NAC455C.628. Suspension, modification or revocation of operating permit, certificate, certificate of competency or work card: Contest of action.

     1. A holder of an operating permit, certificate, certificate of competency or work card may appeal the suspension, modification or revocation of his or her operating permit, certificate, certificate of competency or work card by filing a contest with the Chief within 15 days after the effective date of the suspension, modification or revocation.

     2. Any contest filed pursuant to this section does not stay the suspension, modification or revocation. A stay may be requested from the Chief, but will not be granted if the holder of the certificate, certificate of competency or work card or the boiler, elevator or pressure vessel for which the operating permit was obtained, constitutes an immediate threat to the health or safety of the general public. The holder of the operating permit, certificate, certificate of competency or work card has the burden of showing that there is not a threat to the health or safety of the general public if a stay is granted.

     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 any suspension, modification or revocation, 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 of an operating permit, certificate, certificate of competency or work card 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 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 filed 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)