NAC527.460. Notice; written objection by permittee; review; decision by Division; request for reconsideration; decision of State Forester; further reconsideration; final decision of Director.

     1. When the Division believes there are valid grounds for revoking a permit, the permittee must be notified in writing of the proposed revocation by certified or registered mail. The notice must identify the reasons for the proposed revocation and the effective date of the revocation, which must be at least 45 days after the date the notice is sent to the permittee by certified or registered mail. The notice must inform the permittee of the right to object to the proposed revocation.

     2. Pending the effective date of the revocation of a permit, the Division may also issue a notice of noncompliance and require the permittee to cease a specific activity that is not in compliance with:

     (a) The laws or regulations relating to plants on the list of fully protected species of native flora;

     (b) The terms or conditions of the permit;

     (c) An agreement for administration of a management area; or

     (d) A corrective plan of action.

     3. Upon receipt of the notice of proposed revocation, the permittee may file a written objection to the proposed revocation that:

     (a) Must be in writing and signed by the permittee;

     (b) Must be filed within 15 days after the date of the notice of proposed revocation is mailed to the permittee;

     (c) Must state the objections of the permittee to the proposed revocation and the reasons for such objections; and

     (d) May include documentation supporting the objections of the permittee.

     4. The Division shall review the grounds set forth in the notice of proposed revocation, the written objection of the permittee and the supporting documentation, if any, to determine whether revocation is consistent with the provisions of NRS 527.260 to 527.300, inclusive, and NAC 527.010 to 527.500, inclusive. The Division may consider any information relevant to the issue during such a review and, in its discretion, may consult with the Nevada Natural Heritage Program.

     5. On or before the effective date of the revocation set forth in the notice provided pursuant to subsection 1, the Division shall notify the permittee by certified or registered mail that:

     (a) The permit has been revoked;

     (b) The permit has been amended; or

     (c) The notice of proposed revocation is withdrawn,

Ê and the reasons for the revocation, amendment or withdrawal.

     6. Except as otherwise provided in this section, the revocation or amendment of a permit is within the sole discretion of the Division.

     7. A permittee may request reconsideration from the State Forester of the revocation or amendment of a permit by the Division pursuant to this section by filing a request within 15 days after receiving notice pursuant to subsection 5.

     8. The reconsideration by the State Forester must be limited to:

     (a) The written objection of the permittee and supporting materials provided to the Division pursuant to subsection 3;

     (b) The decision of the Division and the reasons for such a decision issued pursuant to subsection 5; and

     (c) The comments of the Nevada Natural Heritage Program, if any.

     9. The State Forester will notify the permittee in writing of his or her decision to uphold, deny or revise the decision of the Division within 30 days after receiving a written request for reconsideration from a permittee.

     10. The permittee may seek further reconsideration from the Director by filing a written request within 15 days after the date of the decision of the State Forester. The Director may review only the material reviewed by the State Forester during any such reconsideration. The Director shall notify the permittee in writing of his or her decision to uphold, deny or revise the decision of the Division within 30 days after receiving a request for further reconsideration.

     11. The decision of the Director is final and not subject to judicial review.

     (Added to NAC by St. Forester Firewarden by R056-01, eff. 11-1-2001)