Nevada Administrative Code (Last Updated: January 6, 2015) |
Chapter501 Administration and Enforcement of Wildlife Laws |
PRACTICE AND PROCEDURE BEFORE BOARD OF WILDLIFE COMMISSIONERS |
Hearings |
NAC501.150. Request for hearing concerning denial, revocation or suspension of license or permit; time and notice of hearing; stay of decision of Department.
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1. A person who is aggrieved by a decision of the Department must submit a written request for a hearing before the Commission within 30 days after the person receives a notice from the Department pursuant to subsection 3 of NRS 233B.127 that his or her license or permit will be denied, revoked or suspended. Otherwise, his or her right to the hearing shall be deemed waived. The date of receipt of the notice from the Department that the license or permit will be denied, revoked or suspended shall be deemed to be:
(a) The date that is indicated on the signed certified mail receipt; or
(b) If the person refuses to accept delivery of the notice, 3 days after the date the certified mail has been refused by the person.
2. The hearing must be requested on a form provided by the Department.
3. The Commission will include the hearing on the agenda for the next regularly scheduled meeting of the Commission that is conducted after the Department receives the request for a hearing, unless the appellant and Department agree otherwise in writing.
4. The Department shall mail a notice of hearing that complies with the provisions of NRS 233B.121 not less than 20 days before the date of the hearing. There is a rebuttable presumption that the notice of hearing has been received by an appellant 10 days after the date the notice was deposited in the United States mail.
5. Any contention that improper notice was given by the Department shall be deemed waived unless the contention is raised at the hearing.
6. Except as otherwise provided in NRS 501.1816, the Department may grant a stay of its decision to deny, revoke or suspend the license or permit pending the hearing before the Commission if the Department determines that:
(a) There is good cause to stay its decision; and
(b) A stay will not have a detrimental impact on wildlife.
(Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-1-82; A by R083-98, 9-25-98; R107-99, 10-27-99; R198-05, 2-23-2006)