Nevada Administrative Code
Chapter 618 - Occupational Safety and Health
VARIANCES FROM STANDARDS
Hearings
Section 618.6361 - Agreements for settlement

Universal Citation: NV Admin Code 618.6361

Current through September 16, 2024

1. At any time before or during a hearing, the parties may request the Administrator to allow them an opportunity to negotiate an agreement for settlement containing findings by consent and an order disposing of the proceeding or any part of it. The Administrator will set the amount of time to be granted for any such negotiation, after considering:

(a) The nature of the proceeding;

(b) The public interest;

(c) The representations of the parties; and

(d) The probability that the parties will reach an agreement which will result in a just disposition of the issues involved.

2. Any such agreement must provide that:

(a) The order made in accordance with the agreement will have the same effect as if it were made after a full hearing;

(b) The entire record on which the order will be based will consist solely of the application for the variance and the agreement;

(c) Any rights of the parties to further procedural steps before the Administrator are waived; and

(d) Any rights of the parties to challenge the validity of the findings and of the order made in accordance with the agreement are waived.

3. Before the expiration of the time granted for negotiating the settlement, the parties or their counsel shall:

(a) Submit the proposed agreement to the Administrator for his or her consideration; or

(b) Inform the Administrator that they cannot reach an agreement.

4. If an agreement for settlement is submitted within the time granted and the Administrator accepts the agreement, the Administrator will issue his or her decision based upon the agreed findings.

Added to NAC by Div. of Occupational Safety & Health, eff. 8-26-83

NRS 618.295

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