NAC439.270. Appeals.

     1. Any person who is aggrieved by a decision of a district board of health on an application for a variance from a regulation of the State Board of Health may appeal in writing to the State Board of Health within 30 days after the date of the decision, but the State Board will not review the decision of a district board concerning any regulation adopted by the district board.

     2. Upon receipt of the appeal, the Secretary of the State Board shall request a copy of the district board’s record of its hearing on the application.

     3. The district health officer shall forward the record to the Secretary within 14 days after receipt of the request.

     4. The State Board of Health will hold a public hearing on the appeal not later than 40 days after the date on which the Secretary of the Board receives the written appeal. The hearing will be held:

     (a) At its next regularly scheduled meeting;

     (b) At its next meeting in Carson City, Las Vegas or Reno, as requested by the applicant in the application; or

     (c) As soon thereafter as the schedule of the Board permits.

     5. At the hearing the State Board will limit its consideration of evidence to the evidence contained in the record of the district board’s hearing and will affirm or reverse the decision of the district board or refer the application back to the district board for its further consideration.

     6. The State Board of Health will render a written decision on an appeal within 14 days after the date of the hearing on the appeal.

     [Bd. of Health, Variances Reg. §§ 4.1-4.4, eff. 10-16-80; A 2-5-82; 1-19-84]