NAC519A.630. Appeal of denial or termination of participation in bond pool.

     1. Any person who is denied participation in the bond pool pursuant to NAC 519A.580 or whose participation in the bond pool is terminated pursuant to NAC 519A.620 may appeal the denial or termination.

     2. Written notice of the appeal must be received by hand delivery or certified mail, return receipt requested, by the Division within 20 calendar days after receipt of the notice of denial or termination.

     3. The appeal must state the grounds for the appeal of the denial or termination.

     4. Within 30 calendar days after receipt of a notice of appeal, the Division will send a notice of the hearing to the person appealing the denial or termination. The notice will include the time, place and nature of the hearing, the legal authority and jurisdiction under which the hearing is to be held, and a statement of the matters asserted.

     5. The hearing will be held before a panel composed of:

     (a) The Administrator who is the chair of the panel and hearing officer;

     (b) A member of the Commission who is designated by the Chair of the Commission; and

     (c) A representative of the current participants in the bond pool who is selected by the Chair of the Commission and the Administrator.

     6. The person appealing the denial or termination may present evidence and has the burden of proving that the denial or termination should be modified or reversed.

     7. The panel shall render a written decision which must be served personally or by certified mail upon the person appealing the denial or termination. The decision of the panel is a final decision for the purposes of judicial review.

     (Added to NAC by Dep’t of Minerals, eff. 10-9-90)