NAC455C.620. Imposition of administrative fine: Contest of action.

     1. A holder of an operating permit, certificate, certificate of competency or work card 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 filed 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) The names of any witnesses who may be called at the hearing; and

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

Ê 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 holder 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 holder of the operating permit, certificate, certificate of competency or work card will suffer a substantial hardship if the date of the hearing is not changed and offer a proposed date for the hearing. The holder of the operating permit, certificate, certificate of competency or work card 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 Div. of Industrial Relations by R101-02, eff. 12-15-2004)