Section 439B.Sec. 9 - NEW1. To appeal an administrative penalty imposed pursuant to NRS 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730, a pharmacy, manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative, as applicable, must submit a request for an appeal to the Director not later than 15 business days after the date on which the notice was provided pursuant to section 8. If the pharmacy, manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative fails to request a hearing within that time, the pharmacy, manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or pharmaceutical sales representative, as applicable, shall be deemed to have waived the appeal and the penalty becomes effective on the date specified in the notice.2. The Director shall use a rotation of the hearing officers appointed pursuant to section 7 when selecting a hearing officer to hear an appeal. Upon receiving a request for an appeal pursuant to subsection 1, the Director shall select the next hearing officer in the rotation who does not have a conflict of interest and is not otherwise disqualified to hear the appeal.3. The Department will not attempt to collect a penalty while an appeal is pending.Nev. Admin. Code § 439B.Sec. 9
Added to NAC by Dept of Health & Human by R121-20A, eff. 6/13/2022NRS 439B.685, as amended by section 16 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730