NAC608.345. Administrative review of special minimum wage; reporting violations of law.

     1. A worker with a disability receiving a special minimum wage, or his parent or guardian, may petition the Administrator to obtain a review of the special minimum wage. No particular form of petition is required, except that a petition must be signed by the worker, or his parent or guardian, and contain the name and address of the worker and his employer. The petition must be delivered or mailed to the Administrator at 505 East King Street, Room 502, Carson City, Nevada 89710.

     2. The Administrator will review the petition within 10 working days after he receives it and will contact or visit the employer of the worker to inform the employer that the petition has been filed.

     3. The Administrator may require the employer to present documents and records and may otherwise investigate the circumstances pertaining to the petition. The Administrator may also require additional information from the worker or any representative of the employee.

     4. Within 60 days after he receives the petition, the Administrator will make a determination in the matter and will give the worker and the employer written notice of his findings. If the Administrator finds that any provision of NAC 608.200 to 608.370, inclusive, or any condition of the certificate has been violated, the Administrator may require corrective action or revoke the certificate. The decision of the Administrator is final for the purposes of judicial review, but does not limit the right of a worker with a disability to pursue any other administrative remedy available under applicable law.

     5. If the Administrator finds an actual or potential violation by an employer of subsection 1 of NRS 608.250, or of section 14(c) of the Fair Labor Standards Act of 1938, 29 U.S.C. § 214(c), or any regulation adopted thereunder, the Administrator may provide information in his possession to the Labor Commissioner or the Wage and Hour Division and request an investigation of the matter.

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