NAC445A.66645. Administrative review of action taken by Division or appropriate district board of health.

     1. A person who has reason to believe that an action taken by the Division or the appropriate district board of health, pursuant to NAC 445A.65505 to 445A.6731, inclusive, is incorrect or based on inadequate knowledge may obtain an administrative review of the matter only as provided in this section.

     2. The aggrieved person may, not later than 10 working 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.

     3. If the informal discussion does not resolve the problem, the aggrieved person may, not later than 10 working days after the date scheduled for the informal discussion, request an informal conference by submitting a letter to the Bureau of Safe Drinking Water of the Division requesting the conference. The informal conference must be held within 60 days after the Bureau receives the letter at a place, date and time mutually agreed upon by the aggrieved person, the appropriate district board of health and the Bureau. Except as otherwise provided in subsections 4 and 5, the informal conference is the final administrative hearing on the matter.

     4. If the informal conference does not resolve the problem and the action taken by the Division or the appropriate district board of health consisted of:

     (a) The denial of an application for a permit;

     (b) The suspension or revocation of a permit; or

     (c) The modification of or refusal to modify a permit,

Ê the aggrieved person may request a hearing pursuant to NRS 445A.610. The request must be submitted in writing to the Commission not more than 10 days after the date on which the person received notice of the determination by the Division or the appropriate district board of health.

     5. The Bureau of Safe Drinking Water may waive any of the provisions of subsections 1 to 4, inclusive. The Bureau shall provide the aggrieved person with written notice of any waiver it grants pursuant to this subsection regarding his or her grievance.

     (Added to NAC by Bd. of Health, eff. 2-20-97; A by Environmental Comm’n by R194-08, 10-27-2009)