Nev. Admin. Code § 618.5108

Current through November 8, 2024
Section 618.5108 - Appeal of suspension or revocation of permit
1. A holder of a permit issued pursuant to NRS 618.898 may appeal the suspension or revocation of the permit by filing an appeal with the Administrator within 15 days after the date on which the permit is suspended or revoked.
2. An appeal filed pursuant to this section must be made in writing and describe in particular the matters to be appealed. An appeal must be accompanied by:
(a) All documents that are applicable to the appeal;
(b) The names of any witnesses who may be called at the hearing on the appeal; and
(c) The expected time needed to present the appeal.
3. If a holder of a permit who is appealing the suspension or revocation of the permit alleges that the Division does not have legal authority or jurisdiction to act with regard to the suspension or revocation of the permit, the holder of the permit must so indicate on his or her appeal.
4. The Administrator or a designee of the Administrator shall set a date for hearing an appeal filed pursuant to this section within 30 days after the date on which the appeal is received by the Division. A holder of a permit may request that the hearing be held on an earlier date by submitting a written request to the Administrator. A request for an earlier date must demonstrate that the holder of the permit will suffer a substantial hardship if the date of the hearing for the appeal is not changed and must include a proposed date for the hearing. The holder of the permit has the burden of establishing the existence of a substantial hardship.
5. The Administrator or a designee of the Administrator shall hear all appeals filed pursuant to this section and give each party to such an appeal notice of the hearing on the appeal and an opportunity to participate in the hearing. The Administrator or a designee of the Administrator shall issue his or her decision on the appeal within a reasonable time after the conclusion of the hearing. The decision of the Administrator or a designee of the Administrator issued pursuant to this section is a final decision for the purposes of judicial review.

Nev. Admin. Code § 618.5108

Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001

NRS 618.295, 618.898