1. The Board may consider any aggravating circumstance or mitigating circumstance in deciding what discipline to impose on the holder of a certificate or license, and any such aggravating circumstance or mitigating circumstance may be admitted into evidence at a disciplinary proceeding.2. As used in this section:(a) "Aggravating circumstance" means any consideration or factor that may justify an increase in the degree of discipline imposed by the Board, including, without limitation, any of the following considerations or factors: (1) Any prior discipline by the Board;(2) A dishonest or selfish motive;(3) A pattern of misconduct;(4) The commission of multiple disciplinary offenses;(5) Any obstruction or delay in the disciplinary proceeding that occurred as a result of bad faith, including, without limitation, the respondent intentionally failing to comply with any applicable rule, regulation or order;(6) The submission of any false evidence or false statement to the Board or the commission of any other deceptive practice in conjunction with the investigation or disciplinary proceedings of the Board;(7) The refusal of the respondent to acknowledge the wrongful nature of the conduct;(8) A history of substantial experience in the practice of court reporting;(9) An indifference on the part of the respondent to making restitution; and(10) Any illegal conduct by the respondent, including, without limitation, the use of a controlled substance.(b) "Chemical dependency" includes, without limitation, an alcohol or other substance use disorder.(c) "Mitigating circumstance" means any consideration or factor that may justify a decrease in the degree of discipline imposed by the Board, including, without limitation, any of the following considerations or factors: (1) The absence of prior discipline by the Board;(2) The absence of a dishonest or selfish motive;(3) Any personal or emotional problem of the respondent;(4) A timely, good-faith effort to make restitution or to rectify the consequences of the misconduct;(5) A full and free disclosure to: (II) The staff of the Board; or(III) An investigator employed by the Board;(6) A cooperative attitude in the disciplinary process;(7) Inexperience in the practice of court reporting;(8) The good character or reputation of the respondent;(9) A physical disability of the respondent;(10) The mental disability or chemical dependency of the respondent if: (I) There is medical evidence that the respondent is affected by the mental disability or chemical dependency;(II) The mental disability or chemical dependency of the respondent caused the misconduct;(III) The recovery of the respondent from the mental disability or chemical dependency is demonstrated by a meaningful and sustained period of successful rehabilitation;(IV) The recovery of the respondent from the mental disability or chemical dependency arrested the misconduct; and(V) The misconduct is unlikely to reoccur;(11) Any delay in the disciplinary proceedings which was not caused by the respondent;(12) Any interim rehabilitation on the part of the respondent;(13) The imposition of any other penalty or sanction on the respondent;(14) The remorse of the respondent; and(15) The remoteness of any prior discipline on the respondent by the Board.3. The terms "aggravating circumstance" and "mitigating circumstance," respectively, do not include: (a) Any forced or compelled restitution;(b) Any agreement to the demand of a client for improper behavior;(c) The withdrawal of a complaint against the respondent;(d) The resignation of the respondent before the completion of the disciplinary proceedings;(e) Any recommendation by the complainant concerning the form of discipline; and(f) A failure of an injured party to make a complaint.Nev. Admin. Code § 656.Sec. 5
Added to NAC by Cert. Court Reporters' Bd. by R193-22A, eff. 12/4/2023