NAC281A.403. Recommendation to initiate request upon motion of Commission.

     1. If the Executive Director receives evidence that leads the Executive Director reasonably to conclude that a public officer or public employee may have committed a violation of the Nevada Ethics in Government Law as set forth in chapter 281A of NRS, the Executive Director may recommend to the Commission that the Commission initiate a third-party request for an opinion upon its own motion pursuant to paragraph (c) of subsection 2 of NRS 281A.440.

     2. A recommendation from the Executive Director pursuant to subsection 1 must:

     (a) Be submitted on a form prescribed by the Commission;

     (b) Contain a written statement setting forth the information that supports the recommendation; and

     (c) Include any reliable and competent form of proof provided by witnesses, public and private records, audio or visual recordings, documents, exhibits, concrete objects and other such forms of proof that support the recommendation. Such forms of proof may include, without limitation, any evidence which is offered that corroborates a newspaper article or other media report but may not include a newspaper article or other media report if the article or report is offered as the only evidence to support the recommendation.

     3. The Executive Director shall not submit a recommendation to the Commission pursuant to subsection 1 based solely upon:

     (a) A statement other than a sworn statement; or

     (b) An allegation submitted to the Commission with the intent to avoid disclosure of the identity of the person making the allegation.

     4. Upon receiving a recommendation from the Executive Director pursuant to subsection 1, the Commission will:

     (a) Reject the recommendation without prejudice; or

     (b) Accept the recommendation and initiate a third-party request for an opinion upon its own motion pursuant to paragraph (c) of subsection 2 of NRS 281A.440.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008; A by R134-10, 10-26-2011)