NAC637B.185. Informal complaint: Response; failure to respond; review by staff.

     1. Upon the receipt of a copy or summary of an informal complaint that has been filed against him or her pursuant to NAC 637B.175, the respondent shall submit to the Board a written response to the informal complaint within 15 days after the date on which the informal complaint was served. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

     2. A response to an informal complaint must:

     (a) Respond to the allegations made in the informal complaint; and

     (b) Be accompanied by all documentation that would be useful to the staff in its review of the allegations made in the informal complaint and the responses made by the respondent to those allegations.

     3. In addition to any other disciplinary action, if the respondent fails to respond as required pursuant to subsection 1, he or she shall be deemed to have admitted the allegations in the informal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the respondent in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the complaint.

     4. In cases in which a response is filed as required pursuant to subsection 1, the staff shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or other qualified persons in the review and may take any other reasonable action necessary to further the review.

     (Added to NAC by Bd. of Exam’rs for Audiology & Speech Path. by R219-03, eff. 9-16-2004)