NAC704.680365. Request for interim relief.

     1. A complaint filed with the Commission pursuant to NAC 704.680353 may include a request for interim relief. A request for interim relief must:

     (a) Be filed at the same time that the complaint is filed with the Commission and served on the respondent to the complaint;

     (b) Provide prima facie evidence that immediate and irreparable injury, loss or damage will result to the complainant as a result of the conduct of the respondent and that the complainant is likely to prevail on the merits of the complaint; and

     (c) Be accompanied by a memorandum of points and authority establishing the legal basis for the interim relief requested.

     2. An opposing party may file a written response to a request for interim relief within 7 calendar days after service of the request for interim relief.

     3. As soon as possible after a request for interim relief is filed, the presiding officer shall set a date for hearing the request. Such a hearing must be set for the earliest date on the calendar of the presiding officer that occurs after the last date on which a response to the request for interim relief may be filed.

     4. Notwithstanding any provision of this chapter or chapter 703 of NAC to the contrary, notice of a hearing on a request for interim relief must be:

     (a) Served at least 7 calendar days before the time set for the hearing on the parties to the underlying complaint, the staff of the Commission and the Bureau of Consumer Protection in the Office of the Attorney General; and

     (b) Published, at least 5 calendar days before the time set for the hearing, in two newspapers of general circulation.

     5. The presiding officer shall issue the written decision on a request for interim relief as expeditiously as possible following the conclusion of the hearing on the request.

     6. If the presiding officer determines that it is in the public interest to grant a request for interim relief, the presiding officer shall condition the terms of any order issued thereon to expire upon the resolution of the complaint by mediation or upon final order of the Commission, as appropriate.

     7. If, after the hearing on a request for interim relief, the presiding officer determines that the request fails to state a claim upon which relief may be granted, the presiding officer shall take only such further action on the complaint as is authorized by statute or regulation.

     (Added to NAC by Pub. Utilities Comm’n by R107-00, eff. 2-26-2001)