NAC445A.614. Procedure for review of actions taken by Division; appeals.

     1. An applicant for or holder of a permit who:

     (a) Has reason to believe that an action taken by the Division pursuant to NAC 445A.595 to 445A.614, inclusive, has been incorrect or based on inadequate knowledge; or

     (b) Objects to a limitation or condition placed on his or her permit by the Division pursuant to subsection 4 of NAC 445A.610,

Ê may, within 10 business days after receiving notice of the action taken, request an informal discussion with the employee of the Division responsible for the action and the immediate supervisor of the employee.

     2. 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.

     3. Except as otherwise provided in subsection 4, the determination of the Bureau resulting from the informal conference cannot be appealed and is the final remedy available to the aggrieved person.

     4. An applicant for or holder of a permit issued pursuant to NAC 445A.595 to 445A.614, inclusive, who is aggrieved by an action of the Division relating to the denial of an application for or renewal of such a permit or the modification, 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.

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

     (Added to NAC by Bd. of Health, eff. 9-16-92; A 10-30-97)