Nev. Admin. Code § 288.Sec. 5 - NEW

Current through March 28, 2022

1. 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
(d) The amount of time and resources necessary to conduct the investigation.
2. 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 may:
(a) Interview the complainant or petitioner or any witnesses.
(b) 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.
4. If 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.
5. The Board will consider the prehearing statements filed pursuant to NAC 288.250 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 ).

Notes

Nev. Admin. Code § 288.Sec. 5
Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. by R056-19A, eff. 12/18/2019
NRS 233B.040, 288.110

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