640C.757 - Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation. - Nevada Statutes

640C.757  Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation.

      1.  If a person is issued a written administrative citation pursuant to NRS 640C.755, the person may request a hearing before the Board to contest the citation by filing a written request with the Board:

      (a) Not later than 15 business days after the date on which the citation is received by the person; or

      (b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the Board.

      2.  If the person files a written request for a hearing to contest the citation within the time allowed pursuant to this section:

      (a) The Board shall provide notice of and conduct the hearing in the same manner as other disciplinary proceedings; and

      (b) At the hearing, the person may contest, without limitation:

             (1) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;

             (2) The time allowed to take any corrective action ordered;

             (3) The amount of any administrative fine ordered;

             (4) The amount of any order to reimburse the Board for the expenses incurred to investigate the violation; and

             (5) Whether any corrective action described in the citation is reasonable.

      3.  If the person does not file a written request for a hearing to contest the citation within the time allowed pursuant to this section, the citation shall be deemed a final order of the Board.

      4.  For the purposes of this section, a citation shall be deemed to have been received by a person:

      (a) On the date on which the citation is personally delivered to the person; or

      (b) If the citation is mailed, 3 days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      (Added to NRS by 2009, 2575)