Nev. Admin. Code § 467.924 - Answer; appearance by respondent; failure to file answer or appear

Current through March 28, 2022

1. Except as otherwise provided in this subsection, the respondent shall file a written answer with the Commission not later than 20 days after the date the complaint is served on the respondent. In the answer, the respondent shall:
(a) State in short and plain terms the respondent's defenses to each claim asserted;
(b) Admit or deny the facts alleged in the complaint;
(c) State which allegations the respondent is without knowledge or information to form a belief as to their truth; and
(d) Set forth any avoidance or affirmative defense that the respondent desires to assert.

For good cause shown, the Chair may extend the time a respondent has to file an answer.

2. If a respondent answers allegations by stating that the respondent is without knowledge or information to form a belief as to their truth, such allegations shall be deemed to be denied.
3. Unless the Chair has waived the requirement of personal attendance, a respondent shall personally attend a hearing on the merits of the case.
4. If a respondent fails to file a written answer to the complaint or to appear personally at a hearing on the merits of the case without having obtained a waiver of appearance pursuant to subsection 3, such failure shall be deemed to be:
(a) An admission of all matters and facts contained in the complaint with respect to such respondent; and
(b) A waiver of the right to an evidentiary hearing.
5. If a respondent appears at a hearing on the merits of the case and has not provided a written answer to the Commission, the Chair may:
(a) Grant a continuance of the matter and direct the respondent to file a written answer or statement regarding the allegations; or
(b) Direct the respondent to provide an oral statement on the record answering each allegation.

Notes

Nev. Admin. Code § 467.924
Added to NAC by Athletic Comm'n by R083-00, eff. 9-22-2000; A by R062-16A, eff. 9/9/2016; A by R032-18A, eff. 1/30/2019
NRS 467.030

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