NAC641.174. Answer to formal complaint; motions.  


Latest version.
  •      1. An answer to a formal complaint reported to the Board by the Attorney General must be filed with the Board and service thereof made on parties of record within 15 days after service of the complaint, unless the Board for good cause extends the time by which the answer must be filed. Any matter that is alleged as an affirmative defense must be separately stated and numbered.

         2. A respondent who fails to answer a complaint in a timely manner pursuant to subsection 1 shall be deemed to have denied the allegations set forth in the complaint generally and, unless otherwise allowed by the Board, is precluded from establishing any affirmative defense at the hearing. The Board will proceed with the matter based solely upon the issues set forth in the complaint unless the matter is continued by the Board.

         3. Any motion upon the complaint 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, the motion must be filed within 5 days after service of the answer.

         5. All other motions must be timely filed.

     (Added to NAC by Bd. of Psychological Exam’rs by R077-02, eff. 7-25-2002)