648.170 - Contents of complaint; notice and hearing.
648.170 Contents of complaint; notice and hearing.
1. The complaint referred to in NRS 648.160 must be a written statement of charges which must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It must specify the statute or regulation which the respondent is alleged to have violated, but must not consist merely of charges raised in the language of the statute or regulation.
2. Upon the filing of the complaint, the Board shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at the address on file with the Board.
3. Except as provided in subsection 4, the respondent must answer within 20 days after the service of the complaint. In the answer the respondent:
(a) Must state in short and plain terms his or her defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations the respondent is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the Board, but the Board may order a hearing even if the respondent waives the right to a hearing.
4. Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The Board may take action based on such an admission and on other evidence without further notice to the respondent. If the Board takes action based on such an admission, it shall include in the record which evidence was the basis for the action.
5. The Board shall determine the time and place of the hearing as soon as reasonably practical after receiving the respondent’s answer. The Board shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the hearing.
6. The Board may delegate the authority to conduct one or more disciplinary hearings to a hearing officer. If it does so, the hearing officer shall within 30 days after the date of a hearing submit findings of fact and proposed conclusions of law and recommendations to the Board for its determination.
7. At the time and place fixed in the notice, the Board or the hearing officer shall proceed to hear the charges.
8. The Board or hearing officer may grant a continuance of a hearing upon a showing of good cause.
[Part 18:85:1947; A 1953, 323]—(NRS A 1969, 95; 1973, 686; 1977, 94, 384; 1981, 103; 1985, 1341)