Section 7 — Enforcement
7.1 Request for appeal
7.1.1 For the purposes of this section Notice and Order shall refer to either the Notice of Violation and Order for Abatement issued pursuant to Sections 6.1 to 6.5 et seq. or Notice of Violation and Order to Comply issued pursuant to Sections 6.6 to 6.10 et seq.
7.1.2 An opportunity for appeal for the Notice and Order 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 Notice and Order. 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.
7.1.3 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.
7.1.4 Administrative Hearings provided for appeals for a Notice and Order is limited to:
126.96.36.199 Whether substantial evidence exists for the issuance of the Notice and Order, and
188.8.131.52 Whether the corrective action, as ordered, is reasonable.
7.2 Administrative Hearings Administrative Hearings shall be conducted by a Health Authority Hearing Officer and in accordance with the following:
7.2.1 Any party may be represented by counsel.
7.2.2 Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
7.2.3 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.
7.2.4 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.
7.2.5 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.
7.2.6 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.
7.2.7 The Hearing Officer may inquire of any witness following any segment of testimony.
7.2.8 Members of the public may testify in cases before the Hearing Officer.
7.2.9 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.
7.2.10 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.
7.2.11 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.
7.3 Health Authority additional legal remedy
7.3.1 Whenever the owner or responsible person fails to comply with the Notice and Order, relief may also be sought by the Health Authority through a court of competent jurisdiction.
7.3.2 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 439, may 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.
7.3.3 Licensing, building officials, and code enforcement authorities, which are the agencies of jurisdiction for a given area, and any other relevant agency of jurisdiction, such as the EPA, shall be notified by the Health Authority of the continued non-compliance with a Notice and Order, Administrative Hearing Order, or any other legal order from a court of competent jurisdiction for the purposes of cooperative and unified responses to RLH. The Health Authority shall provide to the appropriate agency of jurisdiction a copy of the Notice and Order or other documentation for their review and records.
Phone: (702) 759-1258
Updated on: October 11, 2018