2.
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How do I apply for a
variance from a regulation?
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An application to
apply for a variance can be obtained from the State Board of Health’s website here or by contacting the Nevada Division of Public and Behavioral
Health at: (775) 684-4200.
The application and appropriate supporting documentation must be accompanied
by the appropriate fee (for the appropriate fee, please see Request for
Variance; Variance Application) pursuant to Nevada Administrative Code (NAC)
439.210(2) (made out to the Nevada Division of Public and Behavioral Health)
and mailed to:
4150 Technology Way, Suite 300
Carson City, Nevada 89706
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3.
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Once I apply for a
variance from a regulation, how do I know which meeting of the State Board of
Health my variance request will be heard?
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As soon as your
application for a variance is received by the Nevada Division of Public and
Behavioral Health, your request will be assigned a Case Number and forwarded
to the appropriate bureau for investigation and processing. Most likely,
staff from the bureau will contact you for additional information regarding
your request.
Pursuant to Nevada
Administrative Code (NAC) 439.230(1), a copy of the staff report including
relevant data and a recommendation to the State Board of Health, must be
mailed to the applicant not less than 5 days before the hearing. This report
should be accompanied by a copy of the meeting agenda.
In addition,
pursuant to Nevada Administrative Code (NAC) 439.200, public notice of the
request for a variance must be published in one or more newspapers of general
circulation within the area affected by the requested variance not less than
14 days before the hearing and must specify the time, date and place of the
hearing and the nature of the application.
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4.
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Once I apply for a
variance from a regulation, am I required to attend the Board of Health
meeting in which my request will be considered?
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No; you are not
required to attend. You should physically attend the meeting, if you wish to
present oral testimony to the Board. However, written testimony may also be
submitted to the Board’s Secretary at least 15 days before the meeting at the
following address:
Nevada Division of
Public and Behavioral Health
Attn: Secretary, State Board of Health
4150 Technology Way, Suite 300
Carson City, Nevada 89706
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5.
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Once I apply for a
variance from a regulation, how will I know if my request has been approved
or denied?
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After your request
has been presented to the Nevada State Board of Heath for consideration, and
a decision has been made by the Board, you will receive, via certified mail,
within 14 days of the meeting (pursuant to NAC 439.250) a copy of the
Findings of Fact/Conclusions of Law, which will indicate whether your request
has been approved, approved with stipulations/conditions, or denied.
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