Denial, suspension or revocation of permit: Notice and opportunity for hearing under certain circumstances
- investigative and subpoena powers of Director
- entitlement of applicant or accused to submit subsequent application
1.Whenever the Director has reasonable grounds to believe that any applicant or permittee under NRS 584.180 to 584.211, inclusive, is violating any of the provisions of those sections, or any of the rules, regulations or specifications adopted by the Director relative to the sanitation and grading of milk and milk products, or whenever the results of tests indicate that the facilities, milk or milk products do not meet those regulations or are not reliable or are questionable, or when the Director determines that the operation in any other manner is inimical and not for the best interests of the health, safety or welfare of the people of this state, the Director may, after providing notice and opportunity for a hearing pursuant to the provisions of subsection 2, refuse to grant a permit or suspend or revoke any or all permits previously issued.
2.Except as otherwise provided in this subsection, if the Director intends to refuse to grant a permit or to suspend or revoke a permit pursuant to the provisions of subsection 1, the Director shall provide to the applicant or permittee, by certified mail, written notice of the intended action within the period established pursuant to regulations adopted by the Director. The notice must specify the reasons, the legal authority and the jurisdiction of the Director for taking the intended action. Upon receipt of the notice, an applicant or permittee may request a hearing, and, if so requested, the Director shall conduct a hearing pursuant to regulations adopted by the Director. If an applicant or permittee does not request a hearing after being notified pursuant to the provisions of this subsection, any decision of the Director made pursuant to this section is final and not subject to judicial review. Such notice and hearing is not required and a permit may be summarily disapproved, revoked or suspended by the Director if the Director finds that, based upon the particular circumstances of the case, it is in the best interests of the health, safety or welfare of the people of this state to so proceed.
3.The Director may conduct the investigations, summon and compel the attendance of witnesses, require the production of any records or documents, and provide for the taking of depositions under the Nevada Rules of Civil Procedure in connection with a hearing conducted pursuant to the provisions of this section.
4.The findings of the Director and the judgment or order must be reduced to writing and filed in the permanent public records of the Director. The findings must state the reasons why the application for a permit was disapproved or the permit was suspended or revoked. Copies must be furnished to the applicant or permittee who may, if he or she requested and was given a hearing or if the application or permit was summarily disapproved, revoked or suspended pursuant to the provisions of subsection 2, file an appeal pursuant to regulations adopted by the Director. Upon the filing of the appeal, the Director or the Director’s designee shall appoint a person who did not participate in the decision of the Director to conduct a hearing in accordance with those regulations. The applicant or permittee is entitled to judicial review of the decision of the person so appointed in the manner provided by chapter 233B of NRS. Upon the filing for appeal or review, the enforcement of the Director’s order must be stayed pending final disposition of the matter. If the order is judicially affirmed, it becomes final and the stay of enforcement is automatically vacated.
5.In any case where the Director refuses to issue a permit, or suspends or revokes a permit, the applicant or accused is entitled to submit another application for the consideration of the Director.
6.The Director shall adopt such regulations as are necessary to carry out the provisions of this section.
Section 584.210 — Denial, suspension or revocation of permit: Notice and opportunity for hearing under certain circumstances; investigative and subpoena powers of Director; records; appeal; entitlement of applicant or accused to submit subsequent application; regulations.,