NAC240A.080. Complaints about document preparation service: Methods; required information; procedure for notification by Secretary of State; investigation of alleged violation; action upon determination violation occurred.

     1. A person may make a complaint with the Secretary of State about a document preparation service by calling the toll-free telephone number established pursuant to NRS 240A.250 or submitting a form for that purpose which is made available on the Internet website of the Secretary of State. The form may be submitted in person, electronically or by mail.

     2. A complaint made pursuant to subsection 1 must include, to the extent practicable:

     (a) The name of the document preparation service;

     (b) The physical street address at which the document preparation service operates;

     (c) The number of the certificate of registration of the document preparation service;

     (d) The reason for the complaint and any statutory provision the document preparation service is alleged to have violated;

     (e) A copy of each document relevant to the complaint; and

     (f) Any other information deemed relevant by the person who makes the complaint.

     3. Not later than 15 business days after a complaint is made pursuant to this section, the Secretary of State will notify the document preparation service that a complaint has been made against the document preparation service. The notice must be sent by certified mail and shall be deemed to have been received by the document preparation service 3 days after the notice is mailed. The notice must include, without limitation:

     (a) A description of each allegation contained in the complaint;

     (b) Any statutory provision which the document preparation service is alleged to have violated;

     (c) An explanation of any disciplinary action that may be taken against the document preparation service if the complaint is verified;

     (d) Instructions on the manner in which the document preparation service may respond to the complaint; and

     (e) A statement that the document preparation service must respond to the complaint not later than 15 days after receiving the notice.

     4. A document preparation service against whom a complaint has been made must respond to the complaint not later than 15 days after receiving the notice described in subsection 3.

     5. After receiving the response submitted by the document preparation service or the expiration of the 15-day period for submitting a response pursuant to subsection 4, the Secretary of State will determine whether a violation has likely occurred and, if he or she determines that a violation has likely occurred, may conduct an investigation pursuant to NRS 240A.260. If the Secretary of State determines that a violation:

     (a) Has not occurred, he or she will notify the document preparation service and the person who submitted the complaint of this determination and the reasons for the determination.

     (b) Has likely occurred, he or she will notify the document preparation service and the person who submitted the complaint that:

          (1) An investigation may be conducted pursuant to NRS 240A.260; and

          (2) If, after such an investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may take any action authorized pursuant to subsection 2 of NRS 240A.260.

     (Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)