Section 641B.305 - Procedure upon receipt of accusation1. The Board will initially consider any written accusation regarding a licensee as an informal complaint. Upon receipt of an informal complaint, the Board's staff shall examine the complaint to determine whether it: (a) Has been properly verified; and(b) Alleges sufficient facts to warrant further proceedings.2. If the Board's staff determines that the informal complaint is properly verified and does allege sufficient facts, the Board will notify the respondent by certified mail of the allegations and potential violations of a provision of this chapter or chapter 641B of NRS arising in the informal complaint and request a response for the Board's review before a hearing is set. This notice shall be deemed a notice of intended action pursuant to subsection 3 of NRS 233B.127.3. The respondent may respond in writing to the office of the Board within 14 days after receiving notice from the Board pursuant to subsection 2. The written response must: (a) Contain responses to all the allegations contained in the notice; and(b) Be accompanied by all documentation that will be helpful to the Board's staff in reviewing the allegations.4. The Board's staff and the legal counsel to the Board shall review the informal complaint and any response it receives from the respondent pursuant to subsection 3. The Board's staff and the legal counsel to the Board may:(a) Investigate the allegations and may employ such persons or appoint such members of the Board as they deem necessary to further the investigation;(b) Consult with experts in the appropriate field and may employ the experts for purposes of investigation or hearing;(c) Investigate new leads or allegations that may come to their attention in the course of investigating the informal complaint; and(d) Take any other reasonable action necessary to further the investigation.5. When the investigation is completed, the Board's staff, legal counsel to the Board and persons employed by the Board, including any Board members appointed to assist in the investigation, shall determine whether substantial evidence exists to sustain the alleged violation of a provision of this chapter or chapter 641B of NRS. If it is determined that no violation of a statute or regulation can be sustained, the Board's staff shall notify the complainant and the respondent of this determination in writing. If new evidence is discovered, the matter may at any time be reopened and investigated by the Board, if circumstances warrant.6. If it is determined that a violation of a statute or regulation can be sustained, the legal counsel to the Board shall prepare a notice of hearing and a formal complaint.Nev. Admin. Code § 641B.305
Added to NAC by Bd. of Exam'rs for Social Workers, eff. 9-20-88; A 5-15-92; R112-00, 1-17-2001; R079-02, 1-9-2003