Nevada Administrative Code
Chapter 459 - Hazardous Materials
DISCIPLINARY ACTION
Section 459.99958 - Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be provided

Universal Citation: NV Admin Code 459.99958

Current through December 12, 2024

1. Except as otherwise provided in NAC 459.99959, if the Division has cause to believe that a holder of a certificate has engaged in any action that constitutes grounds for disciplinary action, the Division may issue a notice of intent to take disciplinary action.

2. A notice of intent to take disciplinary action issued pursuant to subsection 1 must:

(a) Be sent to the holder of the certificate by certified mail at the most recent mailing address identified on the application for a certificate or application for renewal, as applicable; and

(b) Include, without limitation:
(1) A statement of the legal authority for the disciplinary action;

(2) The name and contact information of the employee of the Division to which the holder must send a response;

(3) A statement of the facts which support the decision of the Division to take disciplinary action; and

(4) Except as otherwise provided in subsection 5, a statement that the Division shall send a notice of hearing pursuant to NAC 459.99961 if the holder does not, within 10 business days after receipt of the notice issued pursuant to subsection 1, provide a written response that, to the satisfaction of the Division, clearly sets forth the reasons why the Division should not proceed with a hearing on the alleged grounds for disciplinary action.

3. Any response offered by the holder pursuant to subsection 2 must:

(a) Address each of the grounds for disciplinary action included in the notice issued by the Division pursuant to subsection 1; and

(b) Be delivered in person or sent by certified mail to the employee of the Division identified in the notice sent pursuant to subsection 2;

4. If the Division determines that the holder of a certificate has provided a satisfactory response, the Division shall, not later than 10 business days after receiving such response:

(a) Terminate the disciplinary action; and

(b) Send a letter by certified mail to the holder informing him or her that the disciplinary action has been terminated.

5. If the holder has previously received a notice of intent to take disciplinary action pursuant to subsection 1 and the Division issues another notice within 2 years after the date of the first notice for a subsequent violation of the same statutory or regulatory provision, the holder may not submit a response to the Division pursuant to subsection 2 as to why the Division should not proceed with the hearing on the alleged grounds for disciplinary action and the Division shall immediately send a notice of hearing pursuant to NAC 459.99961.

Added to NAC by Bd. of Health, Radiation Control Reg by R126-19A, eff. 12/29/2020

NRS 459.485, 459.500

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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