Nevada Revised Statutes 624.343 – Contest of administrative citation: Authority to request and conduct of informal citation conference; action by Executive Officer or designee; effect and service of affirmance or modification of citation; authority t…
1. A person who is issued a written citation pursuant to NRS 624.341 may, within 15 business days after the date on which the citation is served on the person, submit to the Executive Officer or his or her designee a written request for an informal citation conference.
Terms Used In Nevada Revised Statutes 624.343
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
2. The Executive Officer or his or her designee shall, within 60 business days after the date on which a written request for an informal citation conference is received, conduct an informal citation conference with the person who submitted the request. The person may be represented by legal counsel at the conference.
3. Subject to the provisions of subsections 4 and 5, the Executive Officer or his or her designee may enter reasonable orders governing how an informal citation conference is conducted. An informal citation conference may be conducted in an informal manner and is not required to be conducted in accordance with the requirements for the conduct of a hearing set forth in NRS 233B.121 to 233B.150, inclusive.
4. At an informal citation conference, the Executive Officer or his or her designee and the person who submitted the request for the informal citation conference shall present all evidence that is known to them at the time of the conference that substantiates their respective positions.
5. An informal citation conference must not be recorded. Any offer of settlement or other statement made during an informal citation conference must not be used as an admission in any subsequent hearing, and the Executive Officer or his or her designee shall so inform the person who submitted the request for the informal citation conference at the beginning of the conference.
6. At the conclusion of an informal citation conference, the Executive Officer or his or her designee shall affirm, modify or dismiss the citation.
7. If the Executive Officer or his or her designee affirms or modifies a citation pursuant to subsection 6:
(a) The original citation issued pursuant to NRS 624.341 shall be considered withdrawn and replaced by the affirmed or modified citation; and
(b) The Executive Officer or his or her designee shall, within 15 business days after the date on which the informal citation conference is concluded, serve on the person and his or her counsel, if applicable, the affirmed or modified citation and a written statement of the reasons for the decision to affirm or modify the citation.
8. A person whose citation was affirmed or modified pursuant to this section:
(a) May contest the affirmed or modified citation in accordance with the procedures set forth in NRS 624.345.
(b) May not submit a request to the Executive Officer or his or her designee for an informal citation conference concerning the affirmed or modified citation.
9. For the purposes of this section, a citation shall be deemed to have been served on a person on:
(a) The date on which the citation is personally delivered to the person; or
(b) If the citation is mailed, the date on which the citation is mailed by certified mail to the last known business or residential address of the person.