NRS116.770. Procedure for hearing complaints: Time for holding hearing; continuances; notices; evidence; answers; defaults.

      1.  Except as otherwise provided in subsection 2, if the Administrator files a formal complaint with the Commission, the Commission or a hearing panel shall hold a hearing on the complaint not later than 90 days after the date that the complaint is filed.

      2.  The Commission or the hearing panel may continue the hearing upon its own motion or upon the written request of a party to the complaint, for good cause shown, including, without limitation, the existence of proceedings for mediation or arbitration or a civil action involving the facts that constitute the basis of the complaint.

      3.  The Division shall give the respondent written notice of the date, time and place of the hearing on the complaint at least 30 days before the date of the hearing. The notice must be:

      (a) Delivered personally to the respondent or mailed to the respondent by certified mail, return receipt requested, to his or her last known address.

      (b) Accompanied by:

             (1) A copy of the complaint; and

             (2) Copies of all communications, reports, affidavits and depositions in the possession of the Division that are relevant to the complaint.

      4.  At any hearing on the complaint, the Division may not present evidence that was obtained after the notice was given to the respondent pursuant to this section, unless the Division proves to the satisfaction of the Commission or the hearing panel that:

      (a) The evidence was not available, after diligent investigation by the Division, before such notice was given to the respondent; and

      (b) The evidence was given or communicated to the respondent immediately after it was obtained by the Division.

      5.  The respondent must file an answer not later than 30 days after the date that notice of the complaint is delivered or mailed by the Division. The answer must:

      (a) Contain an admission or a denial of the allegations contained in the complaint and any defenses upon which the respondent will rely; and

      (b) Be delivered personally to the Division or mailed to the Division by certified mail, return receipt requested.

      6.  If the respondent does not file an answer within the time required by subsection 5, the Division may, after giving the respondent written notice of the default, request the Commission or the hearing panel to enter a finding of default against the respondent. The notice of the default must be delivered personally to the respondent or mailed to the respondent by certified mail, return receipt requested, to his or her last known address.

      (Added to NRS by 2003, 2215)