Current through December 12, 2024
1. Not later than 30 days after receiving a
complaint filed pursuant to NAC
631.240, an attorney for the
Board shall determine whether the Board has jurisdiction over the complaint and
whether the allegations in the complaint warrant an investigation pursuant to
NAC 631.250. If the attorney
determines that:
(a) The Board lacks
jurisdiction over the complaint or the complaint does not set forth facts
which, if proven, would constitute grounds for initiating disciplinary action,
the attorney shall:
(1) Refer the complaint to
the review panel appointed pursuant to
NRS
631.3635, accompanied by a written
recommendation to dismiss the complaint; and
(2) Provide to the review panel a copy of the
complaint from which all personally identifiable information concerning the
person who is the subject of the complaint has been redacted.
(b) The Board has jurisdiction
over the complaint and the complaint sets forth facts which, if proven, would
constitute grounds for initiating disciplinary action, the attorney shall refer
the complaint to the Executive Director for the appointment of an investigator
pursuant to NAC 631.250. The referred complaint
must be accompanied by written notice of the decision of the
attorney.
2. Any written
recommendation pursuant to subsection 1 must include an attestation by the
attorney for the Board that the attorney:
(a)
Has not communicated with any person concerning the subject matter of the
complaint; and
(b) Has not been
unduly influenced in his or her decision concerning the complaint.
3. Not later than 45 days after
receiving a recommendation to dismiss a complaint from an attorney for the
Board pursuant to paragraph (a) of subsection 1, a review panel shall:
(a) Reject the recommendation and refer the
complaint to the Executive Director for the appointment of an investigator
pursuant to NAC 631.250, accompanied by written
notice of the decision; or
(b)
Accept the recommendation and dismiss the complaint.
4. Any determination made pursuant to
subsection 3 must include an attestation by each member of the review panel
that the member:
(a) Has no knowledge of the
identity of the person who is the subject of the complaint;
(b) Has not communicated with any person
concerning the subject matter of the complaint; and
(c) Has not been unduly influenced in his or
her decision concerning the complaint.
Added
to NAC by Bd. of Dental Exam'rs by
R073-22A,
eff. 11/1/2024
NRS
631.190,
631.360,
631.3635
