NAC439.230. Procedure at hearing.

The following procedures apply to the hearing:

     1. The staff of the Division of Public and Behavioral Health of the Department of Health and Human Services shall submit to the State Board of Health a report, including relevant data and a recommendation, concerning the application. A copy of the report must be mailed to the applicant at least 5 days before the hearing.

     2. Members of the Board may ask relevant questions of any person.

     3. Any person with a demonstrated interest in the application may present evidence but not testimony which is argumentative or redundant.

     4. The applicant has the burden of proof as to the necessity for the variance.

     5. At the conclusion of the hearing and after consideration of all the evidence presented concerning the requested variance, the Board will:

     (a) Grant the variance;

     (b) Deny the variance; or

     (c) If further information is needed, continue the hearing until such time as the information is obtained.

     6. In granting a variance, the Board may impose such conditions as it deems necessary or desirable.

     7. Failure of the applicant to comply with any of the conditions imposed by the Board constitutes grounds for immediate revocation of the variance.

     [Bd. of Health, Variances Reg. §§ 2.4-2.6.1, eff. 10-16-80]—(NAC A by R010-06, 5-4-2006)