640C.757 - Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation.
640C.757 Contest of administrative citation: Time limit; hearing; effect of failure to contest citation within time limit; service of citation.
1. If a person is issued a written administrative citation pursuant to NRS 640C.755, the person may request a hearing before the Board to contest the citation by filing a written request with the Board:
(a) Not later than 15 business days after the date on which the citation is received by the person; or
(b) If the Board, for good cause shown, extends the time allowed to file a written request for a hearing to contest the citation, on or before the later date specified by the Board.
2. If the person files a written request for a hearing to contest the citation within the time allowed pursuant to this section:
(a) The Board shall provide notice of and conduct the hearing in the same manner as other disciplinary proceedings; and
(b) At the hearing, the person may contest, without limitation:
(1) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;
(2) The time allowed to take any corrective action ordered;
(3) The amount of any administrative fine ordered;
(4) The amount of any order to reimburse the Board for the expenses incurred to investigate the violation; and
(5) Whether any corrective action described in the citation is reasonable.
3. If the person does not file a written request for a hearing to contest the citation within the time allowed pursuant to this section, the citation shall be deemed a final order of the Board.
4. For the purposes of this section, a citation shall be deemed to have been received by a person:
(a) On the date on which the citation is personally delivered to the person; or
(b) If the citation is mailed, 3 days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.
(Added to NRS by 2009, 2575)