NAC590.657. Procedure following investigation of informal complaint; notice of hearing and formal complaint; answer.

     1. When the investigation of an informal complaint is complete, the staff and, if applicable, the investigator for the Board shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff and investigator determine that no such allegation set forth in the complaint can be sustained, the staff shall notify, in writing, the complainant and licensee of that determination.

     2. If the staff and investigator determine that a violation of a statute or regulation as alleged in the complaint can be sustained, the legal counsel for the Board shall:

     (a) Offer to the complainant and licensee mediation, a settlement agreement, a stipulation of facts and liability, or an informal hearing; or

     (b) Prepare a notice of hearing and a formal complaint.

     3. If any mediation, settlement agreement, stipulation of facts and liability, or informal hearing offered by the legal counsel for the Board pursuant to paragraph (a) of subsection 2 fails to resolve the matter, the legal counsel for the Board shall prepare a notice of hearing and a formal complaint pursuant to paragraph (b) of subsection 2.

     4. In addition to the requirements set forth in NRS 233B.121, a notice of hearing and a formal complaint must be signed by the legal counsel for the Board and, if a member of the Board was active in the investigation, by that member.

     5. The staff shall send a notice of hearing and a formal complaint prepared pursuant to this section to the licensee named in the notice by certified mail.

     6. A licensee who receives a notice of hearing and a formal complaint shall file an answer to the notice of hearing and the formal complaint with the Board:

     (a) Not later than 15 days after the date on which the notice of hearing and the formal complaint are personally served on the licensee; or

     (b) If the notice of hearing and the formal complaint are not personally served on the licensee, not later than 15 days after the date on which the notice of hearing and the formal complaint are deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.

     7. An answer to a notice of hearing and a formal complaint must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.

     8. If a licensee fails to file an answer as required by this section, the licensee shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing held on the formal complaint.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)