reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 98 - NEW

Current through June 11, 2024
To make a change to the name or address on a marijuana
				  establishment agent registration card, the marijuana establishment agent must
				  submit to the Department a request for the change, which must include:
1. The name on and the number of the current
				marijuana establishment agent registration card of the cardholder;
2. The new name or address of the
				cardholder;
3. The effective date
				of the new name or address of the cardholder;
4. For a change of the address of the
				cardholder, the county and state in which the new address is located;
				and
5. For a change of the name of
				the cardholder, a copy of any valid government-issued identification card of
				the cardholder which includes a photograph of the person and the new name and
				address of the cardholder and documentation of the reason for the
				change.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 99 - NEW

Current through June 11, 2024
To request a replacement marijuana establishment agent
				  registration card that has been lost, stolen or destroyed, the marijuana
				  establishment agent must submit to the Department, within 3 working days after
				  the card was lost, stolen or destroyed, a request for a replacement card which
				  must include:
1. The name and date of
				birth of the cardholder;
2. If
				known, the number of the lost, stolen or destroyed marijuana establishment
				agent registration card; and
3. If
				the cardholder cannot provide the number of the lost, stolen or destroyed
				marijuana establishment agent registration card, a copy of:
(a) Any valid government-issued
				identification card of the cardholder which includes a photograph of the
				person; or
(b) A marijuana
				establishment agent registration card previously issued to the
				person.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 100 - NEW

Current through June 11, 2024
If the Department issues a marijuana establishment agent
				  registration card based on a request pursuant to section 98 or 99 of this
				  regulation, the new marijuana establishment agent registration card must have
				  the same expiration date as the marijuana establishment registration agent card
				  being changed or replaced.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 101 - NEW

Current through June 11, 2024
1. The Department will deny an application
				for or an application to renew a marijuana establishment agent registration
				card if the applicant:
(a) Does not meet the
				requirements set forth in section 94 of this regulation; or
(b) Previously has had a marijuana
				establishment agent registration card or a medical marijuana establishment
				agent registration card revoked.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 102 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
				1 of NRS
				453D.230, the Department will charge and
				collect the following fees:
For the initial issuance of a license for a retail
								marijuana store ..........................
$20,000
For the renewal of a license for a retail marijuana
								store ......................................
6,600
For the initial issuance of a license for a
								marijuana cultivation facility ..............
30,000
For the renewal of a license for a marijuana
								cultivation facility ..........................
10,000
For the initial issuance of a license for a
								marijuana product manufacturing facility
								........................................................................................
10,000
For the renewal of a license for a marijuana
								product manufacturing facility
								..................................................................................................................
3,300
For the initial issuance of a license for a
								marijuana testing facility ....................
15,000
For the renewal of a license for a marijuana
								testing facility ................................
5,000
For the initial issuance of a license for a
								marijuana distributor ..........................
15,000
For the renewal of a license for a marijuana
								distributor ........
5,000
2.
				Each marijuana establishment shall submit the fee required by subsection 1 to
				the Department annually.
3. For the
				ongoing activities of the Department relating to the oversight of marijuana
				establishments, not related to processing an application by a marijuana
				establishment, the Department will collect an assessment from each marijuana
				establishment for the time and effort attributed to the oversight of the
				marijuana establishment that is based upon the hourly rate established by the
				Department.
4. As used in this
				section, "license" includes a conditional license.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200,
				  453D.230
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 103 - NEW

Current through June 11, 2024
A marijuana establishment shall post its license for a
				  marijuana establishment, business license and any other authorization to
				  conduct business in a conspicuous place within the marijuana
				  establishment.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 104 - NEW

Current through June 11, 2024
A marijuana establishment shall not sell or transfer a lot of
				  usable marijuana, concentrated marijuana or marijuana products until all
				  required quality assurance testing has been completed.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 105 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
				section, the only persons who may be on the premises of a retail marijuana
				store are:
(a) A marijuana establishment
				agent;
(b) A patient who holds a
				valid registry identification card or letter of approval;
(c) The designated primary caregiver of a
				patient who holds a valid registry identification card or letter of
				approval;
(d) A person who is not a
				resident of this State but is deemed to hold a valid registry identification
				card pursuant to NRS
				453A.364;
(e) A person inspecting the marijuana
				establishment, including, without limitation, a local government authority,
				pursuant to this chapter or chapter 453D of NRS; or
(f) Any person not listed in paragraph (a) to
				(e), inclusive, who is at least 21 years of age.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 106 - NEW

