NAC634A.370. Complaints; notification of respondents; use of evidence obtained after notification.  


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  •      1. Upon the initiative of any interested person, or upon the initiative of any member of the Board, a complaint may be made alleging one or more causes of action based on chapter 634A of NRS.

         2. Two or more complainants may join in one complaint if their respective causes of action are against the same person and deal with substantially the same violation of a law, regulation or order of the Board.

         3. Every complaint must be in writing and must be filed with the Executive Director of the Board.

         4. Complaints will be set for hearing at the earliest convenience of the Board, unless notice of satisfaction of the complaint, by answer or otherwise, is received by the Board.

         5. At least 30 days before the date set for the hearing, the Board will notify the respondent of the date, time and place of the hearing and, together with the notice, provide the respondent with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the Board relevant to the complaint. Evidence obtained after the date on which the notice and copies of relevant material were provided to the respondent pursuant to this subsection may not be presented to the Board unless it is shown that the evidence was not available upon diligent investigation before that date and that the evidence was given or communicated to the respondent immediately after it was obtained.

     [Bd. of Oriental Med., Rule 5.7, eff. 7-26-77]—(NAC A by R071-02, 11-25-2002)