NAC449.999469. Presumption when same deficiency found on subsequent inspection; imposition of sanction for subsequent deficiency.  


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  • If the same deficiency is found during a subsequent inspection conducted to evaluate compliance with a plan of correction, there is a rebuttable presumption that the deficiency continued through the period between the inspection and the subsequent inspection. A sanction may be imposed for a subsequent deficiency only if the subsequent inspection is made and the deficiency is again actually found to be present.

     (Added to NAC by Bd. of Health by R179-09, eff. 7-22-2010)