Current through June 11, 2024
A marijuana establishment shall:
1. Develop, document and implement policies
				and procedures regarding:
(a) Job descriptions
				and employment contracts, including, without limitation:
(1) The duties, authority, responsibilities
				and qualifications of personnel;
(2) Supervision of personnel;
(3) Training in and adherence to
				confidentiality requirements;
(4)
				Periodic performance evaluations; and
(5) Disciplinary actions.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 107 - NEW

Current through June 11, 2024
A marijuana establishment shall:
1. Ensure that each marijuana establishment
				agent has his or her marijuana establishment agent registration card or
				temporary authorization in his or her immediate possession when the marijuana
				establishment agent:
(a) Is employed by or
				volunteering at or providing labor as a marijuana establishment agent at the
				marijuana establishment;
(b) Is
				transporting marijuana or marijuana products for the marijuana establishment,
				regardless of the type of license held by the marijuana establishment;
				or
(c) Is delivering marijuana or
				marijuana products for a retail marijuana store.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 108 - NEW

Current through June 11, 2024
1. Each marijuana establishment shall
				designate in writing a marijuana establishment agent who has oversight of the
				inventory control system of the marijuana establishment.
2. Except as otherwise provided in subsection
				3, a marijuana establishment shall only acquire marijuana or marijuana products
				from:
(a) Another marijuana establishment,
				including, without limitation, a marijuana cultivation facility, a marijuana
				product manufacturing facility or a retail marijuana store; or
(b) A medical marijuana establishment which
				is registered pursuant to chapter 453A of NRS.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 109 - NEW

Current through June 11, 2024
A marijuana establishment shall:
1. Use the seed-to-sale tracking system
				managed by the independent contractor selected by the Department;
2. Connect to the seed-to-sale tracking
				system using the independent contractor's application programming interface;
				and
3. Pay any fees assessed by the
				independent contractor for using the seed-to-sale tracking system, including,
				without limitation, user fees or application programming interface
				fees.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 110 - NEW

Current through June 11, 2024
A marijuana establishment shall:
1. Document and report any loss or theft of
				marijuana from the marijuana establishment to the appropriate law enforcement
				agency and to the Department within 24 hours after discovery of the loss or
				theft; and
2. Maintain copies of
				any documentation required pursuant to this chapter and chapter 453D of NRS for
				at least 5 years after the date on the documentation and provide copies of the
				documentation to the Department for review upon request.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 112 - NEW

Current through June 11, 2024
1. Each marijuana establishment must ensure
				that each marijuana establishment agent who is employed by, volunteers at or
				provides labor as a marijuana establishment agent at the marijuana
				establishment:
(a) Cleans his or her hands
				and exposed portions of his or her arms in a hand-washing sink:
(1) Immediately upon entrance to the
				marijuana establishment;
(2)
				Immediately before working with marijuana plants;
(3) Immediately before preparing concentrated
				marijuana or marijuana products, including, without limitation, working with
				exposed marijuana products, clean equipment and utensils or unwrapped
				single-service and single-use articles;
(4) After touching any bare human body parts
				other than his or her clean hands and exposed portions of arms, including,
				without limitation, surrogate prosthetic devices for hands and arms;
(5) After using the toilet
				facilities;
(6) After coughing,
				sneezing, using a handkerchief or disposable tissue, using tobacco, eating or
				drinking;
(7) After handling soiled
				equipment or utensils;
(8) During
				preparation or extraction of concentrated marijuana or marijuana products, as
				often as necessary to remove soil and contamination and to prevent
				cross-contamination when changing tasks;
(9) When switching between working with
				unprocessed marijuana products or uncooked food products and working with
				finished concentrated marijuana or marijuana products;
(10) Before donning gloves for working with
				marijuana products; and
(11) After
				engaging in other activities that contaminate the hands.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 113 - NEW

Current through June 11, 2024
1. A building used as a marijuana
				establishment or by a dual licensee must have:
(a) At least one toilet facility which must
				contain:
(1) A flushable toilet;
(2) Mounted toilet tissue;
(3) A hand sink with running water which is
				capable of delivering hot water at a minimum temperature of 100°F (37.8
				°C);
(4) Soap contained in a
				dispenser;
(5) Disposable,
				single-use paper towels in a mounted dispenser; and
(6) A conveniently located trash
				can.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 114 - NEW

