622A.300 - Initiation of prosecution; filing of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.
622A.300 Initiation of prosecution; filing of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.
1. To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.
2. The regulatory body shall determine whether the case will be heard by the regulatory body or a hearing panel or officer.
3. The regulatory body or hearing panel or officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and 241.034.
4. If the case is heard by a hearing panel or officer, the hearing panel or officer shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case. The hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.
5. The findings and recommendations of the hearing panel or officer do not become final unless they are approved by the regulatory body after review. In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:
(a) Approve the findings and recommendations, with or without modification;
(b) Reject the findings and recommendations and remand the case to the hearing panel or officer;
(c) Reject the findings and recommendations and order a hearing de novo before the regulatory body; or
(d) Take any other action that the regulatory body deems appropriate to resolve the case.
6. If the case is heard by the regulatory body, the regulatory body shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case.
7. The regulatory body or the hearing panel or officer, with the approval of the regulatory body, may consolidate two or more cases if it appears that the cases involve common issues of law or fact and the interests of the parties will not be prejudiced by the consolidation.
(Added to NRS by 2005, 745)