Duties of Commissioner when complaint is filed.
1. If a person properly files a complaint with the Commissioner pursuant to NRS 645B.600, the Commissioner shall investigate each violation alleged in the complaint, unless the Commissioner has previously investigated the alleged violation.
2. Except as otherwise provided in subsection 2 of NRS 645B.090, if the Commissioner does not conduct an investigation of an alleged violation pursuant to subsection 1 because he previously has investigated the alleged violation, the Commissioner shall provide to the person who filed the complaint a written summary of the previous investigation and the nature of any disciplinary action that was taken as a result of the previous investigation.
3. If the Commissioner conducts an investigation of an alleged violation pursuant to subsection 1, the Commissioner shall determine from the investigation whether there is reasonable cause to believe that the person committed the alleged violation.
4. If, upon investigation, the Commissioner determines that there is not reasonable cause to believe that the person committed the alleged violation, the Commissioner shall provide the reason for his determination, in writing, to the person who filed the complaint and to the person alleged to have committed the violation.
5. Except as otherwise provided in subsection 6, if, upon investigation, the Commissioner determines that there is reasonable cause to believe that the person committed the alleged violation, the Commissioner shall:
(a) Schedule a hearing concerning the alleged violation;
(b) Mail to the last known address of the person who filed the complaint written notice that must include, without limitation:
(1) The date, time and place of the hearing; and
(2) A statement of each alleged violation that will be considered at the hearing; and
(c) By personal service in accordance with the Nevada Rules of Civil Procedure and any applicable provision of NRS, serve written notice of the hearing to the person alleged to have committed the violation. The written notice that is served pursuant to this paragraph must include, without limitation:
(1) The date, time and place of the hearing;
(2) A copy of the complaint and a statement of each alleged violation that will be considered at the hearing; and
(3) A statement informing the person that, pursuant to NRS 645B.760, if he fails to appear, without reasonable cause, at the hearing:
(I) He is guilty of a misdemeanor; and
(II) The Commissioner is authorized to conduct the hearing in his absence, draw any conclusions that the Commissioner deems appropriate from his failure to appear and render a decision concerning each alleged violation.
6. If the Commissioner enters into a written consent agreement settling or resolving the alleged violation, the Commissioner shall provide a copy of the written consent agreement to the person who filed the complaint.
7. The Commissioner may:
(a) Investigate and conduct a hearing concerning any alleged violation, whether or not a complaint has been filed.
(b) Hear and consider more than one alleged violation against a person at the same hearing.
Last modified: February 27, 2006