NAC455C.638. Summary suspension of operating permit, certificate, certificate of competency or work card: Appeal to Administrator.  


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  •      1. Any decision of the Chief rendered pursuant to NAC 455C.636 may be appealed to the Administrator within 30 days after the issuance of the Chief’s decision.

         2. Any review of the Chief’s decision must be summary in nature, limited to the record and without hearing, unless a request for a hearing is granted by the Administrator. If the Administrator grants a request for a hearing, the hearing must be confined to the issues raised and facts asserted during the hearing before the Chief. A hearing may be granted only to consider new evidence.

         3. The Administrator may affirm, reverse or modify the decision of the Chief or remand the matter to the Chief for further consideration. If the matter is remanded, the Chief shall set a date for a new hearing within 10 days.

         4. The decision of the Administrator is a final decision for the purposes of judicial review.

     (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)