NAC623.925. Duties of advisory committee; use of recommendations by Board; obligations of respondent upon acceptance or rejection of recommendations.

     1. An advisory committee established to assist the Board in the review of a complaint shall:

     (a) Review the complaint and the written report submitted by an investigator pursuant to NAC 623.915 to determine whether probable cause exists that the respondent has violated a provision of this chapter or chapter 623 of NRS;

     (b) Hold an informal conference in accordance with the provisions of NAC 623.930; and

     (c) Work with the respondent to arrive at a resolution of the complaint.

     2. Within 30 days after the informal conference, the chair of the advisory committee shall submit to the Board a report which summarizes the informal conference and the recommendations of the advisory committee concerning the disposition of the complaint.

     3. The findings and recommendations of the advisory committee must be supported by substantial evidence.

     4. The Board is not bound by the recommendations of an advisory committee concerning the disposition of a complaint.

     5. If the respondent accepts the recommendations of the advisory committee, he or she shall, within 30 days after receipt of the recommendations from the Executive Director or a person otherwise authorized by the Board, execute a proposed settlement agreement with the Board concerning a resolution of the complaint. Such an agreement is not effective until the agreement has been signed by the respondent and approved by the Board.

     6. If the respondent rejects the recommendations of the advisory committee, or fails to notify the Board that he or she accepts the recommendations within 30 days after receipt of the recommendations, the Board will take further action on the complaint that it considers necessary.

     (Added to NAC by Bd. of Architecture, Interior Design & Residential Design, eff. 5-20-96; A by R120-01, 3-4-2002)