Nevada Administrative Code

NAC 618.776 Postponement of hearing. (NRS 618.295) 1. The postponement of a hearing ordinarily will not be allowed. 2. Except in the case of an extreme emergency or in unusual circumstances, no request will be considered unless received in writing at least 3 days in advance of th…

NAC 618.779 Expedited proceeding. (NRS 618.295, 618.585) 1. Upon application of any party or intervener, or upon the motion of any member of the Board, the Chair of the Board may order an expedited proceeding. 2. If an expedited proceeding is ordered: (a) The Chief shall notify a…

NAC 618.782 Failure of party to appear. (NRS 618.295) 1. Subject to the provisions of subsection 3, the failure of a party to appear at a hearing is a waiver of all rights except the rights to be served with a copy of the decision of the Board. 2. Requests for reinstatement must …

NAC 618.785 Conduct at hearings. (NRS 618.295) All persons appearing in any proceeding shall conform to the standards of ethical conduct required in the courts of the State of Nevada. [Dep’t of Occupational Safety & Health, Rule No. 102, eff. 11-9-73]

NAC 618.788 Burden of proof. (NRS 618.295, 618.585) In all proceedings commenced by the filing of a notice of contest, the burden of proof rests with the Chief. [Dep’t of Occupational Safety & Health, Rule No. 73, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2…

NAC 618.791 Subpoenas. (NRS 618.295, 618.585) 1. The Chair of the Board or any member of the Board shall, on the application of any party directed to the Board, request the Chief to issue subpoenas requiring the attendance and testimony of witnesses and the production of any evid…

NAC 618.794 Failure to comply with order for discovery. (NRS 618.295) If any party or intervener fails to comply with an order of the Board to permit discovery in accordance with the provisions of NAC 618.650 to 618.848, inclusive, the Board may issue appropriate orders. [Dep’t o…

NAC 618.797 Discovery depositions; time limits governing discovery. (NRS 618.295) 1. Except by special order of the Board, discovery depositions of parties, interveners or witnesses are not allowed. 2. If the Board grants an application for discovery proceedings, the order granti…

NAC 618.800 Requests for admissions. (NRS 618.295) 1. At any time after the filing of a responsive pleading, any party may request of any other party admissions of facts to be made under oath. Each admission requested must be listed separately. The matter shall be deemed admitted…

NAC 618.803 Rules of evidence. (NRS 618.295) Hearings before the Board must be in accordance with the Nevada Administrative Procedure Act, chapter 233B of NRS, and, if practicable, must be governed by the rules of evidence applicable in the district courts of this State. [Dep’t o…

NAC 618.806 Exhibits. (NRS 618.295) 1. All exhibits offered in evidence must be numbered and marked with a designation identifying the party or intervener by whom the exhibit is offered. 2. In the absence of objection by another party or intervener, exhibits must be admitted into…

NAC 618.809 Examination of witnesses; affidavits. (NRS 618.295) 1. Witnesses may be examined orally under oath. Opposing parties have the right to cross-examine any witness whose testimony is introduced by an adverse party. 2. An affidavit may be admitted as evidence in lieu of o…

NAC 618.812 Inspection and reproduction of documents. (NRS 618.295) 1. Subject to the provisions of the law restricting public disclosure of information, any person may, at the offices of the Enforcement Section, inspect and copy any document filed in any proceeding. 2. The costs…

NAC 618.815 Objections. (NRS 618.295) 1. Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence or a ruling by the Chair of the Board, may be stated orally or in writing, accompanied by a short statement of the grounds fo…

NAC 618.818 Depositions. (NRS 618.295, 618.585) 1. An application to take the deposition of a witness in lieu of oral testimony must be in writing and must set forth the reasons the deposition must be taken, the name and address of the witness, the matters to which the witness wi…

NAC 618.821 Oral arguments. (NRS 618.295, 618.585) Oral arguments on motions or other preliminary matters before the Board will not be allowed unless the Board advises all parties to the proceeding of the date, hour, place, time allotted and scope of the argument at least 10 days…

NAC 618.824 Severance. (NRS 618.295) Upon its own motion, or upon a motion of any party or intervener, the Board may, for good cause, order any proceeding severed with respect to some or all issues or parties. [Dep’t of Occupational Safety & Health, Rule No. 10, eff. 11-9-73]

NAC 618.827 Consolidation. (NRS 618.295) Cases may be consolidated on the motion of any party or on the Board’s own motion if there exist common parties, common questions of law or fact, or both, or in any other circumstances as justice and the administration of the act require. …

NAC 618.830 Time for filing briefs or proposed findings of fact or conclusions of law. (NRS 618.295, 618.585) The Chair of the Board may fix a reasonable period for the filing of any briefs ordered by the Board or proposed findings of fact and conclusions of law. [Dep’t of Occupa…

NAC 618.833 Settlement. (NRS 618.295, 618.585) 1. A settlement will be approved by the Board at any stage of the proceedings if the settlement is consistent with the provisions and objectives of chapter 618 of NRS. 2. An agreement for a settlement submitted by the parties must be…

NAC 618.836 Decision of Board. (NRS 618.295, 618.585) 1. The decision of the Board will include findings of fact, conclusions of law and an order. 2. All motions, petitions and other pleadings filed after the issuance of the decision must be addressed to the Board. [Dep’t of Occu…

NAC 618.839 Stay of final order. (NRS 618.295) 1. Any party aggrieved by a final order of the Board may, while the matter is within the jurisdiction of the Board, file a motion for a stay. 2. The motion must list the reasons for which a stay is sought and the length of the stay r…

