Procedure after investigation completed.
1. After the investigation of the complaint is completed, the member of the Board who conducted the investigation shall submit to the Board a written report of his findings and recommendations concerning the disposition of the complaint.
2. If the Board determines that there is not sufficient evidence to believe that a licensee has committed an act which constitutes a cause for disciplinary action, the Board shall dismiss the complaint and send a written notice to the person who filed the complaint and the licensee who was the subject of the investigation that the complaint was dismissed.
3. If the Board determines that there is sufficient evidence to believe that a licensee has committed an act which constitutes a ground for disciplinary action, the Board may enter into a settlement agreement with the licensee. The settlement agreement must be signed by the licensee and the President of the Board. The Board shall send a written notice of the settlement to the person who filed the complaint against the licensee. The notice must include a copy of the settlement agreement. The complaint and the settlement agreement are public records.
4. If the Board does not enter into a settlement agreement with the licensee, the Board shall:
(a) Cause an accusation to be filed against the licensee. The accusation must:
(1) Include a written statement of the charges alleged;
(2) Set forth in ordinary and concise language the acts or omissions with which the licensee is charged;
(3) Specify the statutes and regulations which the licensee is alleged to have violated; and
(4) Be signed by the President of the Board.
(b) Fix a time and place for a hearing and so notify the licensee at least 30 days before the date of the hearing. The notice must include a copy of the accusation and any disciplinary action the Board may impose pursuant to NRS 638.147.
Last modified: February 27, 2006