Nev. Admin. Code § 458.401 - Procedure for review of actions taken by Health Division; appeals

1. A person who has reason to believe that an action taken by the Division pursuant to this chapter or chapter 458 of NRS is incorrect or based upon inadequate knowledge may, within 10 business days after receiving notice of the action, request an informal discussion with the employee of the Division responsible for the action and the immediate supervisor of the employee.

2. If the informal discussion does not resolve the problem, the aggrieved person may, within 10 business days after the date scheduled for the informal discussion, submit a written request to the Division for an informal conference. The informal conference must be scheduled for a date, time and place mutually agreed upon by the aggrieved person and the Division, except that the informal conference must be held not later than 60 days after the date on which the Division received the written request for the conference.

3. Except as otherwise provided in subsection 4, the determination of the Division resulting from the informal conference cannot be appealed and is the final remedy available to the aggrieved person.

4. An applicant for or holder of a certificate issued pursuant to this chapter or chapter 458 of NRS who is aggrieved by an action of the Division relating to the denial of initial certification or recertification of a program or a detoxification technician, the denial of certification of additional services to a program, the suspension or revocation of a certificate of a program or a detoxification technician or the suspension of funding for services of a program may appeal that action in accordance with NAC 439.300 to 439.395, inclusive, after exhausting the informal procedures set forth in this section, except that the Division may waive the informal procedures, or any portion thereof, by giving written notice to the aggrieved person.

Notes

Nev. Admin. Code § 458.401

Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004; A by R104-14, eff. 10/27/2015

NRS 439.200, 458.025, as amended by section 2 of Senate Bill No. 31, chapter 76, Statutes of Nevada 2015, at page 305