NAC624.755. Procedure for processing: Notice to accused contractor; investigation; hearing.

     1. Upon receiving a complaint seeking recovery, the staff of the Board shall:

     (a) Send a copy of the complaint seeking recovery, by certified mail, to the address of record of the accused residential contractor named in the complaint seeking recovery; and

     (b) Commence an investigation into the facts alleged in the complaint seeking recovery.

     2. When necessary, the Chair of the Board may appoint a committee to hear complaints seeking recovery filed with the Board or appoint a specific committee to hear a specific complaint seeking recovery. Such a committee will act as the designee of the Board.

     3. A hearing on a complaint seeking recovery before the Board or an appointed committee is informal, and the Board or appointed committee will consider all relevant testimony and evidence presented. The written report of the results of the investigation conducted by the staff must be made a part of the record of the hearing.

     4. A claimant or an accused residential contractor:

     (a) May appear before the Board or appointed committee to present evidence and arguments in support or defense of a claim.

     (b) Shall appear before the Board or appointed committee to present evidence and arguments in support or defense of a claim upon the request of any member of the Board or appointed committee.

     5. The Board may refuse to consider any documentary evidence or exhibit presented by a party at a hearing if the documentary evidence or exhibit was not provided to the staff of the Board at least 10 calendar days before the date of the hearing.

     6. If the Executive Officer of the Board or his or her designee determines that each complaint is complete as received, complaints seeking recovery will be investigated in the order in which the complaints are received.

     (Added to NAC by Contractors’ Bd. by R068-01, eff. 11-8-2001; A by R201-03, 1-22-2004)