Current through June 11, 2024
1. A marijuana establishment that prepares or
				sells edible marijuana products must:
(a)
				Before preparing an edible marijuana product, obtain written authorization from
				the Department to prepare edible marijuana products;
(b) If the marijuana establishment prepares
				edible marijuana products, ensure that the edible marijuana products are
				prepared according to the applicable requirements set forth in this chapter and
				chapter 453D of NRS and the operating procedures included in its application
				pursuant to section 77 or 78 of this regulation;
(c) If the edible marijuana products are not
				prepared at the marijuana establishment, obtain and maintain at the marijuana
				establishment a copy of the current written authorization to prepare edible
				marijuana products from the marijuana establishment that prepares the edible
				marijuana products;
(d) If the
				marijuana establishment is a marijuana product manufacturing facility, package
				all edible marijuana products produced by the marijuana establishment on the
				premises of the marijuana establishment; and
(e) If the marijuana establishment sells
				edible marijuana products, ensure that the edible marijuana products are sold
				according to the applicable requirements set forth in this chapter and chapter
				453D of NRS.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 115 - NEW

Current through June 11, 2024
A marijuana establishment is responsible to the State or a
				  locality for all costs incurred by the State or locality in cleaning up,
				  mitigating or remedying any environmental damage caused by the marijuana
				  establishment.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 116 - NEW

Current through June 11, 2024
A marijuana establishment may not treat or otherwise
				  adulterate usable marijuana with any organic or nonorganic chemical or other
				  compound whatsoever to alter the color, appearance, weight or smell of the
				  usable marijuana.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 117 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
				section, a marijuana establishment shall operate according to the plans and
				specifications included within the application for a license for the marijuana
				establishment submitted pursuant to section 77 or 78 of this
				regulation.
2. A marijuana
				establishment may operate in a manner that deviates from the plans or
				specifications included within its application for a license if the change
				would comply with state and local laws, regulations and ordinances and the
				marijuana establishment provides the Department with a written notification of
				its intent to make the change which includes, without limitation:
(a) The name, physical address and license
				number of the marijuana establishment; and
(b) A description of the proposed
				change.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 118 - NEW

Current through June 11, 2024
1. A marijuana establishment may move to a
				new location under the jurisdiction of the same locality as its original
				location and regardless of the distance from its original location if the
				operation of the marijuana establishment at the new location has been approved
				by the locality. A locality may approve a new location pursuant to this
				subsection only in a public hearing for which written notice is given at least
				7 working days before the hearing.
2. Except as otherwise provided in subsection
				1, a marijuana establishment that wishes to move to a new location or commence
				operations at a location other than the location contained in the application
				of the marijuana establishment must submit a written request for relocation to
				the Department. The written request for relocation must include, without
				limitation:
(a) The name, current physical
				address, proposed new physical address and license or application number of the
				marijuana establishment;
(b)
				Documentation of a public meeting in which the locality of the proposed new
				location considered the relocation request;
(c) Documentation of land use approval for
				the new location by the locality;
(d) A professional survey demonstrating that
				the proposed location meets the distance requirements set forth in paragraph
				(c) of subsection 5 of
				NRS
				453D.210; and
(e) A signed, written attestation that the
				operation of the marijuana establishment at the new address will meet or exceed
				the merits of the location specified in the application submitted by the
				marijuana establishment.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 119 - NEW

Current through June 11, 2024
1. A violation of any of the provisions of
				this chapter is grounds for disciplinary action by the Department, including,
				without limitation, immediate revocation of a license for a marijuana
				establishment pursuant to
				NRS
				453D.200.
2. A violation of any of the provisions of
				this chapter is grounds for disciplinary action by the Department, including,
				without limitation, immediate revocation of a marijuana establishment agent
				registration card.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 120 - NEW

Current through June 11, 2024
1. The Department may:
(a) Subject to the provisions of subsection
				4, impose a civil penalty of not more than $35,000 on any person who fails to
				comply with or violates any provision of this chapter or
				NRS
				453D.300;
(b) Except as otherwise provided in paragraph
				(c), revoke or suspend for not less than 3 days and not more than 30 days the
				license of any marijuana establishment or the marijuana establishment agent
				registration card of any person who fails to comply with or violates the
				provisions of this chapter or chapter 453D of NRS; and
(c) If corrective action approved by the
				Department will cure the noncompliance or violation but will not be completed
				within 30 days after issuance of the order, suspend for more than 30 days the
				license of a marijuana establishment or the marijuana establishment agent
				registration card of a person who fails to comply with or violates the
				provisions of this chapter or chapter 453D of NRS.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 121 - NEW

