Nev. Admin. Code § 459.Sec. 41 - NEW

Current through August 4, 2021

1. Except as otherwise provided in section 42 of this regulation, if the Division has cause to believe that a holder of a certificate has engaged in any action that constitutes grounds for disciplinary action, the Division may issue a notice of intent to take disciplinary action.
2. A notice of intent to take disciplinary action issued pursuant to subsection 1 must:
(a) Be sent to the holder of the certificate by certified mail at the most recent mailing address identified on the application for a certificate or application for renewal, as applicable; and
(b) Include, without limitation:
(1) A statement of the legal authority for the disciplinary action;
(2) The name and contact information of the employee of the Division to which the holder must send a response;
(3) A statement of the facts which support the decision of the Division to take disciplinary action; and
(4) Except as otherwise provided in subsection 5, a statement that the Division shall send a notice of hearing pursuant to section 43 of this regulation if the holder does not, within 10 business days after receipt of the notice issued pursuant to subsection 1, provide a written response that, to the satisfaction of the Division, clearly sets forth the reasons why the Division should not proceed with a hearing on the alleged grounds for disciplinary action.
3. Any response offered by the holder pursuant to subsection 2 must:
(a) Address each of the grounds for disciplinary action included in the notice issued by the Division pursuant to subsection 1; and
(b) Be delivered in person or sent by certified mail to the employee of the Division identified in the notice sent pursuant to subsection 2;
4. If the Division determines that the holder of a certificate has provided a satisfactory response, the Division shall, not later than 10 business days after receiving such response:
(a) Terminate the disciplinary action; and
(b) Send a letter by certified mail to the holder informing him or her that the disciplinary action has been terminated.
5. If the holder has previously received a notice of intent to take disciplinary action pursuant to subsection 1 and the Division issues another notice within 2 years after the date of the first notice for a subsequent violation of the same statutory or regulatory provision, the holder may not submit a response to the Division pursuant to subsection 2 as to why the Division should not proceed with the hearing on the alleged grounds for disciplinary action and the Division shall immediately send a notice of hearing pursuant to section 43 of this regulation.

Notes

Nev. Admin. Code § 459.Sec. 41
Added to NAC by Bd. of Health, Radiation Control Reg by R126-19A, eff. 12-29-2020
NRS 459.485, 459.500

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