In determining whether to conduct a
preliminary investigation of a complaint pursuant to section 27 of Senate Bill
No. 135, chapter 590, Statutes of Nevada 2019, at page 3733 (NRS 288.625 ), the
Board will consider:
(a) Whether the
complainant or petitioner is represented by counsel;
(b) Whether the complainant or petitioner has
conducted an investigation of the complaint or similar complaints;
(c) The number of persons affected by the
alleged violation; and
amount of time and resources necessary to conduct the investigation.
In conducting a preliminary
investigation pursuant to section 27 of Senate Bill No. 135, chapter 590,
Statutes of Nevada 2019, at page 3733 (NRS 288.625 ), the Board or Commissioner
(a) Interview the complainant or
petitioner or any witnesses.
Request the complainant or petitioner or any witness to provide records to the
Board or Commissioner. A person shall provide any requested records to the
Board or Commissioner, as applicable, not later than 30 days after the date on
which the request was received by the person.
3. The Board or Commissioner will not conduct
or continue a preliminary investigation if the complainant or petitioner has
filed a motion to dismiss.
the Commissioner conducts a preliminary investigation on behalf of the Board,
upon completion of the investigation, the Commissioner shall prepare and submit
to the Board, the complainant and the respondent a written report which must
include a recommendation of whether the complaint has any basis in law or fact
and the reason for that recommendation.
The Board will consider the prehearing
statements filed pursuant to NAC
and the written report
prepared pursuant to subsection 4, if any, and determine whether the complaint
has any basis in law or fact. Upon making such a determination, the Board will
take the action prescribed in paragraph (a) or (b) of subsection 2 of section
27 of Senate Bill No. 135, chapter 590, Statutes of Nevada 2019, at page 3734
(NRS 288.625 ).