Current through June 11, 2024
Each marijuana cultivation facility, marijuana product
				  manufacturing facility and retail marijuana store shall submit the report
				  required pursuant to section 65.95 of Assembly Bill No. 422, chapter 540,
				  Statutes of Nevada 2017, at page 3723, to the Department on or before the 15th
				  day of each January, April, July and October containing information concerning
				  the 3 months immediately preceding the date of the report. Each marijuana
				  cultivation facility, marijuana product manufacturing facility and retail
				  marijuana store shall submit such a report regardless of whether any purchases
				  or sales have occurred.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 122 - NEW

Current through June 11, 2024
The Department will make appropriate investigations:
1. To determine whether there has been any
				violation of this chapter or chapter 453D of NRS.
2. To determine any facts, conditions,
				practices or matters which it may deem necessary or proper to aid in the
				enforcement of any such law or regulation.
3. To aid in adopting regulations.
4. To secure information as a basis for
				recommending legislation relating to chapter 453D of NRS.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 123 - NEW

Current through June 11, 2024
1. Pursuant to subsection 3 of
				NRS
				233B.127, 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.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 124 - NEW

Current through June 11, 2024
1. The Department will notify a person on
				whom disciplinary action or a civil penalty is imposed pursuant to section 120
				of this regulation. The notice must contain the following information:
(a) The date of the violation or, if the date
				of the violation is unknown, the date that the violation was
				identified;
(b) The address or
				description of the location where the violation occurred;
(c) The section of this chapter or chapter
				453D of NRS that was violated and a description of the violation;
(d) The amount of the civil penalty or a
				description of the action taken for the violation;
(e) A description of the payment process,
				including a description of the time within which and the place to which any
				civil penalty must be paid;
(f) An
				order prohibiting the continuation or repeated occurrence of the violation
				described in the notice;
(g) A
				description of the appeals process, including, without limitation, the time
				within which the disciplinary action or civil penalty may be contested and the
				place to which an appeal must be made; and
(h) The name and signature of the enforcement
				officer who issued the citation for the violation.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 125 - NEW

Current through June 11, 2024
1. The hearing officer shall send a notice to
				set a hearing to the last known mailing address of a person who requests a
				hearing.
2. The hearing officer
				shall conduct an administrative hearing pursuant to section 123 or 124 within
				15 days after receiving a request for a hearing. The hearing officer may
				continue such a hearing for good cause shown.
3. Notice of an administrative hearing
				conducted pursuant to this section must be served by mail at least 10 days
				before the date of the hearing to any person who requests a hearing.
4. Notice of a hearing served pursuant to
				subsection 3 must specify:
(a) The purpose of
				the hearing; and
(b) The date, time
				and location of the hearing.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 126 - NEW

Current through June 11, 2024
1. 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 in this State; or
(b) An attorney licensed to practice law in
				another 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.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 127 - NEW

Current through June 11, 2024
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.
2. The
				Department may amend the notice or order of summary suspension at any time
				before the hearing. If the Department amends the notice or order of summary
				suspension before the hearing, the Department will:
(a) File the amended notice or order of
				summary suspension with the hearing officer; and
(b) Serve the person with the amended notice
				or order of summary suspension.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 128 - NEW

Current through June 11, 2024
1. At any time after being served with a
				notice or order of summary suspension, the person may file with the hearing
				officer a written discovery request for a copy of all documents and other
				evidence intended to be presented by the Department in support of the case and
				a list of proposed witnesses.
2.
				The investigative file for a case is not discoverable unless the Department
				intends to present materials from the investigative file as evidence in support
				of the case. The investigative file for the case includes all communications,
				records, affidavits or reports acquired or created as part of the investigation
				of the case, whether or not acquired through a subpoena related to the
				investigation of the person.
3. A
				party may not serve any interrogatories on another party or take any
				depositions relating to the case.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 129 - NEW

Current through June 11, 2024
A party to a hearing shall not communicate either directly or
				  indirectly with the hearing officer about any issue of fact or law related to
				  the case unless the communication:
1.
				Is part of a pleading, motion or other document that is properly filed and
				served on all parties; or
2. Occurs
				while all parties are present or occurs during a meeting or hearing for which
				all parties have been given proper notice, whether or not all parties are
				present at that meeting or hearing.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 130 - NEW

