Section 281A.405 - Duties of Executive Director; review of determination regarding jurisdiction1. An ethics complaint filed pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710 must be filed on the form and with the evidence required pursuant to subsection 2 of NRS 281A.710. If an anonymous complaint is filed or an ethics complaint does not name a person as the subject: (a) The Executive Director shall reject the complaint; and(b) The Executive Director and Commission Counsel shall not make any determination regarding the complaint pursuant to subsection 2.2. Except as otherwise provided in subsection 1, upon receipt of an ethics complaint filed pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710, the Executive Director and Commission Counsel shall make a determination regarding whether to recommend that the Commission accept jurisdiction in the matter and whether the evidence submitted with the ethics complaint is sufficient to warrant an investigation in the matter. For the purpose of making such a determination, the Executive Director or Commission Counsel may obtain additional information not included in the complaint through any method available to the general public, including, without limitation, requests for public records or conversations with witnesses. The Executive Director shall submit the recommendation, in writing, to the Commission.3. Except as otherwise provided in NAC 281A.407 or unless the subject waives the time limit set forth in NRS 281A.715, within 45 days after the Commission has received an ethics complaint pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710, the Commission will:(a) Review the written recommendation submitted by the Executive Director pursuant to subsection 2; and(b) Make a determination regarding:(1) Whether it has jurisdiction in the matter;(2) Whether the matter is submitted with evidence that is sufficient to warrant an investigation in the matter; and(3) If the requester asked the Commission to keep his or her identity confidential pursuant to NRS 281A.750, whether it will keep the identity of the requester confidential.4. After making the determinations pursuant to subsection 3, the Commission will, by order: (a) If the Commission determines that it does not have jurisdiction in the matter, dismiss the ethics complaint.(b) If the Commission determines that it has jurisdiction in the matter but the evidence submitted with the ethics complaint is not sufficient to warrant an investigation in the matter, dismiss the matter, with or without issuing a letter of caution or instruction to the subject of the ethics complaint.(c) If the Commission determines that it has jurisdiction in the matter and the evidence submitted with the ethics complaint is sufficient to warrant an investigation in the matter: (1) Dismiss the matter, with or without issuing a letter of caution or instruction to the subject; or(2) Direct the Executive Director to investigate all or a portion of the ethics complaint pursuant to NRS 281A.720.(d) If the requester asked the Commission to keep his or her identity confidential pursuant to NRS 281A.750, state whether it will keep the identity of the requester confidential.5. The Executive Director or Commission Counsel shall notify the requester of the determinations of the Commission pursuant to this section.6. If the Commission determines that it has jurisdiction in the matter and it will issue a letter of caution or instruction, the Executive Director or Commission Counsel shall serve the order on the subject of the ethics complaint with a copy of the ethics complaint and the letter of caution or instruction.7. If the Commission determines that it has jurisdiction in the matter and it directs the Executive Director to investigate all or a portion of the ethics complaint, the Executive Director shall provide notification and documentation to the subject of the ethics complaint in the manner required pursuant to NAC 281A.410.8. If the Commission determines that it does not have jurisdiction in the matter or determines that it has jurisdiction in the matter but dismisses the matter without a letter of caution or instruction, the Executive Director or Commission Counsel may provide to the subject, upon written request, a copy of the ethics complaint.9. If the Commission determines that the identity of the requester will be kept confidential pursuant to NRS 281A.750, the Executive Director shall redact any identifying information from any document provided to the subject pursuant to this section.Nev. Admin. Code § 281A.405
Added to NAC by Comm'n on Ethics by R111-03, eff. 10-30-2003; A by R186-05, 5-4-2006; R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in revision for NAC 281.1865; A by R048-14, eff. 10/24/2014; A by R108-18A, eff. 8/21/2018; A by R108-18AP, eff. 8/30/2018; A by R136-23A, eff. 6/5/2024NRS 291A.290, 281A.710, 281A.715