Nevada Revised Statutes 624.345 – Contest of administrative citation or order to cease and desist: Time limit; effect of failure to contest citation or order within time limit; extension of time to contest citation or order; service of citation or order
1. A person who is issued a written citation pursuant to NRS 624.341 or an order to cease and desist pursuant to NRS 624.212 may contest the citation or order:
Terms Used In Nevada Revised Statutes 624.345
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- 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
(a) Within 15 business days after the date on which the citation or order is served on the person; or
(b) For a citation that has been affirmed or modified following an informal citation conference pursuant to NRS 624.343, within 15 business days after the date on which the affirmed or modified citation is served on the person.
2. A person may contest, without limitation:
(a) The facts forming the basis for the determination that the person has committed an act which constitutes a violation of this chapter or the regulations of the Board;
(b) The time allowed to take any corrective action ordered;
(c) The amount of any administrative fine ordered;
(d) The amount of any order to reimburse the Board for the expenses incurred to investigate the person; and
(e) Whether any corrective action described in the citation or order is reasonable.
3. A citation issued pursuant to NRS 624.341 or an order to cease and desist issued pursuant to NRS 624.212 shall be deemed a final order of the Board and not subject to review by any court or agency if the person to whom the citation or order is issued does not contest the citation or order:
(a) Within 15 business days after the date on which the citation or order is served on the person;
(b) For a citation that has been affirmed or modified following an informal citation conference conducted pursuant to NRS 624.343, within 15 business days after the date on which the affirmed or modified citation is served on the person; or
(c) On or before such later date as specified by the Board pursuant to subsection 4.
4. The Board may, for good cause shown, extend the time to contest a citation issued pursuant to NRS 624.341 or an order to cease and desist issued pursuant to NRS 624.212.
5. For the purposes of this section:
(a) An order to cease and desist must be served in accordance with NRS 624.212.
(b) A citation shall be deemed to have been served on a person on:
(1) The date on which the citation is personally delivered to the person; or
(2) 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.