Current through June 11, 2024
1. 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.
2. The action taken at a
				prehearing conference and the agreements, admissions or stipulations made by
				the parties concerned must be made a part of the record and must be approved by
				the parties. When approved, such an action will control the course of
				subsequent proceedings, unless otherwise stipulated to by all the parties of
				record with the consent of the hearing officer.
3. In any proceeding the hearing officer may,
				in his or her discretion, call all of the parties together for a conference
				before the taking of testimony. The hearing officer shall state on the record
				the results of the conference.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 131 - NEW

Current through June 11, 2024
The hearing officer may, in his or her discretion, either
				  before or during a hearing, grant continuances or recesses.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 132 - NEW

Current through June 11, 2024
At the time and place set for the hearing, if a party fails
				  to appear, the hearing officer may, in his or her discretion, dismiss the
				  proceeding with or without prejudice or may recess the hearing for a period of
				  time to be set by the hearing officer to enable the party to attend. If the
				  hearing officer finds that all parties received proper notice, the hearing
				  officer may accept testimony and exhibits from the parties who appear and,
				  thereafter, issue a decision.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 133 - NEW

Current through June 11, 2024
1. The Department has the burden of proof,
				and the standard of proof is a preponderance of the evidence as defined in
				NRS
				233B.0375.
2. Evidence may be received in any manner
				ordered by the hearing officer, but will ordinarily be received from the
				parties in the order described in section 138 of this regulation.
3. If requested by any party, the hearing or
				any portion of the hearing must be transcribed. The party making the request
				shall pay all costs for the transcription.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 134 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, the Department may issue a subpoena requiring the production of
				books and papers or the attendance of a witness from any place in the State to
				the place designated for a hearing for the purpose of taking testimony before
				the hearing officer. Such a subpoena must not compel the production of books or
				papers that contain individually identifiable health information.
2. A party desiring the Department to issue a
				subpoena must submit an application in writing to the hearing officer stating
				the reasons why a subpoena is requested.
3. The hearing officer may require that a
				subpoena requested by a party for the production of books, waybills, papers,
				accounts or other documents be issued only after the submission of an
				application in writing, which specifies as clearly as may be, the books,
				waybills, papers, accounts or other documents desired.
4. The hearing officer, upon receipt of an
				application for a subpoena, shall:
(a) Grant
				the application and issue the subpoena;
(b) Deny the application; or
(c) Schedule a hearing to decide whether to
				grant or deny the application.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 135 - NEW

Current through June 11, 2024
1. 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.
2. Hearsay evidence, as that term is used in
				civil actions, may be admitted for 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.
3. The rules of privilege will be applied as
				they are applied in civil actions.
4. Irrelevant, cumulative and unduly
				repetitious evidence is not admissible, nor is incompetent evidence, as that
				term is used in civil trials, with the exception of hearsay evidence as above
				provided.
5. The parties or their
				counsel may, by written stipulation, agree that certain specified evidence may
				be admitted, even though the evidence would otherwise be subject to
				objection.
6. The hearing officer
				or any party to any proceeding may cause the depositions of witnesses to be
				taken in the manner prescribed by law and the rules of the court for
				depositions in civil actions.
7.
				The affidavit of any person may be admitted in evidence if all the parties
				stipulate and consent to its admission.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 136 - NEW

Current through June 11, 2024
The hearing officer may take official notice of the following
				  matters:
1. Rules, regulations,
				official reports, decisions and orders of the Department and any regulatory
				agency of the State.
2. Contents of
				decisions, orders, certificates and permits issued by the Department.
3. Matters of common knowledge and technical
				or scientific facts of established character.
4. Official documents, if pertinent, when
				properly introduced into the record of formal proceedings by reference if
				proper and definite reference to the document is made by the party offering it
				and it is published and generally circulated so that all of the parties of
				interest at the hearing have an opportunity to examine it and present rebuttal
				evidence.
5. Matters which may be
				judicially noticed by the courts of the State.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 137 - NEW

Current through June 11, 2024
1. In any hearing, the hearing officer may
				order briefs filed within such time as he or she allows.
2. Briefs must be filed with the hearing
				officer and be accompanied by an acknowledgment of or an affidavit showing
				service on all other parties of record.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 139 - NEW

Current through June 11, 2024
1. After the hearing of a contested case, the
				hearing officer shall prepare findings of fact, conclusions of law and his or
				her final decision on the issues presented in the hearing.
2. The hearing officer shall serve a copy of
				his or her findings of fact, conclusions of law and decision upon all the
				parties of record within 60 days after the date of the hearing.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 140 - NEW

