NAC82.415. Determination regarding sufficiency of complaint: Notice of deficiencies; demand for response; referral for legal proceedings.

     1. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 82.405 is not sufficient to warrant further investigation or processing of the complaint, the Secretary of State will send to the complainant written notification of the deficiencies in the complaint.

     2. If the Secretary of State determines that the information provided with a complaint filed pursuant to NAC 82.405 or obtained during the course of an investigation of another matter is sufficient to warrant further investigation or processing, the Secretary of State may send a written demand for a response to the complaint or investigation to the foreign nonprofit corporation alleged to be subject to the fine set forth in NRS 82.5234.

     3. A response demanded pursuant to subsection 2 must be:

     (a) Completed and returned to the Office of the Secretary of State within the time specified in the written demand; and

     (b) Signed under oath by a person in a position of responsibility with the respondent.

     4. If, based on the information submitted with a complaint, any information obtained during an investigation of the complaint and any information included in a response demanded pursuant to subsection 2, the Secretary of State determines that a foreign nonprofit corporation is subject to the fine set forth in NRS 82.5234, the Secretary of State may demand that the foreign nonprofit corporation file any document required to bring the foreign nonprofit corporation into compliance with the laws of this State and pay any fee, penalty or fine required by the laws of this State.

     5. If, in response to the demand of the Secretary of State pursuant to subsection 4, the foreign nonprofit corporation does not file a document required to bring the foreign nonprofit corporation into compliance with the laws of this State or pay any fee, penalty or fine required by the laws of this State, the Secretary of State may refer the matter to the district attorney of the county in which the foreign nonprofit corporation has its principal place of business or the Attorney General, or both, and request that the district attorney or Attorney General institute legal proceedings to require the foreign nonprofit corporation to file any document required to bring it into compliance with the laws of this State and to pay any fee, penalty or fine required by the laws of this State.

     6. The Secretary of State may communicate any findings made or actions taken in response to a complaint or the investigation of a complaint to:

     (a) The complainant at the address provided on the complaint form; and

     (b) The foreign nonprofit corporation which is alleged to be subject to the fine set forth in NRS 82.5234 at the last known address of the foreign nonprofit corporation or through the foreign nonprofit corporation’s registered agent of record.

     (Added to NAC by Sec’y of State by R070-11, eff. 5-30-2012)