Section 6 — Notices of Violation and Enforcement
6.1 Delivery of the NOV
An NOV may be served in any of the following ways:
6.1.1 By personal service thereof upon the operator of the retail outlet, distribution facility, and/or manufacturing facility, or
6.1.2 By sending the NOV by registered or certified mail, return receipt to the operator of the retail outlet, distribution facility, and/or manufacturing facility at the last known address.
6.2 Request for appeal
6.2.1 An opportunity for appeal for the NOV findings will be provided if a written request for an administrative hearing is filed with the Health Authority by the owner or responsible person, or their designee, within the period established in the NOV. A minimum of ten (10) business days must be allowed for the appeal request to be filed with the Health Authority by the owner or responsible person.
6.2.2 The Health Authority shall notify the owner or responsible person of said administrative hearing date within ten (10) business days following receipt of written request. The hearing date must be set on a date no later than 60 days from the request for a hearing.
6.2.3 Administrative Hearings provided for appeals for a NOV is limited to:
126.96.36.199 Whether substantial evidence exists for the issuance of the NOV, and
188.8.131.52 Whether the corrective action, as ordered, is reasonable.
6.3 Administrative Hearings
Administrative Hearings shall be conducted by a Health Authority Hearing Officer and in accordance with the following:
6.3.1 Any party may be represented by counsel.
6.3.2 Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
6.3.3 Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues whether or not the matter was covered in the direct examination, impeach any witness, regardless of which party first called him to testify, and rebut the evidence against the party itself.
6.3.4 Every witness shall declare, by oath or affirmation, that he will testify truthfully. Unless limited by a specific statute, the Hearing Officer may administer oaths or affirmations to witnesses appearing before him in the hearing.
6.3.5 The technical rules of evidence do not apply. However, all testimony and exhibits offered must be relevant and bear upon the matter in contention. Testimony or exhibits considered by the Hearing Officer as not meeting this criterion may properly be excluded. Unduly repetitious evidence will be excluded. Subject to these requirements, any part of the evidence may be received in written form when the interest of the parties will not be prejudiced substantially.
6.3.6 The Hearing Officer may issue subpoenas to compel attendance of any person at the hearing, and require the production of books, records and other documents material to a hearing.
6.3.7 The Hearing Officer may question any witness to ensure the clarity and completeness of the testimony and the record.
6.3.8 All testimony shall be recorded verbatim, by human or electronic means. Any party requesting a transcript of any oral proceeding, or any part thereof, shall pay the cost thereof.
6.3.9 The decision of the Hearing Officer must be reduced to writing and shall be final upon mailing by certified mail, return receipt requested or personal service upon each party.
6.3.10 Any party aggrieved by a decision of the Hearing Officer may seek judicial review of the decision of the Hearing Officer, in accordance with the provisions of NRS 233B.130(2), and NRS 233B.131 through 233B.150, inclusive.
6.4 Health Authority additional legal remedy
6.4.1 Whenever the owner or responsible person fails to comply with the NOV, the Health Authority, in its discretion, may seek relief through a court of competent jurisdiction.
6.4.2 Whenever the owner or responsible person are operating without legal authority to do so or in a prohibited manner, such as from their unpermitted, unlicensed private residences, the Health Authority, under its authority granted by NRS Chapter 439, may initiate and conduct an investigation into the matter. The terms, conditions, and policies of other applicable statutes and ordinances are intended to be applied in conjunction with the enforcement of all other ordinances of the state, county, and its municipalities designed for the protection of the public health, safety, morals, and welfare. The fact that such statutes or ordinances are not specifically referred to in these Regulations in no manner precludes their application to facility permittees.
6.4.3 The Health Authority shall notify the appropriate Business Licensing and/or Code Enforcement Authorities of the revocation of any Health Permit.
Phone: (702) 759-1258
Updated on: October 11, 2018