NAC458.401. Procedure for review of actions taken by Health Division; appeals.

     1. A person who has reason to believe that an action taken by the Health Division pursuant to this chapter or chapter 458 of NRS is incorrect or based upon inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee of the Health 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, time and place mutually agreed upon by the aggrieved person and the Bureau, except that the informal conference must be held not later than 60 days after the date on which the Bureau received the written request for the conference.

     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 certificate issued pursuant to this chapter or chapter 458 of NRS who is aggrieved by an action of the Health Division relating to the denial of initial certification or recertification of a program, the denial of certification of additional services to a program or the suspension of funding for services of a program 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.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)