1. If the Board receives information that
leads the Executive Director and an attorney for the Board to conclude that a
licensee may have engaged in conduct that is grounds for disciplinary action
pursuant to NRS
631.350, the Executive Director and attorney
for the Board may submit to the Board a written recommendation that the Board
initiate an investigation upon its own motion. Such a written recommendation
must:
(a) List each allegation that
constitutes grounds for disciplinary action pursuant to
NRS
631.350;
(b) Provide evidence for each such
allegation, which may include, without limitation, statements of witnesses,
public or private records, audio or visual recordings, documents, exhibits or
other evidence;
(c) Redact any
personally identifiable information of the person who is the subject of the
recommendation; and
(d) Be
accompanied by an attestation from the Executive Director and the attorney for
the Board that the Executive Director and the attorney:
(1) Are aware of the identity of the person
who is the subject of the recommendation; and
(2) Will not disclose the identity of the
person to:
(I) Any screening consultant
appointed pursuant to section 4; or
(II) The review panel appointed pursuant to
NRS
631.3635 or any member thereof.
2. If the
Board determines, upon receiving a recommendation to initiate an investigation
upon its own motion pursuant to subsection 1, that:
(a) The Board lacks jurisdiction over the
matter or the recommendation does not set forth facts which, if proven, would
constitute grounds for initiating disciplinary action, the Board will reject
the recommendation without prejudice.
(b) The Board has jurisdiction over the
matter and the recommendation sets forth facts which, if proven, would
constitute grounds for initiating disciplinary action, the Board will initiate
a complaint and refer the complaint to the Executive Director for the
appointment of an investigator pursuant to NAC
631.250.
3. A referral of a complaint to the Executive
Director pursuant to paragraph (b) of subsection 2 must:
(a) List each allegation that constitutes
grounds for disciplinary action pursuant to
NRS
631.350; and
(b) Provide evidence for each such
allegation, which may include, without limitation, statements of witnesses,
public or private records, audio or visual recordings, documents, exhibits or
other evidence.
Added
to NAC by Bd. of Dental Exam'rs by
R073-22A,
eff. 11/1/2024
