Section 281A.351 - Determination of lack of jurisdiction or compliance with filing requirements: Notification; submission of supplemental information; motion to review determination1. If the Executive Director and Commission Counsel determine that the Commission does not have jurisdiction over the request for an advisory opinion or that the request for an advisory opinion was not properly filed with the necessary information for the Commission to render an opinion in the matter, the Executive Director or Commission Counsel shall notify the subject who filed the request for an advisory opinion in writing of the determination and, if applicable, provide an opportunity within a specified period set forth in the notice for the subject to submit sufficient supplemental information for the Commission to render an advisory opinion in the matter. The period specified in the notice for the subject to submit sufficient supplemental information pursuant to this subsection must be at least 14 days.2. The subject may: (a) If applicable, submit the supplemental information for the Commission to render an advisory opinion in the matter within the period specified in the notice sent pursuant to subsection 1.(b) Within 5 business days after receiving the notice sent pursuant to subsection 1, file a motion with the Commission to review the determination of the Executive Director and Commission Counsel, which must include information establishing that the Commission has jurisdiction over the matter or that the request for an advisory opinion was properly filed with the necessary information for the Commission to render an advisory opinion in the matter, as applicable.3. The Commission may hold a hearing on the motion filed pursuant to paragraph (b) of subsection 2 or take the motion under submission without holding a hearing. If the Commission determines that it will hold a hearing on the motion, the Executive Director or Commission Counsel shall prepare and serve on the subject a notice of hearing that identifies the date, time and location of the hearing on the motion.4. The Commission will deliberate and issue an order on a motion filed pursuant to paragraph (b) of subsection 2.5. If the Executive Director or Commission Counsel provides an opportunity to the subject to supplement the request for an advisory opinion and the subject submits the supplemental information, the time limit set forth in NRS 281A.680 for the Commission to render an advisory opinion in the matter commences on the date on which the Commission receives the supplemental information from the subject.6. Except as otherwise provided in this subsection, if the subject does not submit supplemental information for the request for an advisory opinion within the period specified in the notice for the subject to submit sufficient supplemental information pursuant to subsection 1 or file a motion within 5 business days pursuant to subsection 2, as applicable, the Executive Director or Commission Counsel shall issue an order dismissing the request for an advisory opinion. The Executive Director or Commission Counsel may waive or extend the deadline set forth in the notice for the subject to submit sufficient supplemental information pursuant to subsection 1.Nev. Admin. Code § 281A.351
(Added to NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003; R186-05, 5-4-2006; R134-10, 10-26-2011; R108-18, 8-30-2018) - (Substituted in revision for NAC 281A.360); A by R136-23A, eff. 6/5/2024