NAC444.54675. Enforcement by health authority; review and appeal of action taken by Health Division.


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  •      1. Whenever the health authority finds unsanitary or other conditions or violations of NAC 444.5461 to 444.54675, inclusive, in the operation and maintenance of facilities for camping spaces, the health authority shall:

         (a) In the case where the health authority determines that a substantial and immediate hazard to public health or safety exists, take any of the following actions:

              (1) Revoke the permit;

              (2) Remove or abate such hazards;

              (3) Take necessary steps to protect persons from such hazards; or

              (4) Notify the permit holder or operator and any person who might be affected by such hazardous conditions, require specific corrective action and specify the time period within which such action must be taken.

         (b) In all other cases, issue a notice of violation to the permit holder or operator citing such conditions, specifying the corrective action to be taken, and specifying the time period within which action must be taken.

         2. If the permit holder or operator fails to comply with a notice of violation, the permit must be revoked.

         3. A permit may be revoked without notice if the health authority determines that a substantial and immediate hazard to public health and safety exists.

         4. A person who has reason to believe that an action taken by the Health Division pursuant to NAC 444.5461 to 444.54675, inclusive, is incorrect or based on inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee responsible for the action and the immediate supervisor of the employee.

         5. If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Bureau for an informal conference. The informal conference must be scheduled for a date, place and time mutually agreed upon by the aggrieved person and the Bureau, except that the informal conference must be held no later than 60 days after the date on which the Bureau received the written request.

         6. Except as otherwise provided in subsection 7, the determination of the Bureau resulting from the informal conference cannot be appealed and is the final remedy available to the aggrieved person.

         7. An applicant for or holder of a permit issued pursuant to NAC 444.5461 to 444.54675, inclusive, who is aggrieved by an action of the Health Division relating to the denial of an application for or the suspension or revocation of such a permit may appeal that action in accordance with NAC 439.300 to 439.395, inclusive, after exhausting the informal procedures set forth in this section, except that the Bureau may waive the informal procedures, or any portion thereof, by giving written notice to the aggrieved person.

         8. Nothing in this section prevents the health authority from extending the time allowed for corrective action when the permit holder provides a written response within 10 days after receiving a notice of violation setting forth the nature and time needed for corrective action. The health authority shall require periodic reports as may be necessary to demonstrate reasonable progress toward final compliance.

         9. As used in this section, “Bureau” means the Bureau of Health Protection Services of the Health Division or its successor.

     [Bd. of Health, Sanitation Facilities for Camping Vehicles Reg. No. 11, eff. 11-21-70]—(NAC A 10-30-97; R195-03, 1-22-2004)—(Substituted in revision for NAC 461A.620)