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Zachary
Zachary, Attorney
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Pertains to the State of Nevada Clark County... In Clark

Resolved Question:

Pertains to the State of Nevada Clark County...

In Clark County, NV all persons employed in a specific field must complete safety training before they begin their employment. This is required by state law and county code. The county agency responsible for this training contracts with a vocational school to provide the training. My company also owns several schools and we have asked the county agency repeatedly if they would approve our safety course so my company can also provide this mandatory employment training. At first the county agency was interested, but then dragged their feet. Now they flat out say "no". There is no protocol established in state law, admin code, or county code regarding this mandatory training. The state law and county code say that the training must be done - that's it. The decision on the training was made by the director of the county agency. He has decided that this one vocational school will have a monopoly on safety training. Their customer service sucks and their price is high (as you would expect when a monopoly exists). Is there any legal theory and avenue my company can take to 'force' the county agency to review/approve our safety class or does the county agency director have a legal right to only permit one commercial entitity to do the mandatory training?
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Can you please point out under what statute the training is authorized so I can take a look at it?

Thanks,
ZDN
Customer: replied 1 year ago.

County agency is the Southern Nevada Health Disctrict. They are authorized to exist per NRS 439.


They adopt their own regs per NRS 446.940(2)


 


Their own regs they made are here


http://www.southernnevadahealthdistrict.org/download/eh/food-regs.pdf


 


Anyone defined as "food handler" needs to do an "approved food handlers training course". No protocol for having course approved/reviewed by SNHD. So far that's been a decision the SNHD director has made himself. We have a course but SNHD flat our refuses to review or approve it. They approved it for one school and that's it.


 


Sec 2-103.11 does permit a nationally accredit course to work but that takes 2 years and $500,000. Not an option!

Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your response.

Unfortunately, in this situation, I do not have good news for you. The regulation places the decision completely with the discretion of the director. Thus, the fact that the director has refused to approve your training course is something that you cannot force unless there is an illegal abuse of discretion.

An illegal abuse of discretion will be extremely hard to prove in your case.

The first thing you should do is make a Nevada Open Records Act request for all documents regarding the directors refusal to approve and your application for approval. These records might shed some light on what is going on.

At that point, if there is something that smacks of illegality (such as the director is getting a kick back or some sort of cronyism is involved), then you would file a suit against the director and the department.

Please let me know if you would like to discuss this matter further.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3920
Experience: Lead trial/International commercial attorney licensed 11 yrs
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