NAC656.420. Informal complaint: Filing; action by Board and its staff; response; failure of respondent to cooperate or respond.

     1. A person may file an informal complaint with the Board or the Board may, on its own initiative, cause an informal complaint to be filed concerning the acts of or services provided by a holder of a certificate.

     2. Each informal complaint must be filed with the Board on a form provided by the Board. A complainant shall include in his or her informal complaint information that is sufficiently detailed so as to enable the Board to investigate and verify each accusation set forth in the informal complaint.

     3. Upon receipt of an informal complaint, the staff of the Board shall examine the informal complaint to determine whether it:

     (a) Is within the jurisdiction of the Board;

     (b) Has been properly verified; and

     (c) Alleges sufficient facts to warrant further proceedings.

     4. If the staff of the Board determines that an informal complaint does not meet the requirements of subsection 3, the Board shall so inform the complainant by certified mail. If the staff of the Board determines that an informal complaint meets the requirements of subsection 3, the staff shall notify the respondent by certified mail. The notice must include:

     (a) A statement setting forth each violation of this chapter or chapter 656 of NRS alleged in the informal complaint;

     (b) A copy of the informal complaint; and

     (c) A request for a written response for review by the staff of the Board.

     5. The transmission of a notice pursuant to subsection 4 will be deemed to be a notice of intended action pursuant to subsection 3 of NRS 233B.127. Upon receipt of a copy of an informal complaint filed against him or her, the respondent shall submit to the Board a written response within 30 days after the service of the notice. The written response must:

     (a) Address each allegation set forth in the informal complaint; and

     (b) Be accompanied by all documentation that would be useful to the staff of the Board in its review.

     6. Failure by a respondent to cooperate with the Board or the staff of the Board during an investigation of an informal complaint filed against the respondent, including, without limitation, failure by the respondent to respond in a timely manner regarding the informal complaint, is a ground for disciplinary action.

     7. If a respondent fails to respond to an informal complaint pursuant to subsection 5, the respondent shall be deemed to have admitted each allegation set forth in the informal complaint. The Board may, based on such an admission, impose appropriate disciplinary action against the respondent.

     8. If a respondent responds to an informal complaint pursuant to subsection 5, and the respondent admits each allegation set forth in the informal complaint and agrees to the imposition of the proposed disciplinary action, the Board shall consider the matter settled and will take no further action regarding the informal complaint.

     (Added to NAC by Cert. Court Reporters’ Bd. by R101-03, 2-18-2004)