289.060 - Notification and requirements for interrogation or hearing relating to investigation.
289.060 Notification and requirements for interrogation or hearing relating to investigation.
1. Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide written notice to the peace officer. A peace officer may waive the notice required pursuant to this section.
2. The notice must include:
(a) A description of the nature of the investigation;
(b) A summary of alleged misconduct of the peace officer;
(c) The date, time and place of the interrogation or hearing;
(d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation;
(e) The name of any other person who will be present at any interrogation or hearing; and
(f) A statement setting forth the provisions of subsection 1 of NRS 289.080.
3. The law enforcement agency shall:
(a) Interrogate the peace officer during the peace officer’s regular working hours, if reasonably practicable, or compensate the peace officer for that time based on the peace officer’s regular wages if no charges arise from the interrogation.
(b) Immediately before the interrogation or hearing begins, inform the peace officer orally on the record that:
(1) The peace officer is required to provide a statement and answer questions related to the peace officer’s alleged misconduct; and
(2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination.
(c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer.
(d) Allow the peace officer to explain an answer or refute a negative implication which results from questioning during an interrogation or hearing.
(Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622)