Current through December 31, 2024
Section 370.545 - Notice of hearing; contents and service of notice; appointment of hearing officer1. If a licensee or manufacturer of tobacco products does not demonstrate compliance within the 10-day period described in subparagraph (1) or (2) of paragraph (c) of subsection 2 of section 7 of this regulation, or if, pursuant to subsection 6 of section 7 of this regulation, a licensee or manufacturer of tobacco products is not entitled to the 10-day period to demonstrate compliance, the Department may issue a notice of hearing.2. A notice of hearing issued pursuant to this section must: (a) State the date, time and location of the hearing, which may be held at an office of the Department or at such other place in this State as is designated in the notice;(b) Include a statement of the legal authority for the suspension or revocation of the license or removal of the manufacturer and its brand families from the directory, as applicable;(c) Identify the specific provision or provisions of chapter 370 or 370A of NRS which the Department alleges the licensee or manufacturer of tobacco products has violated;(d) Include a statement of the facts which support the belief of the Department that the license should be suspended or revoked or that the manufacturer and its brand families should be removed from the directory, as applicable; and(e) Include as attachments all documentary evidence on which the Department intends to rely to demonstrate that the licensee or manufacturer of tobacco products, as applicable, is in violation of the provision or provisions of chapter 370 or 370A of NRS identified pursuant to paragraph (c).3. A notice of hearing issued pursuant to this section must be served on: (a) All parties at least 20 business days before the date of the hearing;(b) A licensee by certified mail at the location mailing address identified by the licensee on the license application submitted by the licensee to the Department; and(c) A manufacturer of tobacco products by certified mail at the address identified by the manufacturer in the most recent annual certification made by the manufacturer to the Attorney General pursuant to NRS 370A.160.4. Upon the issuance of a notice of hearing by the Department pursuant to this section, the Commission will appoint an administrative law judge to act as a hearing officer.Nev. Admin. Code § 370.545
Added to NAC by Dept of Taxation by R146-15A, eff. 9/9/2016NRS 370.250, 370.253, 370.510, 370.675