Nevada Administrative Code
Chapter 453D - Regulation and Taxation of Marijuana
DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION
Hearings
Section 453D.940 - Contents and service of notice; scheduling; service of findings of fact, conclusions of law and decision; authority of hearing officer to impose disciplinary action or civil penalty

Universal Citation: NV Admin Code 453D.940

Current through December 31, 2024

1. The hearing officer shall send a notice to set a hearing to the last known mailing address of a person who requests a hearing.

2. The hearing officer shall conduct an administrative hearing pursuant to NAC 453D.908 or 453D.920 within 15 days after receiving a request for a hearing. The hearing officer may continue such a hearing for good cause shown.

3. Notice of an administrative hearing conducted pursuant to this section must be served by mail at least 10 days before the date of the hearing to any person who requests a hearing.

4. Notice of a hearing served pursuant to subsection 3 must specify:

(a) The purpose of the hearing; and

(b) The date, time and location of the hearing.

5. Hearings must be held at the offices of the Department in Carson City or at such other place in the State as may be designated in the notice of hearing.

6. A hearing date may be scheduled with less than 10 days' notice if all parties to the hearing agree in writing.

7. After a hearing held pursuant to this section, the hearing officer shall prepare written findings of fact, conclusions of law and his or her decision on the issues presented at the hearing. The hearing officer shall serve a copy of his or her findings of fact, conclusions of law and decision upon all parties to the hearing within 20 days after the date of the hearing.

8. In his or her written decision, the hearing officer may:

(a) Suspend or revoke a license or marijuana establishment agent registration card. If the hearing officer orders the suspension of a license or marijuana establishment agent registration card, the hearing officer shall prescribe the time period of the suspension in the written decision. If the hearing officer orders the revocation of a license or marijuana establishment agent registration card, the hearing officer shall prescribe a period of not less than 1 year and not more than 10 years during which the person may not apply for reinstatement of the license or marijuana establishment agent registration card.

(b) Impose a civil penalty upon a person who holds a license or marijuana establishment agent registration card issued pursuant to this chapter and chapter 453D of NRS not more than $35,000 for each separate violation of this chapter or chapter 453D of NRS which is the subject of the hearing. Such a civil penalty must be paid to the State Treasurer for deposit in the State General Fund and used for the purposes set forth in NRS 453D.510.

Added to NAC by Dep't of Taxation by R092-17, eff. 2-27-2018

NRS 453D.200

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