Section 338.390 - Action on application; period of disqualification; reapplication after disqualification; denial of withdrawal of application1. The Administrator shall appoint a committee consisting of a deputy administrator and at least two other employees of the Division to review and score applications for qualification submitted pursuant to NRS 338.1376 to determine whether a subcontractor is qualified to be included in a bid pursuant to NRS 338.141. Such a determination must be made within 45 days after the date on which the Division receives the completed application for qualification.2. The committee shall calculate the scores of applications for qualification based on the weights of the criteria set forth in NAC 338.370 that are prescribed by the Board. In addition to the information provided by a subcontractor in an application for qualification, the committee may consider any other verifiable information relating to the criteria set forth in NAC 338.370 that is provided to or discovered by the Division or its employees regarding the application for qualification to determine whether the subcontractor is qualified to be included in a bid pursuant to NRS 338.141.3. If, after reviewing and scoring an application for qualification, the committee determines that a subcontractor is:(a) Qualified to be included in a bid pursuant to NRS 338.141, the Administrator shall provide written notice to the subcontractor by certified mail within 10 days after that determination.(b) Not qualified to be included in a bid pursuant to NRS 338.141, the Administrator shall provide written notice to the subcontractor by certified mail within 10 days after that determination. The notice must include, without limitation, the reasons on which the determination that the subcontractor was not qualified was based and must inform the subcontractor of his or her right to appeal the disqualification pursuant to NRS 338.1381 and NAC 338.400.4. A subcontractor who is determined not to be qualified to be included in a bid pursuant to NRS 338.141 shall be deemed to be disqualified for 1 year commencing on the date on which the determination is made or, if the subcontractor appeals the determination, the date on which the appeal of the determination is denied.5. A subcontractor who has been disqualified from participating on a public work and who wishes to be included in a bid pursuant to NRS 338.141 after his or her period of disqualification has ended must submit an application for qualification and be determined to be qualified by the Administrator in accordance with NRS 338.1376 and NAC 338.300 to 338.410, inclusive, before the subcontractor may be included in a bid pursuant to NRS 338.141.6. The Administrator may prevent a subcontractor from withdrawing his or her application for qualification regardless of whether the application is complete. Within 10 days after receipt of notice denying the withdrawal of the subcontractor's application for qualification, a subcontractor may appeal the decision by the Administrator to deny the withdrawal of the application by filing a request for a hearing with the Board pursuant to NAC 338.400. The request must set forth the basis for the appeal. The subcontractor may, at the time the subcontractor files the request, submit copies of any documents that support his or her appeal.Nev. Admin. Code § 338.390
Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004; A by R100-11, 5-30-2012NRS 338.1376, 341.070, 341.110