NAC86.415. Determination regarding sufficiency of complaint by Secretary of State: 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 86.405 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 86.405 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 person or foreign limited-liability company alleged to be subject to the fine set forth in NRS 86.213 or 86.548, whichever is applicable.

     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 the respondent or, if the respondent is an entity, 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 person or foreign limited-liability company is subject to the fine set forth in NRS 86.213 or 86.548, whichever is applicable, the Secretary of State may demand that the person or foreign limited-liability company file any document required to bring the person or foreign limited-liability company, as applicable, into compliance with chapter 86 of NRS 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 person or foreign limited-liability company does not file a document required to bring the person or foreign limited-liability company, as applicable, into compliance with chapter 86 of NRS 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 person or foreign limited-liability company 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 person or foreign limited-liability company to file any document required to bring the person or foreign limited-liability company, as applicable, into compliance with chapter 86 of NRS 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 person or foreign limited-liability company alleged to be subject to the fine set forth in NRS 86.213 or 86.548, whichever is applicable, at the last known address of the person or foreign limited-liability company or through the registered agent of record for the person or foreign limited-liability company.

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