Nev. Admin. Code § 281A.430

Current through June 11, 2024
Section 281A.430 - Considerations of investigatory panel
1. At the proceedings of a review panel on an ethics complaint, the review panel shall consider:
(a) The written recommendation of the Executive Director presented pursuant to NAC 281A.410;
(b) The ethics complaint and all related information and material filed with the Commission by the requester or submitted on the motion of the Commission; and
(c) The response, if any, of the subject of the ethics complaint submitted pursuant to NRS 281A.720 or NAC 281A.415.
2. Unless the subject waives the time limit set forth in NRS 281A.730, within 15 days after being presented the written recommendation of the Executive Director pursuant to NAC 281A.415, the review panel shall make a determination to:
(a) Dismiss the ethics complaint, with or without prejudice, and with or without issuing a latter of caution or instruction to the subject, if the review panel determines that there is not just and sufficient cause for the Commission to render an opinion in the matter;
(b) Approve or authorize the development of a deferral agreement between the Executive Director and the subject, if the review panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter but reasonably believes that the conduct at issue may be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement; or
(c) Refer the ethics complaint to the Commission for further proceedings if:
(1) The review panel determines that there is just and sufficient cause for the Commission to render an opinion in the matter but reasonably believes that the conduct at issue may not be appropriately addressed through additional training or other corrective action under the terms and conditions of a deferral agreement;
(2) The review panel does not approve a deferral agreement relating to the ethics complaint; or
(3) The subject refuses to develop or declines to agree to a deferral agreement.

Nev. Admin. Code § 281A.430

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-Substituted in revision for NAC 281.193; A by R108-18A, eff. 8/21/2018; A by R108-18AP, eff. 8/30/2018
NRS 281A.290