NAC656.440. Action following investigation of informal complaint; notice of hearing and formal complaint; answer by respondent; exchange of lists of witnesses and evidence; joining of complaints.

     1. When an investigation of an informal complaint is complete, the staff of the Board and any investigator employed by the staff shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the informal complaint. If the staff and the investigator determine that no allegation of a violation of a statute or regulation set forth in the informal complaint is sustainable, the staff shall provide a written notice of that determination to the respondent and the complainant. If the staff and the investigator determine that an allegation of a violation of a statute or regulation set forth in the informal complaint is sustainable, the Board or the legal counsel for the Board shall:

     (a) Offer to:

          (1) Engage in mediation;

          (2) Enter into a settlement agreement;

          (3) Stipulate to any fact or to the existence or extent of any liability; or

          (4) Conduct any informal hearing; or

     (b) Prepare a notice of hearing and a formal complaint.

     2. The notice of hearing and the formal complaint prepared pursuant to subsection 1 must:

     (a) Set forth a plain statement of the facts asserted and any applicable provision of the statute or regulation allegedly violated by the respondent;

     (b) Include the date, time and place for the hearing; and

     (c) Be signed by the legal counsel for the Board and, if a member of the Board participated in the investigation, by that member of the Board.

     3. If a notice of hearing and a formal complaint are prepared pursuant to subsection 1, the staff of the Board shall, by certified mail, send the notice of hearing and formal complaint to the respondent named in the notice of hearing and formal complaint.

     4. A respondent who receives a notice of hearing and a formal complaint pursuant to subsection 3 shall file an answer to the notice of hearing and the formal complaint not later than 15 days after the date of service of the notice of hearing and formal complaint. The answer must respond to each allegation and statement made in the notice of hearing and the formal complaint by admitting to or denying each allegation and statement. If the respondent fails to file an answer as required pursuant to this subsection, he or she shall be deemed to have admitted each allegation and statement set forth in the notice of hearing and the formal complaint. The Board may, based on such an admission, enter a finding and impose appropriate disciplinary action against the respondent in the same manner as if the allegation or statement had been proven by substantial evidence at a hearing held by the Board on the formal complaint.

     5. Not later than 10 days after the respondent files an answer to a notice of hearing and a formal complaint pursuant to subsection 4, the respondent and the legal counsel for the Board shall exchange a list of the witnesses and any evidence that will be used at the hearing. A party may not present any testimony or other evidence obtained by the party after the date of the exchange required pursuant to this subsection unless the party demonstrates to the Board that:

     (a) The evidence or witness providing the testimony was not available upon diligent investigation before the date the exchange was required; and

     (b) The evidence or the name of the witness was given or communicated to the other party immediately after it was obtained.

     6. The Board may join two or more formal complaints into a single formal complaint if:

     (a) The causes of action set forth in each formal complaint are against the same person and allege the same or substantially similar violations of statutes or regulations; and

     (b) The joining of the formal complaints will serve the best interests of the Board, complainants and respondent.

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