§ 6.10.050. Appeal of a work identification card denial, non-renewal, suspension or revocation.

(a) Any applicant for or holder of a work identification card aggrieved by a decision of the sheriff or his designee to deny, suspend or revoke a work identification card may appeal such decision for error of law or fact to the Director by filing written notice of appeal with the director. An appeal of the denial of a work identification card must be received within thirty days of the date of the notice of the denial. An appeal of the non-renewal, suspension or revocation of a work identification card must be received within ten days of the date of the notice of the non-renewal, suspension or revocation. All appeals must include a copy of the holder's signed and notarized "authorization to release information" form approved by the director and sheriff pursuant to Section 6.10.030 above. Upon receipt of the written appeal, it shall be placed on the agenda of the next available, regularly scheduled meeting of the hearing officer. A timely received, date-stamped appeal shall only cause a stay of the non-renewal/suspension/revocation issued by the sheriff.

(b)

All parties shall be advised of the date, time and place of hearing. The person aggrieved shall submit to the department at the time of the scheduled hearing, the notice of denial, non-renewal, suspension or revocation and any work identification cards issued to him or her. The hearing will follow the rules of procedure set out in Section 8.08.100, except subsections (A) and (B) will not apply if the hearing is conducted by a hearing officer. The notice of appeal shall contain a statement of all facts upon which the applicant/holder relies to establish his suitability or any error of law or facts that relate to the denial, non-renewal, suspension or revocation of the work identification card. A copy of the judgment or an adjudication of guilt and/or any other related documents may be necessary, and are the prospective employee/holder's responsibility to provide. The sheriff shall forward as much of the record as can be provided by law, including the work identification card referral form and the investigative report, to the director within thirty (calendar days after receipt of notice of an appeal of the denial, non-renewal, suspension or revocation of a work identification card. The record shall be addressed to the hearing officer in care of the director.

(c)

The director shall prescribe all forms necessary for said appeal(s) to the hearing officer for purposes of this chapter and make said forms available to the applicant/holder. The director shall inform the applicant of the hearing officer's decision and the applicant/holder's right to appeal to the board or court of competent jurisdiction pursuant to the code.

(d)

An appeal may not be filed with the hearing officer or board if:

(1)

The decision is due to conviction of specific crimes or specific grounds for non-issuance of the work identification card that are listed in any section of the Nevada Revised Statutes; denials pursuant to these provisions may only be petitioned to the state district court; or

(2)

The applicant fails to file a written notice of appeal with the director within thirty (days from the date of the notice of denial of the work identification card or within ten days from the date of the notice of non-renewal, suspension or revocation of the work identification card.

(Ord. No. 3892, § 7, 8-18-2010)

Note— See the editor's note to § 6.10.040.