NAC439.260. Application to district board of health.

     1. An application to a district board of health for a variance must be:

     (a) Submitted in writing to the district health officer.

     (b) Accompanied by payment in full of the cost of publication of notice of the application and the date of the public hearing on it. The district health officer may waive the requirement that the applicant pay the cost of publication upon a showing of extreme economic hardship.

     2. The district health officer shall have notice of the application and the date of the public hearing on it published in a newspaper of general circulation within the health district.

     3. The notice must be published at least once, not less than 14 days before the hearing, and must specify the time, date and place of the hearing, the nature of the application and the regulation involved.

     4. The district board of health or a hearing board designated by it shall hold a public hearing on the application at the next regularly scheduled meeting which is 40 or more days after the district health officer receives the application, or as soon thereafter as the schedule of the district board or hearing board permits.

     5. If a hearing board designated by the district board conducts the hearing, the hearing board acts in an advisory capacity only and shall make a recommendation concerning the variance, including findings of fact and any conditions which should be imposed, to the district board not later than 10 days after the hearing. The district board shall consider the recommendation at its next regularly scheduled meeting, or as soon thereafter as its schedule permits, and may affirm the recommendation, reject the recommendation or refer the recommendation back to the hearing board for further consideration.

     6. The district board or hearing board shall comply with the applicable procedures for public hearings set forth in NAC 439.230, 439.240 and 439.250 and the criteria for granting variances in NAC 439.240.

     7. The record of the district board’s hearing on an application for a variance must include:

     (a) The application;

     (b) Proof of publication of notice concerning the public hearing on the application;

     (c) All documentary evidence submitted and testimony heard;

     (d) Written findings of fact;

     (e) The decision; and

     (f) If applicable, a statement of any condition imposed by the board in granting the variance.

     8. The record may be entirely in writing or may be written in part and electronically recorded in part.

     9. Within 10 days after the date of a decision by the district board of health on an application for a variance, the district health officer shall notify the Division of Public and Behavioral Health of the Department of Health and Human Services of that decision.

     [Bd. of Health, Variances Reg. §§ 3.1-3.7, eff. 10-16-80; A 2-5-82; 1-19-84]