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r this section, or a copy or copies thereof, must be prominently posted as prescribed in regulations adopted by the Administrator at or near each place a violation referred to in the citation occurred.
3. No citation may be issued under this section after 6 months following the occurrence of any violation.
(Added to NRS by 1973, 1017; A 1975, 771; 1981, 587, 1513)
NRS 618.475 Citations: Notification of employer; employee’s appeal of required abatement; not reviewable if uncontested.
1. If, after an inspection or investigation, the Division issues a citation under the provisions of this chapter, it shall, within a reasonable time after the termination of the inspection or investigation, notify the employer by certified mail of the penalty, if any, proposed to be assessed under this chapter and that the employer has 15 working days within which to notify the Division that he wishes to contest the citation or proposed assessment of penalty. If, within 15 working days from the receipt of the notice issued by the Division, the employer fails to notify the Division that he intends to contest the citation or proposed assessment of penalty, and no notice is filed by any employee or representative of employees under this chapter within such time, the citation and assessment as proposed shall be deemed a final order of the review board and not subject to review by any court or agency. Upon a showing by an employer of a good faith effort to comply with the abatement requirements of a citation, and that the abatement has not been completed because of factors beyond his reasonable control, the Division shall issue an order affirming or modifying the abatement requirements in the citation.
2. Any employee or his representative alleging that the time fixed in the citation for the abatement of a violation by his employer is unreasonable may, within 15 working days after the date of posting of the notice of abatement pursuant to this chapter, file an appeal with the Division to contest the reasonableness of the period of time for abatement of the violation and must be notified in writing as to the time and place of hearing before the review board.
3. If no appeal is filed by an employee or his representative under subsection 2 of this section within the time limit of 15 working days, the period of time fixed for the abatement of the violation is final and not subject to review by any court or the review board.
(Added to NRS by 1973, 1019; A 1975, 772; 1981, 1513)
NRS 618.495 Deposition of witnesses. In an investigation the Division may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.
(Added to NRS by 1973, 1022; A 1981, 1514)
NRS 618.505 Compensation of witnesses.
1. Each witness who appears in obedience to a subpoena before the Division or its representative is entitled to receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record.
2. Claims for witnesses’ fees must be audited and paid by the Division.
3. No witness subpoenaed at the instance of a party other than the Division is entitled to compensation from the Division unless the Division certifies that his testimony was material to the matter investigated.
(Added to NRS by 1973, 1022; A 1981, 1514; 1993, 1885)
NRS 618.515 Enforcement of orders and subpoenas of Division. If any person disobeys an order of the Division, a subpoena issued by it or one of its representatives, refuses to permit an inspection or refuses to testify as a witness to any matter regarding which he may be lawfully interrogated, then the district judge of the county in which the person resides, on application of the Administrator or his representative, shall compel obedience by attachment proceedings as for contempt, as in the case of disobedience of the requirements of subpoenas issued from the court on a refusal to testify therein.
(Added to NRS by 1973, 1022; A 1981, 1514)
NRS 618.525 Division may prosecute and defend actions.
1. The Division may prosecute, defend and maintain actions in the name of the Division for the enforcement of the provisions of this chapter and is entitled to all extraordinary writs provided by the Constitution of the State of Nevada, the statutes of this State and the Nevada Rules of Civil Procedure in connection therewith for the enforcement thereof.
2. Verification of any pleading, affidavit or other paper required may be made by the Division.
3. In any action or proceeding or in the prosecution of any appeal by the Division, no bond or undertaking may be required to be furnished by the Division.
(Added to NRS by 1973, 1021; A 1981, 1514; 1993, 1885)
NRS 618.535 Admissibility of Division’s orders, rules, regulations, findings and decisions. Every order of the Division, general or special, and its rules, regulations, findings and decisions, made and entered under the provisions of this chapter, are admissible as evidence in any prosecution for the violation of any of the provisions, and must, in every such prosecution, be presumed to be reasonable and lawful and to fix a reasonable and proper standard and requirement for safety and health unless, before the institution of the prosecution, proceedings for a rehearing thereon or a review thereof have been instituted and not finally determined.
(Added to NRS by 1973, 1022; A 1975, 773; 1981, 1514; 1987, 312)
NRS 618.545 Emergency orders of Administrator; injunctive relief.
1. The Administrator may issue an emergency order to restrain any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the other enforcement procedures provided by this chapter. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove the imminent danger and prohibit the employment or presence of any person in locations or under conditions where the imminent danger exists, except persons whose presence is necessary to avoid, correct or remove the imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit it to be accomplished in a safe and orderly manner.
2. An order issued pursuant to subsection 1 becomes effective upon delivery to the employer or other person in charge of the place of employment where the danger exists. If, within 15 days after the effective date of the order, the employer fails to notify the Division that he wishes to contest the order, the order shall be deemed a final order and is not subject to review by any court or agency. If the employer contests the order within 15 days after the effective date of the order and the Division does not rescind or modify the order as requested, the employer may petition the court for relief. Upon the filing of such a petition, the district court may grant injunctive relief or a temporary restraining order pending the outcome of an enforcement proceeding pursuant to this chapter.
3. Whenever and as soon as a representative of the Division concludes that conditions or practices described in subsection 1 exist in any place of employment, he shall inform the affected employees and employers of the danger and that he is recommending to the Administrator that an emergency order be issued.
(Added to NRS by 1973, 1014; A 1975, 773; 1981, 1515; 1989, 471)
NRS 618.555 Mandamus to compel Administrator to issue emergency order. If the Administrator arbitrarily or capriciously fails to issue an emergency order pursuant to NRS 618.545, any employee who may be injured
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