CHAPTER 445A - WATER CONTROLS

NAC 445A.983 Grounds. (NRS 445A.425, 445A.860, 445A.880) In addition to any other grounds for disciplinary action provided by statute or regulation, the Division may take disciplinary action against a holder of a certificate if the holder has: 1. Engaged in fraud or deceit in obt…

NAC 445A.985 Notice of intent to take action; response; termination of action if satisfactory response provided; circumstances under which response may not be submitted. (NRS 445A.425, 445A.860, 445A.880) 1. Except as otherwise provided in NAC 445A.986, if the Division has cause …

NAC 445A.986 Immediate summary suspension of certificate; hearing. (NRS 445A.425, 445A.860, 445A.880) 1. The Division may suspend a certificate without complying with the requirements of NAC 445A.985 if the Division finds that, based upon the evidence in the possession of the Div…

NAC 445A.987 Appointment and duties of hearing officer; change of hearing officer for good cause. (NRS 445A.425, 445A.860, 445A.880) 1. Before sending a notice of hearing pursuant to NAC 445A.988, the Administrator shall appoint a hearing officer. The hearing officer: (a) Shall p…

NAC 445A.988 Notice of hearing; date of hearing. (NRS 445A.425, 445A.860, 445A.880) 1. The Division shall send a notice of hearing to the holder of a certificate if: (a) The holder does not provide a satisfactory response setting forth the reasons why the Division should not proc…

NAC 445A.989 Written notice of witnesses and exhibits; supplemental documents; exclusion. (NRS 445A.425, 445A.860, 445A.880) 1. Except as otherwise provided in subsection 2, not later than 5 days before the date of the hearing set forth in the notice of hearing sent pursuant to N…

NAC 445A.990 Requirements for motions and responses; motion to declare certain testimony and documents confidential. (NRS 445A.425, 445A.860, 445A.880) 1. All motions, unless made during a hearing, must be: (a) Made in writing; (b) Served on all parties of record by mail as evide…

NAC 445A.991 Order to file briefs. (NRS 445A.425, 445A.860, 445A.880) 1. A hearing officer may order the parties to file briefs with the hearing officer before a hearing. 2. Any brief filed with a hearing officer must be accompanied by a certificate of mailing for all parties of …

NAC 445A.992 Appearance at hearing; qualifications of attorney. (NRS 445A.425, 445A.860, 445A.880) 1. A party may appear in person at a hearing or may be represented by an attorney. 2. An attorney who represents a party at a hearing must be: (a) Admitted to practice and in good s…

NAC 445A.993 Continuance or recess. (NRS 445A.425, 445A.860, 445A.880) A hearing officer may, in his or her discretion, either before or during a hearing, grant a continuance or recess. (Added to NAC by Environmental Comm’n by R126-19, eff. 12-29-2020)

NAC 445A.994 Failure to appear; hearing without participation of respondent. (NRS 445A.425, 445A.860, 445A.880) If: 1. A respondent fails to appear at a hearing; 2. The hearing officer has not granted a continuance; 3. The Division offers proof that the respondent was given prope…

NAC 445A.995 Order of proceedings; preponderance of evidence; availability of electronic recording. (NRS 445A.425, 445A.860, 445A.880) 1. At a hearing conducted pursuant to NAC 445A.974 to 445A.999, inclusive: (a) The Division shall present witnesses and evidence first and the re…

NAC 445A.996 Written recommendations of hearing officer; duties of Administrator; final decision; appeal. (NRS 445A.425, 445A.860, 445A.880) 1. After the close of a hearing held pursuant to NAC 445A.995, the hearing officer shall prepare written recommendations on the issues pres…

NAC 445A.997 Appeal: Notice and service; response by Division. (NRS 445A.425, 445A.860, 445A.880) 1. A respondent may, within 10 business days after service of a decision issued by the Administrator pursuant to NAC 445A.996, file a notice of appeal with the Commission. 2. A notic…

NAC 445A.998 Appeal: Oral argument; written decision; final decision; judicial review. (NRS 445A.425, 445A.860, 445A.880) 1. Upon the filing of a response to the notice of appeal pursuant to NAC 445A.997 or the expiration of the time for filing such a response, the Executive Secr…

NAC 445A.999 Effective date of suspension or revocation of certificate; duties of holder of certificate; continuation of activities until suspension or revocation effective. (NRS 445A.425, 445A.860, 445A.880) If a final order issued by the Administrator or the Commission temporar…