Section 656A.610 - Complaints: Filing; duties of Division; assignment to investigative committee; evaluation and recommendations of investigative committee; determination by Division after investigation; report of violation to Attorney General1. If the Division or a recipient of services from a sign language interpreter or Communication Access Realtime Translation provider, who is party to and aware of any act or circumstance that constitutes grounds for disciplinary action against a sign language interpreter or Communication Access Realtime Translation provider, desires to pursue disciplinary action against that sign language interpreter or Communication Access Realtime Translation provider, the person must file a complaint with the Division specifying the charge against the sign language interpreter or Communication Access Realtime Translation provider. A complaint may not be accepted from a recipient of sign language interpreting or Communication Access Realtime Translation services who knowingly and willingly used an unregistered sign language interpreter or Communication Access Realtime Translation provider.2. Unless the Division determines that a complaint is without merit, the Division will: (a) Advise the complainant to direct the complaint to the certifying body of the sign language interpreter or Communication Access Realtime Translation provider, as applicable;(b) Assign an investigative committee to determine whether a charge against a sign language interpreter or Communication Access Realtime Translation provider justifies disciplinary action; or(c) Intervene on behalf of the complainant and the sign language interpreter or Communication Access Realtime Translation provider, as appropriate, if they agree to the intervention.3. The Division will assign to the investigative committee pursuant to paragraph (b) of subsection 2 one employee of the Division, one person who is deaf or hard of hearing and one sign language interpreter or Communication Access Realtime Translation provider who is registered with the Division. Each member of the investigative committee will be required to sign a confidentiality agreement and must not have a conflict of interest in the outcome of the investigation.4. Before assigning the complaint to an investigative committee, the Division must provide the sign language interpreter or Communication Access Realtime Translation provider, as applicable, with a copy of the complaint. If the Division determines that a complaint is without merit, the Division may provide the sign language interpreter or Communication Access Realtime Translation provider with a copy of the complaint, including the name of the person who filed the complaint.5. Following an investigation, the investigative committee will present its evaluation and recommendations to the Division. The Division will review the findings of the committee to determine whether to take further action against the sign language interpreter or Communication Access Realtime Translation provider.6. If the Division determines after investigation that a sign language interpreter or Communication Access Realtime Translation provider has violated the provisions of this chapter or chapter 656A of NRS, and there is no certifying body to report to, the Division will notify the Attorney General of its findings and any disciplinary action taken.7. A member of the Division who participates in an investigation will not participate in the review conducted or in a subsequent hearing or action which is related to the investigation.Nev. Admin. Code § 656A.610
Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010; R014-12, 9-14-2012; A by R016-22A, eff. 9/20/2022; A by R016-22A, eff. 9/20/2022