Filing of complaint; investigation; retention of complaints; notice and hearing; subpoenas; written decisions; delegation of authority to take disciplinary action; judicial review. [Effective January 1, 2020.]

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1. The Division may, upon its own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who engages in radiation therapy or radiologic imaging.

2. A person may file a complaint anonymously pursuant to subsection 1. The Division may refuse to consider such a complaint if anonymity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

3. The Division shall retain all complaints received by the Division pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon by the Division.

4. Before initiating proceedings to impose disciplinary action, the Division shall notify the accused person in writing of the charges. Such notice may be served by personal delivery to the accused person or by mailing it by registered or certified mail to the place of business last specified as noted in the records of the Division.

5. In any proceeding to impose disciplinary action, the Division shall afford an opportunity for a hearing on the record upon the request of the accused person. The Division may compel the attendance of witnesses or the production of documents or objects by subpoena.

6. The Division shall render a written decision at the conclusion of each hearing, and the record and decision in each hearing must be made available for inspection by any interested person.

7. The Division may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to the provisions of this chapter. Any disciplinary action taken by the hearing officer or panel is subject to the same procedural requirements applicable to the Division pursuant to subsection 6, and the officer or panel has those powers and duties given to the Division in relation thereto.

8. A decision imposing disciplinary action pursuant to this section is a final decision for the purposes of judicial review.

(Added to NRS by 2019, 2731, effective January 1, 2020)


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