Current through June 11, 2024
1. After the close of the hearing, a party
				may file only the following motions:
(a) A
				motion requesting a rehearing.
(b)
				A motion requesting reconsideration of the findings of fact, conclusions of law
				and final decision of the hearing officer.
(c) With leave of the hearing officer, any
				other motion requesting appropriate action or relief after the close of the
				hearing.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 141 - NEW

Current through June 11, 2024
1. The Department, 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 Nevada Tax Commission.
2. Within 30 days after filing a notice of
				appeal, the appellant shall file with the Nevada Tax Commission a:
(a) Brief setting forth the points relied
				upon in the appeal and authorities in support thereof; and
(b) Designation of the parts of the record
				before the hearing officer that the appellant deems relevant to the
				appeal.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 142 - NEW

Current through June 11, 2024
1. Except as otherwise provided in the Nevada
				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 Nevada
				Tax Commission.
2. Except as
				otherwise provided in this section, a party may seek judicial review of a final
				decision of the Nevada Tax Commission in accordance with the provisions of
				chapter 233B of NRS that apply to a contested case.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 143 - NEW

Current through June 11, 2024
1. If a person applies for reinstatement of a
				license or marijuana establishment agent registration card that has been
				revoked pursuant to this chapter, the person shall:
(a) Submit an application on a form supplied
				by the Department.
(b) Satisfy all
				the current requirements for the issuance of an initial license or marijuana
				establishment agent registration card.
(c) Attest that, in this State or any other
				jurisdiction:
(1) The person has not, during
				the period of revocation, violated any state or federal law relating to
				marijuana, and no criminal or civil action involving such a violation is
				pending against the person; and
(2)
				No other regulatory body has, during the period of revocation, taken
				disciplinary action against the person, and no such disciplinary action is
				pending against the person.
(d) Satisfy any additional requirements for
				reinstatement of the license or marijuana establishment agent registration card
				prescribed by the Department.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 144 - NEW

Current through June 11, 2024
Each retail marijuana store shall:
1. Ensure that the retail marijuana store is
				operating and available to sell marijuana or marijuana products to consumers
				during, and only during, the designated hours of operation of the retail
				marijuana store as provided to the Department in the application for a license
				submitted by the retail marijuana store and the hours authorized by the
				locality in which the retail marijuana store is located; and
2. Post, in a place that can be viewed by
				persons entering the retail marijuana store, the hours of operation during
				which the retail marijuana store will sell marijuana or marijuana products to
				consumers.
Added to
				  NAC by Div. of Pub. & Behavioral Health by
				  R092-17AP,
				  eff. 2/27/2018
NRS
				  453D.200
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 145 - NEW

Current through June 11, 2024
Before a marijuana establishment agent sells marijuana or
				  marijuana products to a consumer, the marijuana establishment agent
				  shall:
1. Verify the age of the
				consumer by checking a government-issued identification card containing a
				photograph of the consumer using an identification scanner approved by the
				Department to determine the validity of any government-issued identification
				card;
2. Offer any appropriate
				consumer education or support materials; and
3. Enter the following information into the
				inventory control system:
(a) The amount of
				marijuana or marijuana product sold;
(b) The date and time at which the marijuana
				or marijuana product was sold;
(c)
				The number of the marijuana establishment agent registration card of the
				marijuana establishment agent; and
(d) The number of the license of the
				marijuana establishment.
Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 146 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, a retail marijuana store shall refuse to sell marijuana or
				marijuana products to any person unless the person produces a form of valid
				identification showing that the person is 21 years of age or older. A dual
				licensee may sell marijuana or marijuana products to a person who is less than
				21 years of age if the sale complies with the provisions of chapter 453A of NRS
				or 453A of NAC.
2. Identification
				presented to satisfy subsection 1 must contain a photograph and the date of
				birth of the person.
3.
				Identification presented to satisfy subsection 1 must be a valid and unexpired:
(a) Driver's license or instruction permit
				issued by this State or any other state or territory of the United
				States;
(b) Identification card
				issued by this State or any other state or territory of the United States for
				the purpose of proof of age of the holder of the card;
(c) United States military identification
				card;
(d) A Merchant Mariner
				Credential or other similar document issued by the United States Coast
				Guard;
(e) A passport issued by the
				United States Government or a permanent resident card issued by the United
				States Citizenship and Immigration Services of the Department of Homeland
				Security; or
(f) A tribal
				identification card issued by a tribal government, as defined in
				NRS
				239C.105, which requires proof of the age of
				the holder of the card for issuance.