Nevada Administrative Code
Chapter 618 - Occupational Safety and Health
ABATEMENT OF ASBESTOS
Disciplinary Action
Section 618.973 - Imposition of administrative fine: Appeal to Chief

Universal Citation: NV Admin Code 618.973

Current through February 27, 2024

1. A licensee may appeal the imposition of an administrative fine by filing a contest with the Chief within 30 days after the receipt of the notice of violation.

2. Any contest filed pursuant to this section stays the imposition of the administrative fine.

3. A contest made pursuant to this section must be made in writing and describe in particular the matters to be contested. The contest must be accompanied by:

(a) Any documents applicable to the contest;

(b) Any samples relevant to the contest;

(c) The names of any witnesses who may be called at the hearing; and

(d) The expected time needed to present the contest.

If any person alleges that the Division does not have the jurisdiction or legal authority to act with regard to the imposition of an administrative fine, it must be indicated in the contest documents.

4. The Chief shall set a date for hearing within 30 days after the receipt of any written contest. A licensee may request that the hearing be held on an earlier date by submitting a written request to the Chief. The request must show that the licensee will suffer a substantial hardship if the date of the hearing is not changed and offer a proposed date for hearing. The licensee has the burden of establishing a substantial hardship.

5. The Chief shall hear all contests made pursuant to this section and give all parties thereto notice of the hearing and a fair opportunity to participate at the hearing. The Chief shall issue his or her decision within a reasonable time after the conclusion of the hearing.

Added to NAC by Dep't of Industrial Relations, 12-19-89, eff. 1-1-90

NRS 618.295, 618.760, 618.765

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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