Current through December 31, 2024
Section 455C.620 - Imposition of administrative fine: Contest of action1. A person who receives a notice of violation pursuant to NAC 455C.618 may appeal the imposition of an administrative fine or penalty by filing a contest with the Chief of the Mechanical Compliance Section within 30 calendar days after the receipt of the notice of violation.2. Any contest filed pursuant to this section stays the imposition of the administrative fine or penalty.3. A contest filed pursuant to this section must be made in writing and describe in particular the matters to be contested. The contest must be accompanied by:(a) Any documents applicable to the contest;(b) The names of any witnesses who may be called at the hearing; and(c) The expected time needed to present the contest. If any person alleges that the Division does not have the jurisdiction or legal authority to act with regard to the imposition of an administrative fine or penalty, it must be indicated in the contest documents.
4. The Chief of the Mechanical Compliance Section shall set a date for hearing within 30 calendar days after the receipt of any written contest. The person filing the contest may request that the hearing be held on an earlier date by submitting a written request to the Chief of the Mechanical Compliance Section . The request must show that the person filing the contest will suffer a substantial hardship if the date of the hearing is not changed and offer a proposed date for the hearing. The person filing the contest has the burden of establishing a substantial hardship.5. The Chief of the Mechanical Compliance Section, or his or her designee, shall hear all contests made pursuant to this section and give all parties thereto notice of the hearing and a fair opportunity to participate at the hearing. The Chief of the Mechanical Compliance Section or his designee shall issue his or her decision within a reasonable time after the conclusion of the hearing.Nev. Admin. Code § 455C.620
Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004; A by R077-14, 1-16-2015; A by R045-20A, eff. 10/26/2020