NAC119.600. Revocation or suspension of license: Formal hearings.

If the Division desires to revoke or suspend the license, permit or registration of a developer, broker, salesperson or registered representative, it will hold a formal hearing after initiating a complaint and giving notice as follows:

     1. Upon a complaint being initiated by the Division, the Administrator will schedule the matter for a hearing within 30 days before a person who has not investigated or prosecuted the complaint.

     2. The time of the hearing may be continued by the Division or upon motion of the respondent with the approval of the Administrator or a designated hearing officer thereof.

     3. The Division will give the respondent at least 20 days’ prior notice in writing of the date, time and place of the hearing, which notice will contain a copy of the complaint, including an exact statement of the charges together with copies of all reports, affidavits and depositions in possession of the Division which may be used in evidence against the respondent.

     4. Notice of the hearing may be served by personal delivery to the respondent or by mail to his or her last known business or home address. If the respondent is a salesperson, the Division will also notify by mail the broker employing him or her.

     5. The respondent may file an answer within 20 days after service of the notice. The answer must contain an admission or denial of each of the averments contained in the complaint and any defenses upon which the respondent will rely.

     6. The answer may be served by personal delivery to the Division at its office in Las Vegas or Carson City or by mail to the principal office of the Division.

     7. Before the hearing, the Division may request, and the respondent may produce upon request, documents and other materials which are under his or her control. The Division may take depositions and obtain material by subpoena.

     8. All witnesses at the hearing will be sworn by the Administrator or the designated hearing officer and a tape recording of the proceedings will be made and included as a part of the record in the case.

     [Dep’t of Commerce, Real Estate Div., § 59, eff. 7-16-80]