1. 1. If the Board proceeds with disciplinary action pursuant to NRS 678A.510, the Board or the Executive Director shall serve a complaint upon the respondent.

2. 2. A complaint served pursuant to subsection 1 must be served upon the respondent:

   1. (a) Personally;
   2. (b) By registered or certified mail at the address of the respondent that is on file with the Board; or
   3. (c) If the respondent has expressly agreed to service by electronic means, by electronic means.

3. 3. A complaint served pursuant to subsection 1 must:

   1. (a) Specify the statutes and regulations which the respondent is alleged to have violated.
   2. (b) Set forth a short and plain statement of the matters asserted, including, without limitation, the acts or omissions with which the respondent is charged.

   3. (c) If the respondent is alleged to have committed multiple violations consisting of the same or a similar act, omission or course of conduct, charge those violations as a single alleged violation if the violations:

      1. (1) Are closely related in time, place and circumstance; and
      2. (2) Were all discovered in the course of a single audit, inspection or investigation.
   4. (d) Specify the penalty being sought against the respondent.
   5. (e) Provide notice of the right of the respondent to request a hearing.
4. 4. The Chair of the Board may grant an extension to respond to the complaint for good cause. Unless granted such an extension, the respondent must, within 21 days after the service of the complaint, answer the complaint in accordance with subsection 5.

5. 5. In the answer to a complaint, the respondent:

   1. (a) Must state in short and plain terms the defenses to each claim asserted.
   2. (b) Must admit or deny the facts alleged in the complaint.
   3. (c) Must state which allegations the respondent is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
   4. (d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
   5. (e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing, the right to request a review of the decision or order of the hearing officer by the Board and the right to judicial review of any decision of the Board.
6. 6. Upon receipt of an answer demanding a hearing or the expiration of the time to answer the complaint, the Board shall assign the matter to a hearing officer.
7. 7. Failure to comply with subsection 4 or, if the respondent has demanded a hearing pursuant to subsection 5, or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The hearing officer may take action based on such an admission and on other evidence without further notice to the respondent. If the hearing officer takes action based on such an admission, the hearing officer shall include in the record which evidence was the basis for the action.
8. 8. The hearing officer shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s answer. The hearing officer shall deliver or send by registered mail, certified mail or, if the parties have expressly agreed to service by electronic means, by electronic means a notice of hearing that complies with NRS 233B.121 to all parties at least 10 days before the hearing. The hearing must be held within 120 days after receiving the respondent’s answer unless an expedited hearing is determined to be appropriate by the Executive Director or the Board, in which event the hearing must be held as soon as practicable. The hearing officer may grant one or more extensions to the 120-day requirement pursuant to a request of a party or an agreement by both parties.

(Added to NRS by 2019, 3784; A 2021, 3148; 2023, 2715; 2025, 2981)