NAC645H.535. Procedure for hearing.

     1. Upon the filing of a formal complaint by the Division, the Administrator shall set the matter for a hearing within 90 days before a hearing officer appointed by the Administrator from the staff of the Department of Business and Industry. The hearing officer must be a person who has not investigated or prosecuted the complaint.

     2. The time of the hearing may be continued by the Division or upon motion of the respondent with the approval of the Administrator or hearing officer.

     3. The Division will give the respondent at least 20 days’ notice in writing of the date, time and place of the hearing, which notice will contain a copy of the complaint, including, without limitation:

     (a) An exact statement of the charges; and

     (b) Copies of all reports, affidavits and depositions in possession of the Division which may be used in evidence against the respondent.

     4. Notice of the hearing may be served by personal delivery to the respondent or by certified mail to his or her last known business or home address.

     5. The respondent shall file an answer within 30 days after service of the notice. The answer must contain an admission or denial of each of the averments contained in the complaint and any defenses upon which the respondent will rely.

     6. The answer may be served by personal delivery to the Division at its office in Las Vegas or Carson City or by mail to the principal office of the Division.

     7. Before the hearing, the Division may request, and the respondent may produce upon request, documents and other materials that are under his or her control. The Division may take depositions and obtain materials by subpoena.

     8. All witnesses at the hearing must be sworn by the Administrator or hearing officer, and a tape recording of the proceedings must be made and included as a part of the record in the case.

     (Added to NAC by Real Estate Div. by R147-12, eff. 6-3-2013)