Section 590.657 - Procedure following investigation of informal complaint; notice of hearing and formal complaint; answer1. If a complaint is required to be investigated pursuant to NAC 590.650 or if the staff receives information independently that a licensee committed an alleged violation of NRS 590.465 to 590.645, inclusive, or NAC 590.100 to 590.690, inclusive, and section 1of this regulation, the staff shall conduct an investigation regarding the complaint or information.2. When the investigation conducted pursuant to subsection 1 is complete, the staff who conducted the investigation shall determine whether substantial evidence exists to sustain the alleged violation of a statute or regulation set forth in the complaint or in the information received by the staff. If the staff determines that no such allegation set forth in the complaint can be sustained, the staff shall notify, in writing, the complainant and licensee of that determination. If the staff determines that no such allegation in the information received by the staff can be sustained, the staff shall notify the Board.
3. Except as otherwise provided in section 1 of this regulation, if the staff determines after an investigation conducted pursuant to subsection 1 that a violation of a statute or regulation as alleged in the complaint or information received by the staff can be sustained, the legal counsel for the Board shall prepare a notice of hearing and a formal complaint.4. In addition to the requirements set forth in NRS 233B.121, a notice of hearing and a formal complaint must be signed by the legal counsel for the Board and a member of the staff who was active in the investigation.5. The staff shall send a notice of hearing and a formal complaint prepared pursuant to this section to the licensee named in the notice by certified mail or personally serve the licensee with the notice of hearing and formal complaint.6. A licensee who receives a notice of hearing and a formal complaint shall file an answer to the notice of hearing and the formal complaint with the Board:(a) Not later than 15 days after the date on which the notice of hearing and the formal complaint are personally served on the licensee; or(b) If the notice of hearing and the formal complaint are not personally served on the licensee, not later than 15 days after the date on which the notice of hearing and the formal complaint are deposited in the United States mail as certified mail addressed to the licensee at his or her address of record.7. An answer to a notice of hearing and a formal complaint must include a response to each allegation and statement made in the notice of hearing and the formal complaint by either admitting to or denying the allegation or statement.8. If a licensee fails to file an answer as required by this section, the licensee shall be deemed to have admitted each allegation and statement contained in the notice of hearing and the formal complaint. Based on these admissions, the Board may enter a finding and impose appropriate discipline on the licensee in the same manner as if the allegations had been proven by substantial evidence at a hearing held on the formal complaint.Nev. Admin. Code § 590.657
Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004; A by R168-18AP, eff. 6/26/2019