NAC644.470. Complaint filed by person other than Executive Director or investigator or member of Board.

The following provisions govern review of a complaint filed by a person who is not the Executive Director or one of the Board’s members or investigators:

     1. Upon the receipt of a complaint filed by a person other than the Executive Director or a member or investigator of the Board, the Executive Director shall review the document to determine whether the matter is proper for administrative review and whether the complaint has been properly verified.

     2. Thereafter, the Executive Director shall assign the complaint to a staff investigator for a report on the allegations of the complaint. The investigator shall investigate the complaint and report his findings to the Executive Director as quickly as feasible but not later than 90 days after receipt of the complaint.

     3. After receiving the investigator’s report, the Executive Director shall transmit the complaint and report to the President of the Board or to another member appointed to review complaints, to determine whether there are sufficient facts to warrant an administrative hearing.

     4. If the President or other member determines that there are sufficient facts to warrant an administrative hearing, he shall notify the Executive Director to set the matter for mediation or hearing.

     5. If the President or other member determines that there are not sufficient facts to warrant an administrative hearing, the facts alleged in the complaint must be submitted to the Board for the Board’s review at the next scheduled meeting to determine whether the Board wishes to conduct a hearing on the matter or whether the facts, if assumed to be true, do not constitute a ground for disciplinary action. If the assumed facts do not constitute a ground for disciplinary action, the complaint will be dismissed. If the Board determines that the assumed facts warrant administrative action, the Executive Director shall set the matter for mediation or hearing.

     [Bd. of Cosmetology, No. 5.7, eff. 12-3-80]—(NAC A by R099-97, 2-25-98; R029-02, 7-19-2002; R092-06, 9-18-2006)