of any administrative fine ordered;

(4) The amount of any payment ordered to reimburse the Board for the expenses incurred to investigate the violation; and

(5) Whether any corrective action described in the citation is reasonable.

3. If a person to whom a citation is issued pursuant to NRS 640.155 does not file timely a written request for a hearing to contest the citation, the citation shall be deemed a final order of the Board and any assessed fine deemed due and payable and any corrective action deemed required.

4. For the purposes of this section, a citation issued pursuant to NRS 640.155 shall be deemed to have been received by a person:

(a) On the date on which the citation is personally delivered to the person; or

(b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

(Added to NRS by 2017, 1579)


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