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ORIGINAL ROOFING CO v. CHIEF ADMIN OFFICER

No. 74048.

442 P.3d 146 (2019)

135 Nev. Adv. Opn. 18

The ORIGINAL ROOFING COMPANY, LLC, Appellant, v. CHIEF ADMINISTRATIVE OFFICER OF the OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, Division of Industrial Relations of the Department of Business and Industry, State of Nevada, Respondent.

Supreme Court of Nevada.

FILED June 6, 2019.

Attorney(s) appearing for the Case

Marquis Aurbach Coffing and Thomas W. Stewart , Micah S. Echols , and Adele V. Karoum , Las Vegas, for Appellant.

State of Nevada Department of Business and Industry, Division of Industrial Relations, and Salli Ortiz , Carson City, for Respondent.

BEFORE HARDESTY, STIGLICH and SILVER, JJ.

OPINION

When an employer challenges a citation issued for a workplace safety violation, Nevada's Occupational Safety and Health Administration bears the burden of establishing, as part of its prima facie case, all of the essential elements of the charged violation, including that the employer had actual...

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