Section 477.943 - Investigation; notice of alleged violations; administrative hearing1. When the State Fire Marshal, the Division or its investigators receive written notice alleging fraud, misrepresentation, malpractice, incompetence, gross negligence or reckless disregard of public safety on the part of any person licensed or certified under this chapter, the State Fire Marshal or the investigators of the Division will conduct an investigation of the allegations. The investigation will concentrate on violations of this chapter, deceptive trade practices as set forth in chapter 598 of NRS and other pertinent criminal and civil violations set forth in NRS. The use of any unauthorized, faulty or otherwise unacceptable equipment discovered during an investigation may be prohibited pending a final determination. A license or certificate will be suspended during an investigation if the investigation reveals conditions which the State Fire Marshal considers an imminent threat to public safety.2. Pursuant to an investigation conducted pursuant to subsection 1, an investigator of the Division may issue a notice of alleged violations against a respondent for such issues. The notice of alleged violations must include:(a) A statement of the time, place and nature of the administrative hearing to address the notice of alleged violations.(b) A short and plain statement of the type of administrative action that might be taken upon an adverse finding against the respondent at the administrative hearing, including, without limitation, the refusal to issue or renew, or the suspension or revocation of, a certificate of registration or license by the State Fire Marshal.(c) A short and plain statement of the legal authority and jurisdiction under which the administrative hearing is to be held.(d) A reference to the particular sections of the statutes and regulations involved and upon which the notice of alleged violations is based.(e) A short and plain statement of the matters asserted.3. A person who has been issued a notice of alleged violations may appear at the administrative hearing and defend against the alleged violations, including by the presentation of evidence and argument on all issues involved.4. The hearing officer shall preside over the administrative hearing, pursuant to which the hearing officer shall issue a final decision.5. Decisions of the hearing officer may be appealed to the Board if written notice of such an appeal is received within 10 days after receipt of the decision.6. The failure on the part of an applicant to pass tests required in this chapter does not constitute grounds to request a hearing and may not be appealed to the Board.7. If, upon appeal, the Board finds that the hearing officer reached a correct decision, the Board may require restitution to the Division for the costs of the administrative hearing and the appeal. If, upon appeal, the Board finds that the respondent is guilty of a lesser offense, the State Fire Marshal, the hearing officer or the Board may require the respondent to receive further training, to be retested and to pay restitution to the Division for the costs of the administrative hearing and the appeal, or any combination thereof.8. The scheduling or holding of a hearing, or appeal before the Board, does not preclude the State Fire Marshal from proceeding with a criminal investigation. Any conviction resulting from a criminal investigation may be used as prima facie evidence in any hearing or appeal.Nev. Admin. Code § 477.943
St. Fire Marshal, §§ 1.1001-1.1005, eff. 11-27-78 - NAC A 8-22-86, eff. 9-1-86; 3-9-89; 8-24-90; R220-99, 9-25-2000; R062-04, 9-3-2004; R090-10, 12-30-2011; A by St. Bd. of Fire Services by R124-13, 6-26-2015 - Substituted in revision for NAC 477.320