NAC341.225. Appeal of determination to impose administrative penalty: Appointment, duties and authority of subcommittee of Board; procedure.

     1. The Board will appoint a subcommittee consisting of three members of the Board to hear appeals from a determination by the Deputy Administrator for Compliance and Code Enforcement to impose administrative penalties pursuant to NAC 341.215.

     2. Within 10 days after a person receives a notice sent pursuant to NAC 341.220, the person may file with the Board a written notice of appeal. The written notice must set forth the basis for the appeal and may be accompanied by copies of any supporting documents.

     3. The subcommittee appointed pursuant to subsection 1 shall:

     (a) Conduct a hearing within 45 days after the notice of appeal is received by the Board;

     (b) Provide notice of the time and place of the hearing to the person who requested the appeal; and

     (c) Select from among its members a chair.

     4. The chair of the subcommittee appointed pursuant to subsection 1 may:

     (a) Compel the parties to the appeal to enter into negotiations for a settlement;

     (b) Mediate between the parties to the appeal; and

     (c) Order the parties to the appeal to provide discovery.

     5. Each party to the appeal shall, within 5 business days before the hearing, provide to the subcommittee appointed pursuant to subsection 1 and each opposing party a prehearing statement. The statement must:

     (a) Set forth the facts and legal issues concerning the case.

     (b) Include a list of any witnesses the party intends to call during the hearing. The list must include the name, address and telephone number of each witness, if known, and a brief statement concerning the proposed testimony of the witness.

     (c) Except as otherwise provided in this paragraph, include a copy of any documents intended to be introduced into evidence at the hearing. The statement provided to the subcommittee must include five copies of the documents.

     6. Upon commencement of the hearing by the subcommittee, the person who requested the appeal must be the first to present evidence. The person who requested the appeal has the burden to prove his or her case by substantial evidence.

     7. In conducting the hearing, the subcommittee is not bound by any technical rules of evidence.

     8. If a party fails to appear at a hearing conducted pursuant to this section and was not granted a continuance or did not enter into a stipulation for a continuance, the subcommittee may hear evidence from those parties present at the hearing and may make a decision based upon the available record.

     9. The subcommittee shall, by majority vote, determine whether evidence is admissible during a hearing conducted pursuant to this section.

     10. The subcommittee shall issue its decision concerning a hearing conducted pursuant to this section at a public meeting. The subcommittee shall send, by certified mail, its written decision to the parties to the appeal within 20 days after the conclusion of the meeting.

     (Added to NAC by Pub. Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11, 5-30-2012)