Nevada Administrative Code
Chapter 455 - Excavations and Demolitions
ADMINISTRATIVE PROCEEDINGS AND PRACTICE
Complaints
Section 455.315 - Response; failure to respond

Universal Citation: NV Admin Code 455.315

Current through December 31, 2024

1. A respondent who is served with a complaint in accordance with NAC 455.310 shall file with the Commission a written response to the complaint within 15 calendar days after service of the complaint unless, for good cause shown, the Commission extends the time for responding.

2. The response must include, without limitation:

(a) A copy of the record of the notification transmitted by the association for operators to operators pursuant to the provisions of subsection 1 of NAC 455.120, if applicable;

(b) Any extensions granted pursuant to the provisions of NAC 455.165;

(c) Correspondence and photographs;

(d) A response to each material allegation of the complaint; and

(e) A full statement of the facts and matters of law relied upon as a defense.

3. If the respondent is without knowledge or information sufficient to form a belief as to the truth of an allegation, the respondent shall state that fact, which shall be deemed a denial of the allegation. If the respondent intends in good faith to qualify or deny only part of an allegation, the respondent shall specify so much of the allegation as the respondent believes is true and deny the remainder of the allegation.

4. The response must:

(a) Be signed by the respondent or, if represented, by his or her attorney or other authorized representative.

(b) Include the full name, address, electronic mail address and telephone number of the respondent and, if represented, the name, address, electronic mail address and telephone number of his or her attorney or other authorized representative.

5. An unexcused failure of the respondent to respond to the complaint within the prescribed time may be deemed by the Commission or presiding officer as an admission by the respondent of all relevant facts stated in the complaint. If all relevant facts are deemed admitted to pursuant to this subsection, the Commission or presiding officer may conduct a hearing to impose a civil penalty against the respondent pursuant to NRS 455.170.

Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013; A by R115-24A, eff. 9/16/2024

NRS 703.025, 704.260, 704.280

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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