Section 12 – Enforcement

12.1Cease and Desist Orders and Closure Orders

If any violation or combination of violations noted on the inspection report constitutes a substantial threat to health and safety, then the following actions may be taken by the Health Authority:

12.1.1If the violation is located in any part of the public accommodation facility other than a guest room, then a Cease and Desist Order shall be issued by the Health Authority describing the violation, its location within the public accommodation facility, the corrective action necessary to remedy the situation in a manner that protects public health and safety, and a time frame within which the corrective action must be completed.
12.1.2If the violation is located within a guest room or multiple guest rooms operated by the public accommodation facility, then a Guest Room Closure Order can be issued. Guest rooms which have been ordered closed by the Health Authority may not be rented, leased, or otherwise occupied until cleared by the Health Authority following a reinspection.
12.1.3When all guest rooms within a public accommodation facility are closed, then the facility may be issued a public accommodation facility Closure Order. This Order requires that all activities related to the facility’s operation must cease until the substantial health hazards noted on the Order are corrected and a satisfactory reinspection has occurred.
12.2Reinspection protocol for Cease and Desist Orders and Closure Orders
12.2.1A public accommodation facility which has any guest room or other area (such as a laundry room, chemical storage area, equipment room, or dish washing area) closed due to a substantial health hazard must pay a reinspection fee and closure fee prior to requesting a reopening inspection of the guest room(s) or area(s) in question (see the current edition of the Southern Nevada Health District Fee Schedule).
12.2.2Once the public accommodation facility pays the reinspection fee and closure fee and requests the reinspection, the Health Authority shall reinspect, or make mutually agreed upon arrangements with the responsible person to reinspect, within 72 hours of the receipt of the request.
12.3Health Permit suspension
12.3.1When conditions at the public accommodation are so severe as to constitute a substantial threat to public health and safety throughout the majority of the property or when the responsible person fails to remedy deficiencies previously addressed in an inspection report, Cease and Desist Order, or Closure Order, the Health Authority may suspend the public accommodation’s Health Permit.
12.3.2Any public accommodation facility which operates without a valid Health Permit as part of its facility a food establishment, swimming pool, spa, or potable water supply system, such as a water well, is in substantial noncompliance of these Regulations and is subject to immediate public accommodation facility Health Permit suspension or revocation.
12.3.3The Health Authority may also suspend the Health Permit of a public accommodation facility if the public accommodation facility:
12.3.3.1Does not have a valid Health Permit, license, or other authorization required by applicable government agencies.
12.3.3.2Rents, leases, or otherwise lets a room which has been closed by the Health Authority.
12.3.3.3Knowingly allows illegal activity to occur at the public accommodation facility, which may cause potential illness, injury, or death of guests or employees.
12.4Procedure for request of Health Permit reinstatement
12.4.1When a public accommodation facility Health Permit has been suspended, a responsible person representing the facility may make application for a reinspection, which may result in the reinstatement of the Health Permit.
12.4.2The applicant must provide to the Health Authority a written request for reinspection and reinstatement within ten (10) calendar days of the initial suspension of the Health Permit.
12.4.3Following a timely review of the application, the Health Authority shall make a reinspection of the public accommodation facility.
12.4.4The Health Authority shall determine if the conditions have been corrected, which caused the threat to public health and resulted in the suspension of the Health Permit.
12.4.5Unless the Health Authority is pursuing permanent revocation of the Health Permit, if the conditions have been corrected and the applicant is complying with the requirements of this Regulation, the Health Permit shall be reinstated.
12.5Health Permit revocation

The Health Authority may permanently revoke a public accommodation facility’s Health Permit under certain conditions including, but not limited to, repeated or willful noncompliance with the requirements of these Regulations. The public accommodation facility must cease all operations upon receipt of a Notice of Revocation and pending a hearing pursuant to an exercised right of appeal.

12.6Appeal rights

Upon written petition submitted to the Health Authority within five (5) business days after receipt of a Notice of Suspension or Revocation of a public accommodation facility Health Permit, the recipient of the written Notice may exercise his right of appeal and must then be afforded a hearing as soon as possible, and in any event in not more than ten (10) business days from the receipt of the petition by the Health Authority. Hearings shall be conducted by a Health Authority Hearing Officer and in accordance with the following:

12.6.1Any party may be represented by counsel.
12.6.2Opportunity shall be afforded all parties to respond and present evidence and argument on all issues involved.
12.6.3Each party may call and examine witnesses, introduce exhibits, cross-examine of 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.
12.6.4Every 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.
12.6.5Irrelevant, immaterial or unduly repetitious evidence must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Effect shall be given to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
12.6.6The 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.
12.6.7The Hearing Officer may inquire of any witness following any segment of testimony.
12.6.8Members of the public may testify in cases before the Hearing Officer.
12.6.9All 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.
12.6.10The decision of the Hearing Officer must be reduced to writing and shall be final ten (10) days after mailing to by certified mail, return receipt requested or personal service upon each party.
12.6.11Any 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.
12.7Health Authority additional legal remedy

Whenever the responsible person, operator, or owner fails to comply with the provisions of these Regulations in a timely manner, relief may also be sought through a court of competent jurisdiction.

Contact Information

Phone: (702) 759-1258

 

Updated on: January 15, 2019

2019-01-15T10:00:45+00:00