Nev. Admin. Code § 445A.985

Current through November 8, 2024

Section 445A.985 - Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be submitted

1. Except as otherwise provided in NAC 445A.986, if the Division has cause to believe that a holder of a certificate has engaged in any action that constitutes grounds for disciplinary action, the Division may issue a notice of intent to take disciplinary action.

2. A notice of intent to take disciplinary action issued pursuant to subsection 1 must:

(a) Be served on the holder by personal delivery or sent by certified mail at the mailing address identified on the most recent application for a certificate or application for renewal, as applicable; and

(b) Include, without limitation:

(1) A statement of the legal authority for the disciplinary action;

(2) The name and contact information of the employee of the Division to which the holder must send a response;

(3) A statement of the facts which support the decision of the Division to take disciplinary action; and

(4) Except as otherwise provided in subsection 5, a statement that the Division shall send a notice of hearing pursuant to NAC 445A.988 if the holder does not, within 10 business days after receipt of the notice issued pursuant to subsection 1, provide a written response that, to the satisfaction of the Division, clearly sets forth the reasons why the Division should not proceed with a hearing on the alleged grounds for disciplinary action.

3. Any response offered by the holder pursuant to subsection 2 must:

(a) Address each of the grounds for disciplinary action included in the notice issued by the Division pursuant to subsection 1; and

(b) Be delivered in person or sent by certified mail to the employee of the Division identified in the notice sent pursuant to subsection 2.

4. If the Division determines that the holder has provided a satisfactory response, the Division shall, not later than 10 business days after receiving such response:

(a) Terminate the disciplinary action; and

(b) Send a letter by certified mail to the holder informing him or her that the disciplinary action has been terminated.

5. If the holder has previously received a notice of intent to take disciplinary action pursuant to subsection 1 and the Division issues another notice within 2 years after the date of the first notice for a subsequent violation of the same statutory or regulatory provision, the holder may not submit a response to the Division pursuant to subsection 2 as to why the Division should not proceed with the hearing on the alleged grounds for disciplinary action and the Division shall immediately send a notice of hearing pursuant to NAC 445A.988.

Nev. Admin. Code § 445A.985

Added to NAC by Environmental Comm'n by R126-19A, eff. 12/29/2020

NRS 445A.425, 445A.860, 445A.880