NAC637A.535. Final order or decision of Board.

     1. After a hearing on the merits in a disciplinary proceeding, if the Board finds that the respondent is:

     (a) Not guilty as charged in the formal complaint, the Board will issue a final order or decision dismissing the charges and notify the respondent that the charges have been dismissed.

     (b) Guilty as charged in the formal complaint, the Board will:

          (1) Before agreeing on a punishment, consider all relevant factors, including, without limitation:

               (I) The danger to the health or safety of the public from the violation;

               (II) The economic benefit received by the respondent from the violation;

               (III) Any mitigation or aggravation by the respondent of the effects of the violation;

               (IV) The extent to which the respondent demonstrates his or her good faith;

               (V) Any previous history of violations by the respondent;

               (VI) Whether the respondent knew or, as a competent person, should have known that the action complained of was a violation of law, regulation or a condition of his or her license;

               (VII) Whether the respondent has initiated remedial measures to prevent similar violations;

               (VIII) The magnitude of penalties imposed on other licensees for similar violations;

               (IX) The proportionality of the penalty in relation to the misconduct; and

               (X) If the respondent offered evidence of mitigating factors, all such evidence;

          (2) Agree upon punishment that may, in addition to any other sanction authorized pursuant to this chapter or chapter 637A of NRS:

               (I) Fulfill certain training or educational requirements; and

               (II) In accordance with NRS 622.400, pay costs incurred by the Board relating to the disciplinary proceedings; and

          (3) Issue and serve the final order or decision of the Board on the respondent.

     2. A final order or decision by the Board that is adverse to the respondent must:

     (a) Be in writing;

     (b) Except as otherwise provided in subsection 5 of NRS 233B.121, include findings of fact and conclusions of law; and

     (c) Specifically set forth the punishment imposed on the respondent.

     3. A final order or decision of the Board in a disciplinary proceeding is effective on the earliest of:

     (a) The date on which the final order or decision is personally served on the respondent;

     (b) The date on which the final order or decision is posted at the premises of the respondent; or

     (c) The third day after the date on which the final order or decision is deposited in the United States mail as certified mail addressed to the address of record of the respondent.

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