Section 281A.410 - Notification of subject; filing of response1. If the Executive Director has been directed to investigate a matter pursuant to NAC 281A.403 or 281A.405, the Executive Director shall:(a) Notify the subject of the ethics complaint of the investigation and of the opportunity to respond to the allegations contained in the ethics complaint regarding which the Commission has directed an investigation, as required pursuant to NRS 281A.720; and(b) Except as otherwise provided in this paragraph, provide the subject with a copy of the ethics complaint or the information upon which the Commission based its motion to initiate an ethics complaint, as applicable. 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 paragraph.2. A notification made pursuant to subsection 1 must: (a) Be in writing and provided to the subject in any manner in which receipt by the subject can be confirmed by the Executive Director, including, without limitation, by: (2) Certified mail, return receipt requested;(3) Overnight delivery service in which proof of delivery is documented;(4) Regular mail delivery with tracking receipt; or(5) If authorized by the subject, electronic delivery via electronic mail or facsimile.(b) Include, without limitation: (1) Except as otherwise provided in NRS 281A.750, all information filed by the requester or information upon which the Commission based its motion to initiate the ethics complaint, as appropriate; and(2) An outline of the process used by the Commission to resolve ethics complaints.3. The subject may file with the Commission:(a) A waiver of the right to a determination by a review panel pursuant to NRS 281A.730 whether there is just and sufficient cause for the Commission to render an opinion in the matter;(b) A waiver of the time limits set forth in NRS 281A.725 and 281A.730; or(c) Within the time limit set forth in NRS 281A.730, a written response to the allegations contained in the ethics complaint regarding which the Commission has directed an investigation.4. If the subject files with the Commission a waiver of the right to a determination by a review panel pursuant to paragraph (a) of subsection 3, the subject is deemed to consent that the allegations set forth in the ethics complaint and any notice of additional issues and facts served by the Executive Director pursuant to NAC 281A.415 are supported by credible evidence to establish just and sufficient cause for the Commission to render an opinion in the matter.5. If the subject files with the Commission a waiver of the time limits set forth in NRS 281A.725 and 281A.730 pursuant to paragraph (b) of subsection 3, the Executive Director may, for good cause shown, authorize one or more extensions, of not more than 30 days each, of the time limit set forth in NRS 281A.720 for the subject to file a written response to the allegations contained in the ethics complaint regarding which the Commission has directed an investigation.6. Except as otherwise provided in NAC 281A.407 or unless the subject waives the time limit set forth in NRS 281A.725, not later than 70 days after the Commission directs the Executive Director to investigate the ethics complaint, the Executive Director shall complete the investigation of the ethics complaint and present a written recommendation to the review panel that complies with the requirements of NRS 281A.725.Nev. Admin. Code § 281A.410
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; R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in revision for NAC 281.188; 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. 6/5/2024