Nevada Administrative Code
Chapter 435 - Persons With Mental Retardation and Related Conditions
JOBS AND DAY TRAINING SERVICES
Section 435.860 - Provisional certificate: Grounds for denial of application; notice of denial; reapplication after denial
Universal Citation: NV Admin Code 435.860
Current through February 27, 2024
1. Each of the following acts and omissions constitutes a ground for denial of an application for a provisional certificate:
(a) The
applicant has failed to submit a complete application for a provisional
certificate within the time required pursuant to NAC 435.850;
(b) The applicant has misrepresented or
failed to disclose any material fact in the application submitted to the
Division or in any financial record or other document requested by the
Division;
(c) The applicant, or an
officer or employee of the applicant or an independent contractor of the
applicant who oversees the provision of jobs and day training services has been
convicted of a crime relevant to any aspect of the provision of jobs and day
training services, including, without limitation:
(1) Murder, voluntary manslaughter or
mayhem;
(2) Assault or battery with
intent to kill or to commit sexual assault or mayhem;
(3) A crime involving assault or battery that
is punished as a misdemeanor, within the immediately preceding 7
years;
(4) Sexual assault,
statutory sexual seduction, incest, lewdness or indecent exposure, or any other
sexually related crime that is punished as a felony;
(5) Prostitution, solicitation, lewdness or
indecent exposure, or any other sexually related crime that is punished as a
misdemeanor, within the immediately preceding 7 years;
(6) A crime involving domestic violence that
is punished as a felony;
(7) A
crime involving domestic violence that is punished as a misdemeanor, within the
immediately preceding 7 years;
(8)
Abuse or neglect of a child or contributory delinquency;
(9) A violation of any federal or state law
regulating the possession, distribution or use of any controlled substance or
any dangerous drug as defined in chapter 454 of NRS, within the immediately
preceding 7 years;
(10) Abuse,
neglect, exploitation, isolation or abandonment of older persons or vulnerable
persons, including, without limitation, a violation of any provision of
NRS 200.5091 to
200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same or
similar conduct;
(11) A violation
of any provision of law relating to the State Plan for Medicaid or a law of any
other jurisdiction that prohibits the same or similar conduct, within the
immediately preceding 7 years;
(12)
A violation of any provision of
NRS 422.450 to
422.590,
inclusive;
(13) A criminal offense
under the laws governing Medicaid or Medicare, within the immediately preceding
7 years;
(14) Any offense involving
fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or
misappropriation of property, within the immediately preceding 7
years;
(15) Any other felony
involving the use or threatened use of force or violence against the victim or
the use of a firearm or other deadly weapon; or
(16) An attempt or conspiracy to commit any
of the offenses listed in this paragraph, within the immediately preceding 7
years;
(d) The physical
site at which the applicant will provide jobs and day training services, if
applicable, was not approved by the Division pursuant to NAC 435.855;
(e) The proposed jobs and day training
services to be provided by the applicant have any major deficiency which would
preclude compliance with NAC 435.775 to 435.965, inclusive; or
(f) The applicant, or an officer or employee
of the applicant or an independent contractor of the applicant who oversees the
provision of jobs and day training services has been excluded from
participation in Medicare, Medicaid and other federal health care programs
pursuant to
42
U.S.C. §§
1320a-7 et seq., or any
regulations adopted pursuant thereto.
2. If an application is denied:
(a) The Division must give the applicant
written notice of the denial; and
(b) The applicant may not reapply for a
provisional certificate for 12 months after the receipt of the written
notice.
Added to NAC by Men. Hygiene & Men. Retardation Div. by R145-16A, eff. 4/30/2018; A by R145-16, eff. 5-16-2018
NRS 435.220
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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