NAC555.5265. Informal case review by committee.

     1. If a person named in an administrative complaint requests an informal case review, the Department will appoint a committee to conduct the review.

     2. Except as otherwise provided in subsection 3, the committee will consist of the:

     (a) Assistant Director of the Department;

     (b) Administrator of the Division of Plant Industry of the Department; and

     (c) Regional manager of the region where the violation is alleged to have occurred.

     3. If any person identified in subsection 2 is unable, for any reason, to serve on a committee, the Director may appoint another employee of the Department to the committee.

     4. The committee shall consider any pertinent documents, exhibits, oral or written statements or other information, including mitigating circumstances, offered by the person named in the administrative complaint, his or her representative or the investigator who originated the administrative complaint.

     5. After the committee has considered all the information offered pursuant to subsection 4, it shall:

     (a) Dismiss the administrative complaint in its entirety; or

     (b) Adopt, amend or replace the administrative complaint, including the statutes or regulations alleged to have been violated and the intended enforcement action, and:

          (1) Issue a notice of warning to the person named in the complaint;

          (2) Provide for an informal disposition of the complaint; or

          (3) Recommend to the Department that it commence a hearing on the administrative complaint pursuant to the provisions of NAC 561.300 to 561.580, inclusive.

     (Added to NAC by Dep’t of Agriculture by R081-99, eff. 11-18-99)