Nev. Admin. Code § 439A.750

Current through June 11, 2024

Section 439A.750 - Violations

1. If an employer violates the provisions of NRS 439A.130 to 439A.185, inclusive, or NAC 439A.700 to 439A.755, inclusive, the Administrator may:

(a) For a first offense, impose an administrative fine of $1,000.

(b) For a second or subsequent offense, impose an administrative fine of $10,000.

(c) Withdraw the support of the Division of Public and Behavioral Health for the employer and assist in the transfer of the J-1 visa physician to a different employer pursuant to subsection 2.

2. If an employer is penalized pursuant to paragraph (c) of subsection 1 :

(a) The Administrator shall assist in the transfer of the J-1 visa physician to a different employer, including, without limitation, submitting a letter to the J-1 visa physician which documents the reasons for the transfer and providing documentation for designating a new location in which the J-1 visa physician may work. The Administrator may notify the United States Citizenship and Immigration Services of the withdrawal of support and recommend to the United States Citizenship and Immigration Services that the J-1 visa physician be transferred to a different employer in this State.

(b) The employer may apply to the Administrator to request reinstatement of support not sooner than 2 years after the date on which support is withdrawn. The application must include, without limitation:

(1) A detailed description of changes concerning management or policy which the employer has made to protect the interests of any J-1 visa physicians to be employed by the employer; and

(2) An attestation that each person who has responsibility for any part of the operation or management of the employer has reviewed and agreed to comply with all federal and state requirements relating to the Program.

3. If a J-1 visa physician does not comply with the provisions of NRS 439A.130 to 439A.185, inclusive, and NAC 439A.700 to 439A.755, inclusive, the Administrator may report the failure to comply to the United States Citizenship and Immigration Services and recommend that the J-1 visa waiver of the J-1 visa physician be revoked.

Nev. Admin. Code § 439A.750

Added to NAC by Bd. of Health by R138-10, eff. 5-5-2011; A by R017-20A, eff. 8/26/2020

NRS 439.200, 439A.170, 439A.180