Section 656.440 - Action following investigation of informal complaint; notice of hearing and formal complaint; answer by respondent; exchange of lists of witnesses and evidence; joining of complaints1. When an investigation of an informal complaint is complete, the staff of the Board or any investigator employed by the staff shall determine whether a preponderance of evidence exists to sustain an alleged violation of a statute or regulation. If the staff or the investigator determines that no allegation of a violation of a statute or regulation is sustainable, the staff shall provide a written notice of that determination to the respondent and the complainant. If the staff or the investigator determines that an allegation of a violation of a statute or regulation is sustainable, the Board or the legal counsel for the Board:(a) May offer to: (1) Engage in mediation between the respondent and the staff of the Board;(2) Enter into a settlement agreement;(3) Stipulate to any fact or to the existence or extent of any liability; or(4) Conduct any informal hearing. If any such offer is made, the respondent must respond to the offer not more than 30 days after the date that the offer is made.
(b) Shall, if the actions set forth in paragraph (a) are not offered, or are offered but the actions do not resolve the informal complaint within 90 days after the offer is accepted by respondent, prepare a notice of hearing and a complaint.2. The notice of hearing and the complaint prepared pursuant to subsection 1 must: (a) Set forth a plain statement of the facts asserted and any applicable provision of the statute or regulation allegedly violated by the respondent;(b) Include the date, time and place for the hearing and the nature of the hearing;(c) Include a statement of the legal authority and jurisdiction under which the Board is holding the hearing; and(d) Be signed by the legal counsel for the Board.3. If a notice of hearing and a complaint are prepared pursuant to subsection 1, the staff of the Board shall, by certified mail, send the notice of hearing and the complaint to the named respondent. The transmission of the notice will be deemed to be a notice of intended action pursuant to NRS 233B.127.4. A respondent who receives a notice of hearing and a complaint pursuant to subsection 3 shall file an answer to the notice of hearing and the complaint not later than 20 days after the date of service of the notice of hearing and the complaint.5. The Board may consider two or more complaints in a single hearing if: (a) The causes of action set forth in each complaint are against the same respondent; and(b) The Board determines that good cause exists, including, without limitation: (1) That such a hearing provides for the: (I) Convenience of witnesses;(II) Orderly presentation of evidence; or(III) Conservation of resources; or(2) Any other reason that secures or is intended to secure the just, speedy or inexpensive resolution of the complaints.6. All parties to a hearing, their counsel and spectators shall conduct themselves in a respectful manner.Nev. Admin. Code § 656.440
Added to NAC by Cert. Court Reporters' Bd. by R101-03, 2-18-2004; A by R099-16A, eff. 6/21/2017; A by R112-17AP, eff. 2/27/2018; A by R104-19A, eff. 2/25/2021