NAC645.493. Review of matter investigated as result of complaint or upon request of Division: Duties of advisory committee and Administrator.

     1. An advisory committee which is established to assist the Administrator with the review of a matter that is the subject of an investigation conducted pursuant to NAC 645.680 shall:

     (a) Review the written report submitted by an investigator pursuant to NAC 645.680 and any other information that is relevant to the matter to determine whether there is probable cause to show that the licensee who is the subject of the investigation has violated a provision of chapter 113, 116, 119, 119A, 119B, 645, 645C or 645D of NRS or the regulations adopted pursuant to those chapters;

     (b) Hold an informal conference in accordance with NAC 645.497;

     (c) Work with the licensee who is the subject of the investigation to attempt to arrive at a recommendation for resolution of the matter; and

     (d) Submit a recommendation for resolution of the matter to the Administrator or recommend that the matter be submitted to the Commission.

     2. If the Administrator and the licensee who is the subject of the investigation accept the advisory committee’s recommendation for resolution of the matter, the Administrator shall enter into a written agreement with the licensee who is the subject of the investigation which must contain the terms of the resolution recommended by the advisory committee. If the agreement provides for disciplinary action that is authorized pursuant to NRS 645.630, the Administrator may impose the discipline on behalf of the Commission.

     3. If disciplinary action is taken pursuant to this section against a licensee who is the subject of an investigation, the Administrator shall file with the Commission a written summary of the facts and disciplinary actions taken against the licensee.

     4. If the Administrator or the licensee who is the subject of the investigation does not accept the advisory committee’s recommendation for resolution of the matter, the Administrator shall:

     (a) Schedule a hearing which must be conducted pursuant to NAC 645.810; or

     (b) Negotiate a resolution of the matter with the licensee who is the subject of the investigation, which may include, without limitation, assessing administrative sanctions pursuant to NAC 645.695. A resolution negotiated pursuant to this paragraph is contingent upon the approval of the Commission at a hearing in which the licensee who is the subject of the investigation is in attendance.

     (Added to NAC by Real Estate Comm’n by R146-99, eff. 1-21-2000; A by R111-01, 12-17-2001; R031-04, 11-30-2004)