NAC607.065. Determination: Contents; service; action by recipient; final order.

     1. A determination issued by the Commissioner will contain:

     (a) A clear and plain statement of each alleged violation;

     (b) A citation to the statute or regulation alleged to have been violated;

     (c) The relevant facts;

     (d) If applicable, any fines, penalties or other relief being proposed by the Commissioner; and

     (e) Notice that the employer or other person who was the subject of the inquiry or investigation may object to the determination pursuant to NAC 607.070.

     2. The Commissioner will cause a copy of the determination to be served by mail upon each party.

     3. The employer or other person to whom a determination is issued may:

     (a) If he does not object to the matters set forth in the determination, resolve the matter by forwarding to the Commissioner an amount equal to any fines and penalties, and complying with the conditions of any other relief, proposed by the Commissioner in the determination; or

     (b) If he objects to the matters set forth in the determination, file a written objection to the determination with the Commissioner pursuant to NAC 607.070.

     4. If the employer or other person to whom a determination is issued fails to respond to the determination as provided in subsection 3, the Commissioner may issue an order affirming the determination. If the Commissioner issues such an order, the Commissioner will serve a copy of the determination and order by certified mail on the employer or other person to whom the determination was issued and on each complainant in the matter. An order issued by the Commissioner pursuant to this subsection constitutes the final order of the Commissioner on the matter.

     (Added to NAC by Labor Comm’r by R134-03, eff. 12-4-2003)