NAC618.474. Imposition of administrative fine: Appeal; hearing; decision.

     1. A person may appeal the imposition of an administrative fine by filing an appeal with the Chief within 30 days after the receipt of the notice of violation.

     2. An appeal filed pursuant to this section stays the imposition of the administrative fine.

     3. An appeal filed pursuant to this section:

     (a) Must be in writing and describe in particular the matters to be appealed. If it is alleged that the Enforcement Section does not have the jurisdiction or legal authority to act with regard to the imposition of an administrative fine, it must be indicated in the appeal documents.

     (b) Must be accompanied by:

          (1) Any documents applicable to the appeal;

          (2) The names of any witnesses who may be called at the hearing on the appeal; and

          (3) The expected time needed to present the appeal.

     4. The Chief or a designee of the Chief shall set a date for hearing an appeal within 10 days after the receipt of a written appeal.

     5. The Chief or a designee of the Chief shall hear all appeals made pursuant to this section and give all parties thereto notice of the hearing and a fair opportunity to participate at the hearing. The Chief or a designee of the Chief shall issue a written decision within a reasonable time after the conclusion of the hearing.

     (Added to NAC by Div. of Industrial Relations by R116-06, eff. 11-13-2006)