NAC634.650. Pleadings: Answer to notice of charges; motions.  


Latest version.
  •      1. An answer to a notice of charges as described in NRS 634.170 must be filed with the Board and service thereof made on parties of record within 15 days after service of the notice of charges, unless the Board, for good cause shown, extends the time. Any matter which is alleged as an affirmative defense must be separately stated and numbered.

         2. A party who fails to answer the notice of charges within 15 days shall be deemed to have admitted the allegations set forth in the notice of charges. Based on those admissions, the Board may impose discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the complaint. The Board may proceed with the matter based solely upon the issues set forth in the notice of charges unless the matter is continued by the Board.

         3. Any motion upon a notice of charges must be filed before the answer is due. If it is not so filed, the objection must be raised in the answer.

         4. If a motion is directed toward an answer, it must be filed within 5 days of service after the answer.

         5. All other motions must be timely filed.

     [Bd. of Chiropractic Exam’rs, Rule of Practice No. 6, §§ 6.4 and 6.5, eff. 12-8-74]—(NAC A 11-23-93; A by Chiropractic Physicians’ Bd. by R095-03, 10-22-2003)