Nev. Admin. Code § 656.420

Current through June 11, 2024

Section 656.420 - Informal complaint: Filing; action by Board and its staff; response; failure of respondent to cooperate or respond

1. A person may file an informal complaint with the Board or the Board may, on its own initiative, cause an informal complaint to be filed concerning the acts of or services provided by:

(a) A holder of a certificate or license;

(b) A designated representative of a court reporting firm; or

(c) A person who:

(1) Is not the holder of a certificate or license; and

(2) Performs an act or service that requires a certificate or license.

2. Each informal complaint must:

(a) Be filed with the Board on a form provided by the Board; and

(b) Include:

(1) Information that is sufficiently detailed so as to enable the Board to investigate and the respondent to prepare a defense to each accusation set forth in the informal complaint;

(2) All documentation referenced in the complaint and all other documentation that would be useful to the staff of the Board in its review; and

(3) The signature of the complainant verifying, by oath, that the complaint and the documentation provided with the complaint are true to the best of his or her knowledge;

3. Upon receipt of an informal complaint, the staff of the Board shall examine the informal complaint to determine whether it:

(a) Is within the jurisdiction of the Board;

(b) Has been properly verified; and

(c) Alleges sufficient facts to warrant further proceedings.

4. If the staff of the Board determines that an informal complaint does not meet the requirements of subsection 3, the Board or the staff of the Board shall so inform the complainant. If the staff of the Board determines that an informal complaint meets the requirements of subsection 3, the staff shall notify the respondent by certified mail. The notice must include:

(a) A copy of the informal complaint; and

(b) A request for a written response for review by the staff of the Board which includes, without limitation, the date by which the response must be submitted to the Board pursuant to subsection 5.

5. The respondent shall submit to the Board a written response within 30 days after the service of the notice. The written response must:

(a) Address each allegation set forth in the informal complaint; and

(b) Be accompanied by all documentation referenced in the response and all other documentation that would be useful to the staff of the Board in its review.

6. Failure by a respondent to cooperate with the staff of the Board during an investigation of an informal complaint filed against the respondent, including, without limitation, failure by the respondent to respond by the date on which the response is due regarding the informal complaint, is a ground for disciplinary action.

7. If a respondent fails to respond by the date on which the response is due, the respondent shall be deemed to have admitted each allegation set forth in the informal complaint. The Board may, based on such an admission, impose appropriate disciplinary action against the respondent.

Nev. Admin. Code § 656.420

Added to NAC by Cert. Court Reporters' Bd. by R101-03, 2-18-2004; A by R099-16A, eff. 6/21/2017; A by R112-17AP, eff. 2/27/2018; A by R104-19A, eff. 2/25/2021

NRS 656.130