Nev. Admin. Code § 341.225 - Appeal of determination to impose administrative penalty: Appointment, duties and authority of subcommittee of Board; procedure
1. The Board will appoint a subcommittee
consisting of three members of the Board to hear appeals from a determination
by the Deputy Administrator for Compliance and Code Enforcement to impose
administrative penalties pursuant to NAC 341.215.
2. Within 10 days after a person receives a
notice sent pursuant to NAC 341.220, the person may file with the Board a
written notice of appeal. The written notice must set forth the basis for the
appeal and may be accompanied by copies of any supporting documents.
3. The subcommittee appointed pursuant to
subsection 1 shall:
(a) Conduct a hearing
within 45 days after the notice of appeal is received by the Board;
(b) Provide notice of the time and place of
the hearing to the person who requested the appeal; and
(c) Select from among its members a
chair.
4. The chair of
the subcommittee appointed pursuant to subsection 1 may:
(a) Compel the parties to the appeal to enter
into negotiations for a settlement;
(b) Mediate between the parties to the
appeal; and
(c) Order the parties
to the appeal to provide discovery.
5. Each party to the appeal shall, within 5
business days before the hearing, provide to the subcommittee appointed
pursuant to subsection 1 and each opposing party a prehearing statement. The
statement must:
(a) Set forth the facts and
legal issues concerning the case.
(b) Include a list of any witnesses the party
intends to call during the hearing. The list must include the name, address and
telephone number of each witness, if known, and a brief statement concerning
the proposed testimony of the witness.
(c) Except as otherwise provided in this
paragraph, include a copy of any documents intended to be introduced into
evidence at the hearing. The statement provided to the subcommittee must
include five copies of the documents.
6. Upon commencement of the hearing by the
subcommittee, the person who requested the appeal must be the first to present
evidence. The person who requested the appeal has the burden to prove his or
her case by substantial evidence.
7. In conducting the hearing, the
subcommittee is not bound by any technical rules of evidence.
8. If a party fails to appear at a hearing
conducted pursuant to this section and was not granted a continuance or did not
enter into a stipulation for a continuance, the subcommittee may hear evidence
from those parties present at the hearing and may make a decision based upon
the available record.
9. The
subcommittee shall, by majority vote, determine whether evidence is admissible
during a hearing conducted pursuant to this section.
10. The subcommittee shall issue its decision
concerning a hearing conducted pursuant to this section at a public meeting.
The subcommittee shall send, by certified mail, its written decision to the
parties to the appeal within 20 days after the conclusion of the
meeting.
Notes
NRS 341.070, 341.105, 341.110
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