Nev. Admin. Code § 432A.195 - Notice of violation; administrative fines; appeals

1. If an inspection of a facility conducted pursuant to NRS 432A.180 reveals that the person who operates the facility is in violation of any provision of this chapter or chapter 432A of NRS, the Division may issue a notice of violation. The notice of violation may be issued in the form of a statement of deficiencies or a report of an inspection of the facility. The notice of violation must:

(a) Be in writing and describe with particularity the nature of the violation;

(b) Include the time permitted to correct the violation;

(c) Inform the person who operates the facility of the provisions of subsections 2, 3 and 4; and

(d) Be sent to the person who operates the facility by electronic mail or by United States mail to the last known address of the person who operates the facility.

2. The Division may impose an administrative fine in the amount of $100 for:

(a) The failure to satisfy the requirements of this chapter or chapter 432A of NRS relating to information on the background and personal history of all persons required to be investigated during the licensing period of the facility.

(b) The failure to correct any violation of a provision of this chapter or chapter 432A of NRS within the time frame set forth in the notice of violation. A fine may be imposed for each day a facility is in noncompliance with the notice of violation.

(c) The failure to satisfy the applicable requirements for the ratio of caregivers to children pursuant to this chapter or chapter 432A of NRS two or more times during the licensing period of the facility.

(d) The failure to satisfy the requirements of this chapter or chapter 432A of NRS for training of the caregivers in the facility by the end of the licensing period of the facility.

(e) The failure to submit a completed application for reissuance before the expiration of the license of the facility, in addition to any renewal or late fee set forth in NAC 432A.200 and 432A.220.

3. The Division may impose an administrative fine of $200 in addition to any administrative fine prescribed by subsection 2 if the violation of a provision of this chapter or chapter 432A of NRS resulted in an injury to any person.

4. A licensee upon whom the Division imposes an administrative fine pursuant to this section may appeal that action pursuant to the procedures set forth in NAC 439.300 to 439.395, inclusive.

Notes

Nev. Admin. Code § 432A.195

Added to NAC by Bd. of Health by R013-14, eff. 6/23/2014; A by R092-16AP, eff. 9/21/2017

NRS 432A.077 and 432A.190