Nev. Admin. Code § 459.Sec. 43 - NEW

Current through August 4, 2021

1. The Division shall send a notice of hearing to the holder of the certificate if:
(a) The holder does not provide a satisfactory response setting forth the reasons why the Division should not proceed with a hearing on the alleged grounds for disciplinary action pursuant to subsection 2 of section 41 of this regulation;
(b) The holder is not entitled to provide such a response pursuant to subsection 5 of section 41 of this regulation; or
(c) The Division has summarily suspended the certificate pursuant to section 42 of this regulation.
2. The notice of hearing must:
(a) State the nature, date, time and place of the hearing, which may be held at an office of the Division or any other place in this State designated in the notice;
(b) Include a statement of the legal authority and jurisdiction under which the hearing is to be held;
(c) Include a reference to the particular sections of statutes and regulations involved;
(d) Include a short and plain statement of the matters asserted;
(e) Identify all witnesses and exhibits that the Division may offer to substantiate the grounds for disciplinary action;
(f) State the name and title of the hearing officer who will hear the matter;
(g) Include the date by which the holder for a certificate must provide the information required by section 45 of this regulation;
(h) Include the requirements for motions set forth in section 46 of this regulation; and
(i) Be served on the holder by certified mail at the most recent mailing address identified on the application for a certificate or application for renewal, as applicable.
3. The Division shall attach a copy of each document identified as an exhibit pursuant to paragraph (e) of subsection 2 to the notice.
4. Except as otherwise provided in subsection 3 of section 42 of this regulation, the hearing must be held not earlier than 30 days and not later than 60 days after the date the notice of hearing is sent pursuant to this section.

Notes

Nev. Admin. Code § 459.Sec. 43
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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