Section 281A.457 - Adjudicatory hearings: Notice; stay or continuance1. If a review panel refers the ethics complaint to the Commission pursuant to NRS 281A.730 or the Commission vacates a deferral agreement pursuant to NRS 281A.740, the Commission Counsel, on behalf of the Commission, shall issue and serve on the parties: (a) A written notice of an adjudicatory hearing in the matter which must meet the requirements of NRS 281A.745. Service of the notice on the subject will be deemed complete upon delivery to the last known address of the subject in any manner in which receipt by the subject can be confirmed by the Commission.(b) A scheduling order regarding the time limits and requirements for the submission and service of documents related to the adjudicatory hearing.2. If the subject waives the time limit set forth in NRS 281A.745: (a) Not later than 10 business days before the adjudicatory hearing, unless a scheduling order directs otherwise or leave is otherwise granted, a party may submit a written request to the Commission Counsel to stay or continue the adjudicatory hearing in the matter for good cause shown, including, without limitation, to accommodate a scheduling conflict or otherwise provide additional time for the parties to engage in discovery, file a motion or negotiate and present a proposed stipulation of fact or stipulated agreement to the Commission regarding the ethics complaint.(b) Not later than 5 business days after a party submits a request to the Commission Counsel pursuant to paragraph (a), unless a scheduling order directs otherwise or leave is otherwise granted, any other party may submit: (1) A written consent to the Commission Counsel for a stay or continuance of the adjudicatory hearing; or(2) A written response to the Commission Counsel opposing the request for a stay or continuance of the adjudicatory hearing if the party can show that the stay or continuance: (I) Is being requested merely for delay or because of inexcusable neglect by the Executive Director or the subject, as applicable;(II) Would create an unjust or undue delay in the final resolution of the ethics complaint; or(III) Would otherwise unfairly prejudice the interests of the party before the Commission.3. Except as otherwise provided in subsection 4, if the Commission Counsel receives a request from a party to stay or continue an adjudicatory hearing or any response to such a request pursuant to subsection 2, the Commission Counsel may, after consulting with the parties regarding scheduling, issue a stay or continuance of the adjudicatory hearing and a revised notice of hearing or scheduling order, as appropriate.4. The Commission Counsel shall deny a request pursuant to subsection 2 if the Commission Counsel determines that the stay or continuance:(a) Is being requested merely for delay or because of inexcusable neglect by the Executive Director or the subject, as applicable;(b) Would create an unjust or undue delay in the final resolution of an ethics complaint; or(c) Would otherwise unfairly prejudice the interests of the party before the Commission.Nev. Admin. Code § 281A.457
Added to NAC by Comm'n on Ethics by R108-18AP, eff. 8/30/2018; A by R136-23A, eff. 6/5/2024