NAC 618.842 Transcript. (NRS 618.295) Hearings must be transcribed verbatim. A copy of the transcript of testimony taken at the hearing, fully certified by the reporter, must be filed with the Board before whom the matter was heard. The Board will promptly serve notice upon each …

NAC 618.845 Reporter’s fees. (NRS 618.295) Except as otherwise provided in NAC 618.848, reporter’s fees must be paid by the Enforcement Section. [Dep’t of Occupational Safety & Health, Rule No. 64, eff. 11-9-73]

NAC 618.848 Witness fees; fees to persons taking depositions. (NRS 618.295) 1. Witnesses summoned before the Board are entitled to be paid the same fees and mileage that are paid to witnesses in the courts of the State of Nevada. 2. Witnesses whose depositions are taken and the p…

NAC 618.850 Definitions. (NRS 618.295, 618.760) As used in NAC 618.850 to 618.986, inclusive, unless the context otherwise requires, the words and terms defined in NAC 618.851 to 618.904, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Dep’t of I…

NAC 618.851 “Abatement” defined. (NRS 618.295, 618.760) “Abatement” means any act which is intended to reduce, eliminate or encapsulate asbestos or materials containing asbestos. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.852 “Abatement worker” defined. (NRS 618.295, 618.760) “Abatement worker” means any person who is licensed by the Enforcement Section in a nonsupervisory capacity, to clean, handle, repair, remove, encapsulate, enclose, haul, dispose of or otherwise work with materials co…

NAC 618.853 “Accredited” defined. (NRS 618.295, 618.760) “Accredited” means the formal approval of a person’s credentials given by the Enforcement Section, or an authority approved by the Enforcement Section, based on the person’s training, experience and education. (Added to NAC…

NAC 618.854 “Activity for the abatement of asbestos” defined. (NRS 618.295, 618.760) “Activity for the abatement of asbestos” means any process related to the job set-up, removal, encapsulation, enclosure, renovation, repair, demolition, construction, alteration or maintenance of…

NAC 618.856 “Aggressive sampling” defined. (NRS 618.295, 618.760) “Aggressive sampling” means a method of sampling in which the act of collecting the samples creates the motion of matter during the sampling process, stirs up settled dust or stimulates the movement of materials in…

NAC 618.857 “AHERA” defined. (NRS 618.295, 618.760) “AHERA” means the Asbestos Hazard Emergency Response Act of 1986, Pub. L. 99-519, 100 Stat. 2970, Title 15, Oct. 22, 1986, and the regulations adopted pursuant thereto. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, e…

NAC 618.861 “Asbestos fiber” defined. (NRS 618.295, 618.760) “Asbestos fiber” means a particulate form of asbestos which is 5 micrometers or longer with a length-to-width ratio of at least 3 to 1. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.862 “Building” defined. (NRS 618.295, 618.760) “Building” means a roofed or walled structure built for permanent use, including any associated external or internal mechanical system. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.863 “Containment area” defined. (NRS 618.295, 618.760) “Containment area” means a negative pressure enclosure containing a project for the abatement of asbestos, emergency asbestos project or decontamination enclosure system which is configured so as to isolate those acti…

NAC 618.864 “Contractor” defined. (NRS 618.295, 618.760) “Contractor” means a contractor, as that term is defined in NRS 624.020, who is involved in a project for the abatement of asbestos. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.866 “Demolition” defined. (NRS 618.295, 618.760) “Demolition” means the wrecking or taking out of any structural member and any related razing, removing or stripping of asbestos. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.869 “Emergency asbestos project” defined. (NRS 618.295, 618.760) “Emergency asbestos project” means any activity for the abatement of asbestos requiring immediate action for safety or the protection of the public health, which is not planned but results from a sudden, une…

NAC 618.870 “Employee” defined. (NRS 618.295, 618.760) “Employee” means an employee, as that term is defined in NRS 618.085, who is required, directed, allowed or permitted by his or her employer to engage in any employment at any place where an activity for the abatement of asbe…

NAC 618.874 “EPA” defined. (NRS 618.295, 618.760) “EPA” means the Environmental Protection Agency. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.875 “Friable material containing asbestos” defined. (NRS 618.295, 618.760) “Friable material containing asbestos” means a substance containing asbestos which can be crumbled, pulverized or reduced to powder by hand pressure. (Added to NAC by Dep’t of Industrial Relations,…

NAC 618.879 “Inspector” defined. (NRS 618.295, 618.760) “Inspector” means a licensed consultant who is specially accredited to: 1. Determine the presence, condition and location of building material that is material presumed to contain asbestos; and 2. Collect samples of building…

NAC 618.881 “License” defined. (NRS 618.295, 618.760) “License” means an authorization issued by the Enforcement Section to engage in a project for the control of asbestos in a specific occupation. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)

NAC 618.882 “Licensed consultant” defined. (NRS 618.295, 618.760) “Licensed consultant” means any person who is licensed by the Enforcement Section to be directly involved with providing consultant services regarding the control of asbestos and who is accredited as: 1. An inspect…

NAC 618.883 “Licensee” defined. (NRS 618.295, 618.760) “Licensee” means any person who is licensed by the Enforcement Section pursuant to NAC 618.850 to 618.986, inclusive. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by…

NAC 618.884 “Lock down” defined. (NRS 618.295, 618.760) “Lock down” means the process of spraying the work area with an encapsulant or other material as a measure to prevent any remaining materials containing asbestos from becoming airborne after the abatement of asbestos is comp…

NAC 618.885 “Maintenance” defined. (NRS 618.295, 618.760) “Maintenance” means any act intended to preserve or sustain the integrity of a structure, material or apparatus. (Added to NAC by Dep’t of Industrial Relations, 12-19-89, eff. 1-1-90)