NAC637A.490. Answer: Filing; contents; failure to file.  


Latest version.
  •      1. A respondent who receives a notice of hearing and a formal complaint pursuant to NAC 637A.485 must file his or her answer to the notice of hearing and the formal complaint not later than 15 days after the date on which the notice of hearing and the formal complaint were served. Service shall be deemed to be complete when a true copy of the document, properly addressed and with postage paid, is deposited with the United States Postal Service.

         2. An answer to a notice of hearing and a formal complaint filed by a respondent must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.

         3. In addition to any other disciplinary action, if the respondent fails to file an answer as required pursuant to subsection 1, he or she shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the respondent in the same manner as if the allegations had been proven by substantial evidence at a hearing of the Board held on the formal complaint.

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