CIVIL PENALTIES, SUMMARY SUSPENSIONS, HEARINGS, AND PAYMENTS
Obtain information about civil penalties and summary suspensions that have been issued by the Division,
Corrective Action Plans, Hearings, Payment options, and more.
Pursuant to Sec. 124.
1. The Department will notify on whom disciplinary action or a civil penalty is imposed pursuant to section 120 of this regulation.
3. A person that receives a notice pursuant to subsection 1 may request a hearing within 30 days after the notice is issued.
If you have received a Notice of Civil Penalty from the Division and would like to request a hearing CLICK HERE
1. If the Department finds that the public health, safety or welfare imperatively requires emergency action, the Department may issue an order of summary suspension of the license of a marijuana establishment or a marijuana establishment agent registration card pending proceedings for revocation or other action. An order of summary suspension issued by the Department must contain findings of the exigent circumstances which warrant the issuance of the order of summary suspension, and a suspension under such an order is effective immediately.
2. The Department will give notice to a person that is subject to an order of summary suspension of the facts or conduct that warrant the order and the deficiencies that must be corrected to lift the order. A person that is subject to an order of summary suspension shall not operate until the Department has confirmed that the deficiencies identified in the order have been corrected.
3. A person that is subject to an order of summary suspension may request a hearing regarding the order within 10 business days after the order is issued.
1. After being served with a notice or order of summary suspension, a person may, but is not required to, file an answer to the notice or order of summary suspension. The person may file such an answer not later than 10 days after the date of service of the notice or order of summary suspension.
If you have received a Notice of Summary Suspension from the Division and would like to file an answer or request a hearing
GENERAL HEARING INFORMATION:
The hearing officer shall send a notice to set a hearing to the last known mailing address of a person who requests a hearing.
The hearing officer shall conduct an administrative hearing within 15 days after receiving a request for a hearing. The hearing officer may continue such a hearing for good cause shown.
Notice of an administrative hearing must be served by mail at least 10 days before the date of the hearing to any person who requests a hearing.
Hearings must be held at the offices of the Division or at such other place as may be designated in the notice of hearing.
A hearing date may be scheduled with less than 10 days' notice if all parties to the hearing agree in writing.
In any hearing against a person pursuant to this chapter, the person may appear on his or her own behalf or the person may be represented by:
A) An attorney licensed to practice law by the Tribe or the State of Nevada; or
B) An attorney licensed to practice law in any state who is properly associated with an attorney licensed to practice law in this State and who provides a certificate of good standing from the licensing authority of the other state.
The hearing officer may, upon his or her own motion or the motion of a party, hold a prehearing conference for the purpose of formulating or simplifying the issues, obtaining admissions of fact or documents which will avoid unnecessary proof, arranging for the exchange of proposed exhibits or prepared expert testimony, limiting the number of witnesses, any procedure for the hearing and any other matters which may expedite orderly conduct and the disposition of the proceedings or settlements thereof.
The hearing officer may, in his or her discretion, either before or during a hearing, grant continuances or recesses.
The Division has the burden of proof, and the standard of proof is a preponderance of the evidence, as defined in the Tribe’s Law and Order Codes.
The hearing will not be conducted according to the technical rules of evidence. Any relevant evidence may be admitted, except where precluded by law, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs, even though the evidence might be subject to objection in civil actions.
Hearsay evidence, as that term is used in civil actions, may be admitted/or the purpose of supplementing or explaining other evidence, but it is not sufficient to support findings of fact unless it would be admissible over objection in civil actions.
In any hearing, the hearing officer may order briefs filed within such time as he or she allows.
After the close of the hearing, the hearing officer shall deliberate, reach a decision and prepare and serve findings of fact, conclusions of law and his or her final decision. Not later than 60 days after the close of the hearing, the hearing officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties for review.
The Division, any party to a hearing or a designated representative may, within 30 days after service of the copy of the findings of fact, conclusions of law and final decision of the hearing officer, file a notice of appeal with the Tribal Council or appointed designee.
Any revocation, suspension or civil penalty affirmed by the Tribal Court, Tribal Appellate Court, or the Tribal Court Chief Judge’s appointed designee is effective immediately.
Except as otherwise provided in the Tribal Constitution, a party may not seek any type of judicial intervention or review of a hearing until after the hearing results in a final decision of the Tribal Court, Tribal Appellate Court, or the Tribal Court Chief Judge’s appointed designee.
To arrange payment of a civil penalty, contact the Division Accounting Department directly to discuss payment options: accounting @tmedn.com