NAC281A.405. Duties of Executive Director; review of determination regarding jurisdiction.

     1. The Executive Director shall confer with the Commission Counsel to determine whether:

     (a) The Commission has jurisdiction concerning a third-party request for an opinion filed pursuant to paragraph (a) or (b) of subsection 2 of NRS 281A.440; and

     (b) The third-party request for an opinion was properly filed with the Commission in accordance with NAC 281A.400.

     2. If the Executive Director and Commission Counsel determine that the Commission has jurisdiction concerning the third-party request for an opinion and that the third-party request for an opinion was properly filed pursuant to NAC 281A.400, the Executive Director shall investigate and proceed in the matter pursuant to NRS 281A.440.

     3. The Executive Director shall notify the requester if the Executive Director and Commission Counsel determine that:

     (a) The Commission lacks jurisdiction concerning the third-party request for an opinion pursuant to subsection 1; or

     (b) The third-party request for an opinion was not properly filed with the Commission in accordance with NAC 281A.400.

     4. A person who receives a notice pursuant to paragraph (a) of subsection 3 may request a review of the determination regarding jurisdiction by an investigatory panel. Such a request must be submitted to the principal office of the Commission in writing not later than 10 days after the date on which the person received notification. The Chair will appoint an investigatory panel to conduct the review of the determination regarding jurisdiction.

     5. If an investigatory panel appointed pursuant to subsection 4 determines that the Commission has jurisdiction concerning a third-party request for an opinion filed pursuant to paragraph (a) or (b) of subsection 2 of NRS 281A.440, the Executive Director shall investigate and proceed in the matter pursuant to NRS 281A.440. Upon conclusion of the investigation, the Executive Director shall, to the extent possible, submit his or her recommendation regarding whether there is just and sufficient cause for the Commission to render an opinion to the same investigatory panel that determined that the Commission has jurisdiction concerning the third-party request for an opinion.

     (Added to NAC by Comm’n on Ethics by R111-03, eff. 10-30-2003; A by R186-05, 5-4-2006; R084-08, 9-18-2008; R134-10, 10-26-2011)—(Substituted in revision for NAC 281.1865)