NAC637B.191. Investigation of informal complaint: Authority of staff; production of records and other evidence.  


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  •      1. After the initial review of the informal complaint and the responses made thereto conducted pursuant to NAC 637B.185, the staff may:

         (a) Investigate the allegations and employ such people as they deem necessary to further the investigations;

         (b) Consult with experts in the appropriate fields, including, without limitation, the employment of such persons for the purposes of an investigation or a hearing;

         (c) Investigate new leads and allegations that may come to their knowledge in the course of the investigation;

         (d) Enlist the aid of a member of the Board or other qualified person in the conduct of the investigation; and

         (e) Take any other reasonable action necessary to further the investigation.

         2. During an investigation of an informal complaint, the staff, or investigator, if any, may demand that a respondent produce his or her records or other evidence for inspection or copying, with or without prior notice to the respondent and with or without a subpoena. Unless the requested records are made confidential pursuant to law, the respondent shall not refuse any such request for records.

         3. If the respondent initially refuses or fails to cooperate with a request for records in violation of this section, the Board may immediately suspend his or her license until the respondent complies with the request for records or other evidence.

         4. If the respondent continues to refuse or fail to cooperate with a request for records or other evidence in violation of this section after the Board has suspended his or her license pursuant to subsection 3, the Board may take such further disciplinary action against the respondent as the Board determines necessary.

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