NAC608.300. Revocation of certificate.

     1. A certificate may be revoked at any time if, as of:

     (a) The date of issuance, the Division determines that any misrepresentation or false statement has been made in obtaining the certificate or in permitting a worker with a disability to be employed thereunder;

     (b) The date of violation, the Division determines that any of the provisions of NAC 608.200 to 608.370, inclusive, or the terms of the certificate have been violated; or

     (c) The date of notice of the revocation, the Division determines that the certificate is no longer necessary in order to prevent the curtailment of opportunities for employment.

     2. If a petition for review is filed under NAC 608.365, the effective date of the revocation must be postponed until action is taken on the petition. If the revocation is affirmed on review, the employer shall reimburse any worker with a disability paid a special minimum wage in an amount equal to the difference between the applicable minimum wage and the lower wage paid that worker, retroactive to the effective date of the revocation.

     3. Except in cases of willfulness or those in which the public interest requires otherwise, before any certificate is revoked, facts or conduct which may warrant such action must be called to the attention of the employer in writing and the employer must be afforded an opportunity to demonstrate or achieve compliance with all legal requirements.

     (Added to NAC by Dep’t of Human Resources, eff. 2-14-89)