Nev. Admin. Code § 439A.750 - Violations
1. If an employer violates the provisions of
NRS 439A.130 to 439A.185, inclusive, or NAC 439A.700 to 439A.755, inclusive,
the Administrator may:
(a) For a first
offense, impose an administrative fine of $1,000.
(b) For a second or subsequent offense,
impose an administrative fine of $10,000.
(c) Withdraw the support of the Division of
Public and Behavioral Health for the employer and assist in the transfer of the
J-1 visa physician to a different employer pursuant to subsection 2.
2. If an employer is penalized
pursuant to paragraph (c) of subsection 1 :
(a) The Administrator shall assist in the
transfer of the J-1 visa physician to a different employer, including, without
limitation, submitting a letter to the J-1 visa physician which documents the
reasons for the transfer and providing documentation for designating a new
location in which the J-1 visa physician may work. The Administrator may notify
the United States Citizenship and Immigration Services of the withdrawal of
support and recommend to the United States Citizenship and Immigration Services
that the J-1 visa physician be transferred to a different employer in this
State.
(b) The employer may apply
to the Administrator to request reinstatement of support not sooner than 2
years after the date on which support is withdrawn. The application must
include, without limitation:
(1) A detailed
description of changes concerning management or policy which the employer has
made to protect the interests of any J-1 visa physicians to be employed by the
employer; and
(2) An attestation
that each person who has responsibility for any part of the operation or
management of the employer has reviewed and agreed to comply with all federal
and state requirements relating to the Program.
3. If a J-1 visa physician does not comply
with the provisions of NRS 439A.130 to 439A.185, inclusive, and NAC 439A.700 to
439A.755, inclusive, the Administrator may report the failure to comply to the
United States Citizenship and Immigration Services and recommend that the J-1
visa waiver of the J-1 visa physician be revoked.
Notes
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