Current through November 8, 2024
Section 628.920 - Answer; amendment of complaint; continuance; inclusion of pleadings in record1. After being served with the complaint pursuant to NAC 628.895, the licensee may, but is not required to, file an answer to the complaint. The licensee may file such an answer not later than 20 days after the date of service of the complaint.2. The prosecutor may amend the complaint at any time before the hearing. If the prosecutor amends the complaint before the hearing, the prosecutor shall: (a) File the amended complaint with the Board or hearing panel or officer; and(b) Serve the licensee with the amended complaint.3. After being served with an amended complaint, the licensee may do any or all of the following: (a) File an answer to the amended complaint. The licensee may file such an answer not later than 20 days after the date of service of the amended complaint or not later than the date of the hearing, whichever date is sooner.(b) Move for a continuance of the hearing. The Board or hearing panel or officer shall grant the continuance if the licensee demonstrates that: (1) The amendment materially alters the allegations in the complaint; and(2) The licensee does not have a reasonable opportunity to prepare a defense against the amended complaint before the date of the hearing.4. The prosecutor may amend the complaint at the time of the hearing if the amendment is not considered material and the substantial rights of the licensee would not be prejudiced by the amendment.5. The complaint, any amended complaint and any answer filed by the licensee must be made part of the record at the hearing.Nev. Admin. Code § 628.920
Added to NAC by Bd. of Accountancy by R117-15, eff. 4/4/2016