439.410 - Powers and jurisdiction of district board of health and district health department; regulations of district board of health.
439.410 Powers and jurisdiction of district board of health and district health department; regulations of district board of health.
1. The district board of health has the powers, duties and authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.
3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of the public health;
(c) Provide for the sanitary protection of water and food supplies; and
(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:
(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
(b) State each address at which the text of the proposal may be inspected and copied.
(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the district board for such purpose.
5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104; 1973, 314; 1979, 161; 1983, 330; 1995, 2546; 2005, 2467)