NAC445A.67559. Procedure for review of actions taken by Division.

     1. An applicant or a recipient who has reason to believe that an action taken by an employee of the Division pursuant to NAC 445A.6751 to 445A.67644, 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. The informal discussion must be scheduled for a date, place and time mutually agreed upon by the applicant or recipient and the Division, except that the informal discussion must be held no later than 30 days after the date on which the Division received the request.

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

     3. If the informal conference does not resolve the problem, the applicant or the recipient may, within 10 business days after the date scheduled for the informal conference, submit a written request to the Administrator for a determination. The Administrator shall issue a determination not later than 30 days after the date on which the Administrator received the written request for a determination.

     4. If the determination of the Administrator does not resolve the problem, the applicant or the recipient may, within 10 business days after the date the Administrator issues the determination, submit a written request to the Director for a review of the determination of the Administrator. The Director shall issue a determination not later than 30 days after the date on which the Director received the written request for a review. An applicant or recipient may not appeal a determination of the Director. Such a determination is the final remedy available to the aggrieved applicant or recipient.

     5. As used in this section, “Director” means the Director of the State Department of Conservation and Natural Resources.

     (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R128-04, 2-14-2005)