1. Not later than 30 days after the Board denies an application for the issuance or renewal of a license or registration or issues an order imposing disciplinary action against a licensee or registrant, the applicant, licensee or registrant aggrieved by the order may submit an appeal to the Commission on Behavioral Health. The Commission shall notify the Board not later than 10 days after receiving such an appeal.
2. The Commission shall, upon an appeal submitted pursuant to subsection 1, investigate the refusal of the Board to issue or renew a license or registration or any disciplinary action imposed by the Board. The action of the Board remains in effect until the Commission renders a decision pursuant to subsection 3.
3. After conducting an investigation pursuant to subsection 2, the Commission shall render a decision on the appeal. In rendering a decision, the Commission shall presume that the action of the Board was proper and shall not substitute its judgment for that of the Board concerning the weight of evidence on a question of fact. The Commission may order the Board to issue or renew the license or registration or modify or set aside the disciplinary action, as applicable, only if the Commission finds that the action of the Board:
(a) Violates constitutional or statutory provisions;
(b) Exceeds the statutory authority of the agency;
(c) Was made upon unlawful procedure;
(d) Is affected by other error of law;
(e) Is clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Is arbitrary or capricious or characterized by abuse of discretion.
4. An investigation conducted by the Commission pursuant to the provisions of this section is limited to the application for the issuance or renewal of a license or registration and any information submitted in conjunction with the application or the record of the disciplinary proceeding created by the Board, as applicable. The Board shall provide those records to the Commission upon request. Unless the information is deemed a public record under the provisions of NRS 641.090 or 641.240 or other applicable law, the Commission shall keep the information confidential.
(Added to NRS by 2017, 2236; A 2019, 1003)
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