NAC467.924. Answer; appearance by respondent; failure to file answer or appear.  


Latest version.
  •      1. The respondent shall file an answer with the Commission not later than 20 days after the date the complaint is served on the respondent. In the answer, the respondent shall:

         (a) State in short and plain terms his or her defenses to each claim asserted;

         (b) Admit or deny the facts alleged in the complaint;

         (c) State which allegations he or she is without knowledge or information to form a belief as to their truth; and

         (d) Set forth any avoidance or affirmative defense that the respondent desires to assert.

         2. If a respondent answers allegations by stating that he or she is without knowledge or information to form a belief as to their truth, such allegations shall be deemed to be denied.

         3. Unless the Chair of the Commission has waived the requirement of personal attendance, a respondent shall personally attend a hearing on the merits.

         4. If a respondent fails to file an answer to the complaint or to appear personally at a hearing on the merits without having obtained a waiver of appearance pursuant to subsection 3, such failure shall be deemed to be:

         (a) An admission of all matters and facts contained in the complaint with respect to such respondent; and

         (b) A waiver of the right to an evidentiary hearing.

     (Added to NAC by Athletic Comm’n by R083-00, eff. 9-22-2000)