NAC228.460. General requirements; amendment.

     1. The Committee will initially consider any claim of misconduct relating to a program as an informal complaint.

     2. Upon the initiative of the Committee or following the receipt of an informal complaint, a person designated by the Committee shall provide written notice of the informal complaint to the organization that operates the program and any staff member of the program identified in the informal complaint. The notice must include:

     (a) A summary of the allegations stated in the informal complaint; and

     (b) A statement that the organization may file a written response to the allegations in the informal complaint with the Committee within 30 days after receipt of the notice.

     3. If, after an investigation and a review of any information received by the Committee concerning the informal complaint, the person designated by the Committee determines that the informal complaint alleges sufficient facts to warrant further proceedings, that person shall:

     (a) Cause a formal complaint to be prepared for consideration by the Committee; and

     (b) Set the formal complaint for hearing.

     4. A formal complaint must contain a statement of facts alleging one or more grounds for action arising pursuant to NAC 228.140. Facts constituting grounds for action must be stated with such particularity as to enable the respondent to identify the actions in question.

     5. All applicable citations, statutes, regulations or orders of the Committee must be stated together with the dates on which the acts or omissions are alleged to have occurred.

     6. If more than one cause of action is alleged, each cause of action must be stated and numbered separately.

     7. A formal complaint may be amended at any time. The Committee will grant a continuance if the amendment materially alters the formal complaint or a respondent demonstrates an inability to prepare for the case in a timely manner.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)