Nevada Administrative Code
Chapter 459 - Hazardous Materials
DISCIPLINARY ACTION
Section 459.99971 - Appeal: Oral argument; written decision; final decision; judicial review

1. Upon the filing of a response to the notice of appeal pursuant to NAC 459.9997 or the expiration of the time for filing such a response, the Executive Secretary of the Commission shall schedule oral argument on the appeal for not later than 60 days after the notice of appeal was received, unless each party to the hearing waives the right to a hearing within the 60-day period in writing and for good cause.

2. Oral argument before the Commission must be limited to 15 minutes for each party. The respondent must present his or her argument first but may reserve time for rebuttal following the presentation of argument by the Division. The Commission will consider only evidence which was submitted to the hearing officer and identified in the notice of appeal or response to the notice of appeal.

3. The Commission may affirm, reverse or modify the decision of the Administrator or remand the case to the Administrator. The Commission will issue a written decision on the appeal.

4. Unless the Commission remands a case to the Administrator, the decision of the Commission is a final decision in a contested case. Any person aggrieved by such a decision is entitled to judicial review pursuant to NRS 233B.130.