Section 439.Sec. 33 - NEW1. The Division may refuse to issue or renew a certificate for a program, revoke or suspend a certificate, or place a program on probation with specified conditions for a specified period or issue a written warning if: (a) The person or governmental entity that operates the program has failed to comply with any provision of sections 2 to 40, inclusive;(b) The person or governmental entity that operates the program obtained a certificate or any other license by fraudulent misrepresentation;(c) A program facilitator or other staff member of the program commits gross malpractice related to the program;(d) A program facilitator or other staff member of the program, while at a facility of the program or while performing any work for the program, has been intoxicated or used or possessed a controlled substance without a prescription;(e) A program facilitator or other staff member of the program has engaged in violent behavior or been convicted of a crime which demonstrates unfitness to be a program facilitator or other staff member of the program;(f) The person or governmental entity that operates the program or a program facilitator or other staff member of the program has engaged in any unethical practice in the treatment of persons who solicit prostitution;(g) The person or governmental entity that operates the program fails to notify the Division of a change in the program as required by section 12;(h) The person or governmental entity that operates the program or a program facilitator or other staff member of the program fails to comply with a stipulation, agreement, order, advisory opinion or declaratory order issued by the Division;(i) The program provides treatment to an offender after its certificate has expired; or(j) The person or governmental entity that operates the program or a program facilitator or other staff member of the program has engaged in any other unjust practice, method or treatment which the Division determines warrants such an action.2. For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere shall be deemed a conviction of an offense. The Division may take disciplinary action pending the appeal of a conviction.3. The Division may assess against and collect from a program against whom disciplinary action is imposed any costs incurred by the Division relating to the imposition of the disciplinary action, including, without limitation, the cost for investigators and stenographers, attorney's fees and the cost of a hearing conducted pursuant to section 34.Nev. Admin. Code § 439.Sec. 33
Added to NAC by Bd. of Health by R037-22A, eff. 12/29/2022NRS 4.373, 5.055, 439.200