NAC656.430. Informal complaint: Review and investigation; production and copying of records and other evidence.

     1. If a response is filed pursuant to subsection 5 of NAC 656.420 and the Board does not settle the matter or impose disciplinary action against the respondent, the staff of the Board shall review the informal complaint and the responses made thereto, may enlist the aid of a member of the Board or any other qualified person in conducting the review and may take any other reasonable action required to further the review. After reviewing the informal complaint and the responses thereto, the staff of the Board may:

     (a) Investigate each allegation set forth in the informal complaint and employ any person required by the staff to further the investigation;

     (b) Consult with a person who is an expert in an appropriate field, including, without limitation, employing such a person for the purpose of an investigation or hearing;

     (c) Investigate any new information discovered or allegation made during the course of the investigation;

     (d) Enlist the aid of a member of the Board or any other qualified person to conduct the investigation; and

     (e) Take any other reasonable action required to further the investigation.

     2. During an investigation of an informal complaint, the staff of the Board or any investigator employed by the staff may demand that the respondent produce his or her records or other evidence for inspection or copying, with or without notice to the respondent, and with or without a subpoena. A respondent shall not deny any such demand for records or other evidence if the record or evidence is not confidential as provided by law. If a respondent refuses or fails to cooperate with a request for records in violation of this section, the Board may immediately suspend the certificate of the respondent until he or she complies with the request. If the respondent continues to refuse or fail to comply with a request for records or other evidence in violation of this section, the Board may take such further disciplinary action against the respondent as the Board determines necessary.

     3. If the staff of the Board or any investigator employed by the staff determines that a record or other evidence is required for an investigation, the staff or investigator may copy the record or evidence. If the record or other evidence can be readily copied at the location of the record or evidence, the respondent shall copy the record or evidence and submit the copy to the staff or investigator at that location. If a record or other evidence cannot be readily copied at the location of the record or evidence, the respondent shall copy the record or evidence and submit the copy to the staff or investigator within 10 business days after the staff or investigator requests the record or evidence.

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