Section 288.205 - Complaint for expedited review concerning right of employee to express breast milk: Procedure for filing, hearing and deciding such complaint1. In lieu of complying with the provisions of NAC 288.200 to 288.370, inclusive, an employee who: (a) Is a nursing mother described in paragraph (d) of subsection 4 of NRS 281.755; and(b) Complains solely of an alleged violation of paragraph (h) of subsection 1 of NRS 288.270, Ê may elect to file a complaint in the form required by the Board and comply with the provisions of this section.2. If an employee makes the election and files the complaint described in subsection 1, the respondent shall file an answer in accordance with the provisions of NAC 288.220, except that the answer must include a statement setting forth the position of the respondent and the reasons for the actions of the respondent.3. Upon receipt of the answer, the Commissioner shall contact the parties to schedule a hearing on the matter. The hearing: (a) Must be held before the Commissioner; and(b) May be conducted in person, by video conference or telephonically, in the discretion of the Commissioner.4. After the hearing is scheduled, the Commissioner shall promptly prepare and serve upon the parties a notice of hearing setting forth: (a) The date, time and place of the hearing;(b) The manner in which the hearing will be conducted, whether in person, by video conference or telephonically; and(c) The deadline for the submission of copies of proposed exhibits pursuant to subsection 6 or the notice required by that subsection.5. Upon the request of a party to a proceeding governed by this section, the Commissioner may issue subpoenas requiring the attendance of witnesses before the Commissioner, together with all books, memoranda, papers and other documents relative to the matter. The provisions of subsections 2, 3 and 4 of NRS 288.120 apply to any such subpoena.6. Each party shall submit to the Commissioner a copy of any exhibit the party proposes to use at the hearing. Each party shall submit the copy so that it is received by the Commissioner not less than 3 business days before the hearing. If a party does not propose to use any exhibits at the hearing, the party shall so notify the Commissioner in writing within that time. Upon receipt of the copies of the proposed exhibits or the notice described in this subsection, the Commissioner shall forward copies of the proposed exhibits or notice, as applicable, to each other party.7. The Commissioner shall conduct the hearing in accordance with the provisions of NAC 288.280 to 288.335, inclusive, but may depart or authorize a departure from those provisions as necessary to expedite and minimize the expense of the proceedings. Except as otherwise provided in this subsection, in lieu of using a court reporter, the Commissioner may cause the hearing to be recorded by tape recorder. In the case of a hearing conducted telephonically, each party must consent to the recording of the hearing. Upon the request of any party, the Commissioner shall cause the recording to be transcribed at the expense of the party making the request. If both parties request that the recording be transcribed, the expense of transcription must be shared equally by the parties unless they otherwise agree.8. After the hearing, the Commissioner shall render a decision in writing. The decision is not subject to review by the Board and is a final decision for the purposes of NRS 233B.130.Nev. Admin. Code § 288.205
Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. R074-17AP, eff. 2/27/2018NRS 281.755, 288.110, 288.115