Nev. Admin. Code § 118B.Sec. 2

Current through June 11, 2024

Section 118B.Sec. 2 - NEW

1. If the Division decides to deny or terminate assistance to an applicant or recipient, the Division will notify the applicant or recipient of its decision by mailing to the applicant or recipient a notice of its decision by certified mail, return receipt requested, to the last known address of the applicant or recipient. The notice must:

(a) Specify the reasons for the denial or termination of assistance; and

(b) Contain a statement informing the applicant or recipient that a hearing will be provided if the applicant or recipient files a written request for a hearing within 20 days after the applicant or recipient receives the notice.

2. An applicant or recipient may, within 20 days after the applicant or recipient receives notice pursuant to subsection 1, file a written request for a hearing with the Division. If the Division does not receive a request for a hearing within 20 days after the applicant or recipient receives notice pursuant to subsection 1, the Division's decision becomes final and is not subject to judicial review.

3. If an applicant or recipient requests a hearing within 20 days after the applicant or recipient receives notice pursuant to subsection 1, a hearing will be conducted before the Administrator, or a hearing officer appointed by the Administrator, within 60 days after receipt of the request by the Division. The Division will notify the applicant or recipient of the time, place and date of the hearing. An applicant whose application for assistance is denied has the burden of proving, by a preponderance of the evidence, that the applicant is entitled to receive assistance. The Division has the burden of proving the grounds for terminating the assistance provided to a recipient.

4. The Administrator or hearing officer will issue a decision within 30 days after the hearing and mail a copy of the decision to the applicant or recipient. The decision of the Administrator or hearing officer is a final decision for purposes of judicial review.

Nev. Admin. Code § 118B.Sec. 2

Added to NAC by Mfd. Housing Div. by R003-22A, eff. 12/15/2023

NRS 118B.024, 118B.215, as amended by section 18 of Senate Bill No. 40, chapter 7, Statutes of Nevada 2023, at page 35