NAC459.136. Procedure for review of actions taken by Division; appeals.

     1. Any licensee or registrant who has reason to believe that an action by the Division or one or more of the Division’s staff members pursuant to NAC 459.118 to 459.950, inclusive, concerning him or her has been 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.

     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, place and time mutually agreed upon by the aggrieved person and the Bureau, except that the informal conference must be held no later than 60 days after the date on which the Bureau received the written request.

     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 license or registration issued pursuant to NAC 459.118 to 459.950, inclusive, who is aggrieved by the Division taking any disciplinary action pursuant to NRS 459.010 to 459.290, inclusive, 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.

     5. As used in this section, “Bureau” means the Bureau of Health Protection Services of the Division or its successor.

     [Bd. of Health, Radiation Control Reg. §§ 12.1-12.1.4, eff. 2-28-80]—(NAC A 9-6-88; 10-30-97; R149-07, 1-30-2008)