NAC618.5113. Suspension or revocation of certificate.

     1. The Enforcement Section may, at any time, upon a showing of good cause and after notice and an opportunity to be heard, suspend or revoke a certificate of competency.

     2. The Enforcement Section shall provide notice of the suspension or revocation of a certificate of competency to the holder of the certificate at least 48 hours before the time set by the Enforcement Section for a hearing on the matter.

     3. Service of a notice of suspension or revocation of a certificate of competency must be made by personal service or by certified mail to the holder of the certificate. Such a notice must specify the reason for the suspension or revocation of the certificate to allow the holder of the certificate to prepare for the hearing on the matter.

     4. A hearing on the suspension or revocation of a certificate of competency must be held at the Office of the Enforcement Section as soon as possible after the Enforcement Section determines that the certificate should be suspended or revoked. The Chief or a designee of the Chief shall preside over such a hearing.

     5. At a hearing held pursuant to this section, the Enforcement Section has the burden of establishing the existence of good cause for the suspension or revocation of the certificate of competency. Good cause shall be deemed to exist if the Enforcement Section establishes that the holder of the certificate did not provide the required explosives training or examination.

     6. The Chief or a designee of the Chief, as appropriate, shall issue his or her decision on the matter within a reasonable time after the conclusion of the hearing. A decision by the Chief or a designee of the Chief is a final decision for the purposes of judicial review.

     (Added to NAC by Div. of Industrial Relations by R109-00, eff. 9-6-2001)