NAC293.550. Proceedings for alternative dispute resolution.

     1. If the Secretary of State or a designee thereof does not render a final determination on a complaint filed pursuant to NAC 293.515 within 90 days after the complaint is filed, or within any extension period to which the complainant has consented, the Secretary of State will, on or before the fifth business day after the final determination was due to be issued, initiate proceedings for alternative dispute resolution by:

     (a) Retaining an independent, professionally qualified person to act as an arbitrator, if the complainant consents in writing to his or her appointment as the arbitrator at the time of the appointment; or

     (b) Designating in writing to the complainant the name of an arbitrator to serve on an arbitration panel to resolve the complaint. If proceedings for alternative dispute resolution are initiated pursuant to this paragraph, not later than 3 business days after the complainant receives such a designation from the Secretary of State, the complainant shall designate in writing to the Secretary of State the name of a second arbitrator. Not later than 3 business days after such a designation by the complainant, the two arbitrators so designated shall select a third arbitrator to complete the panel.

     2. The arbitrator or arbitration panel may review the record compiled in connection with the complaint, including, without limitation, the audio recording of the hearing, any transcript of the hearing and any briefs or memoranda submitted by the parties but shall not receive any additional testimony or evidence unless the arbitrator or arbitration panel requests that the parties present additional briefs or memoranda.

     3. The arbitrator, or arbitration panel by a majority vote, shall determine the appropriate resolution of the complaint.

     4. The arbitrator or arbitration panel shall issue a written resolution of the complaint not later than 60 days after the final determination of the Secretary of State was due pursuant to NAC 293.545. This period for issuing a written resolution will not be extended.

     5. The final resolution of the arbitrator or arbitration panel will be:

     (a) Mailed to the complainant, each respondent and any other person who requested in writing to be advised of the final resolution;

     (b) Posted on the website of the Secretary of State; and

     (c) Made available by the Secretary of State, upon request, to any interested person.

     (Added to NAC by Sec’y of State by R077-03, eff. 12-4-2003)