NAC720.940. Summary proceeding.

     1. As an alternative to any other authorized procedure, the Secretary of State may commence a proceeding under this chapter or chapter 720 of NRS by entering a summary order pursuant to this section. The order must be in writing and may be entered without providing any prior notice or opportunity for a hearing, and need not be supported by findings of fact or conclusions of law.

     2. Upon the entry of a summary order pursuant to subsection 1, the Secretary of State will promptly notify in writing all persons against whom action is taken or contemplated that the summary order has been entered and the reasons therefor. The Secretary of State will send all persons against whom action is taken a notice of an opportunity for a hearing on the matters set forth in the order. The notice must state that the persons have 15 calendar days after receipt of the notice to mail a written request for a hearing to the Secretary of State.

     3. The Secretary of State will set the matter for a hearing on a date not more than 60 or less than 15 calendar days after the receipt of the request for a hearing, and will promptly notify the parties of the time and place for the hearing. The time of the hearing may be continued upon the written request of a party for good cause shown.

     4. The Secretary of State may issue an order that makes a summary order final:

     (a) Fifteen days after a person against whom action is taken or contemplated receives notice of the right to request a hearing, if that person fails to request a hearing; or

     (b) If a party fails to appear at a hearing, on the date set for the hearing.

     5. If a hearing is requested, the Secretary of State may:

     (a) Extend the summary order until final determination of the matter; or

     (b) After providing further notice of an opportunity for a prior hearing to all parties against whom action is taken or contemplated, modify or vacate the summary order.

     6. For the purposes of this section, notice is complete:

     (a) Upon delivery personally to a person;

     (b) By mailing by certified mail to the last known address of a person; or

     (c) By mailing by electronic mail to the address of a person specified on an application submitted by the person pursuant to this chapter to the Secretary of State.

     (Added to NAC by Sec’y of State by R155-98, eff. 12-2-99)