Nevada Code § 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
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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 Directors 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 Directors
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.

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