NAC637A.485. Action following completion of investigation; notice of hearing and formal complaint.

     1. When an investigation of an informal complaint conducted pursuant to NAC 637A.475 is complete, the staff, and investigator, if any, shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint.

     2. If the staff and investigator determine that no allegation of a violation of a statute or regulation set forth in the informal complaint can be sustained, the staff shall notify, in writing, the complainant and the respondent of this determination.

     3. If the staff and investigator determine that a violation of a statute or regulation as alleged in the informal complaint can be sustained, the legal counsel for the Board shall:

     (a) In compliance with NRS 622.330, offer mediation, settlement agreements, stipulations of facts and liability or informal hearings; or

     (b) Prepare a notice of hearing and a formal complaint.

     4. A notice of hearing and a formal complaint must:

     (a) Be a plain statement of the facts and applicable provisions of statutes and regulations regarding the alleged acts of the respondent alleged to be in violation of the statutes and regulations governing the practice of fitting and dispensing hearing aids;

     (b) Include the date, time and place that the Board will hear the matter, if this information is known at the time when the notice of hearing and a formal complaint are sent to the respondent; and

     (c) Be signed by the legal counsel for the Board and, if a member of the Board was active in the investigation, by that member of the Board.

     5. The staff shall send a notice of hearing and a formal complaint prepared pursuant to subsection 4 to the respondent by certified mail.

     (Added to NAC by Bd. of Hearing Aid Sp. by R061-03, eff. 1-16-2004)