NAC439.345. Notice of proposed disciplinary action: Duties of Division; contents and service of notice.

     1. Except as otherwise provided by specific statute or regulation or in the case of an emergency or a summary suspension, if the Division intends to take disciplinary action, the Division shall notify the applicant for or holder of a license, permit, certificate, endorsement, approval, registration, charter, designation or other similar grant of permission to operate or other affected person of the proposed disciplinary action, in writing, at least 11 business days before the effective date of the disciplinary action. The notice must include, without limitation:

     (a) A citation of the statutory and regulatory authority for the disciplinary action;

     (b) The facts on which the disciplinary action is based;

     (c) A description of any circumstances that the Division considered in taking the disciplinary action;

     (d) Instructions for responding to the notice, including, without limitation, a statement of the right to any internal informal procedures for appeal, the right to a hearing, the period during which a hearing must be requested and the consequences of waiving a hearing; and

     (e) The effective date of the disciplinary action.

     2. The Division shall serve the notice by personal delivery to the applicant, holder or other affected person or by mailing the notice by registered or certified mail to his or her last known residential or business address.

     (Added to NAC by Bd. of Health by R037-97, eff. 10-30-97)