Nev. Admin. Code § 631.Sec. 2.1

Current through December 31, 2024

Section 631.Sec. 2.1 - NEW

1. Not later than 30 days after receiving a complaint filed pursuant to NAC 631.240, an attorney for the Board shall determine whether the Board has jurisdiction over the complaint and whether the allegations in the complaint warrant an investigation pursuant to NAC 631.250. If the attorney determines that:

(a) The Board lacks jurisdiction over the complaint or the complaint does not set forth facts which, if proven, would constitute grounds for initiating disciplinary action, the attorney shall:

(1) Refer the complaint to the review panel appointed pursuant to NRS 631.3635, accompanied by a written recommendation to dismiss the complaint; and

(2) Provide to the review panel a copy of the complaint from which all personally identifiable information concerning the person who is the subject of the complaint has been redacted.

(b) The Board has jurisdiction over the complaint and the complaint sets forth facts which, if proven, would constitute grounds for initiating disciplinary action, the attorney shall refer the complaint to the Executive Director for the appointment of an investigator pursuant to NAC 631.250. The referred complaint must be accompanied by written notice of the decision of the attorney.

2. Any written recommendation pursuant to subsection 1 must include an attestation by the attorney for the Board that the attorney:

(a) Has not communicated with any person concerning the subject matter of the complaint; and

(b) Has not been unduly influenced in his or her decision concerning the complaint.

3. Not later than 45 days after receiving a recommendation to dismiss a complaint from an attorney for the Board pursuant to paragraph (a) of subsection 1, a review panel shall:

(a) Reject the recommendation and refer the complaint to the Executive Director for the appointment of an investigator pursuant to NAC 631.250, accompanied by written notice of the decision; or

(b) Accept the recommendation and dismiss the complaint.

4. Any determination made pursuant to subsection 3 must include an attestation by each member of the review panel that the member:

(a) Has no knowledge of the identity of the person who is the subject of the complaint;

(b) Has not communicated with any person concerning the subject matter of the complaint; and

(c) Has not been unduly influenced in his or her decision concerning the complaint.

Nev. Admin. Code § 631.Sec. 2.1

Added to NAC by Bd. of Dental Exam'rs by R073-22A, eff. 11/1/2024

NRS 631.190, 631.360, 631.3635