NRS394.311. Filing of notice of complaint for violation; procedure; investigation; hearing; remedies.

      1.  Any person claiming damage either individually or as a representative of a class of complainants as a result of any act by an elementary or secondary educational institution or its agent, or both, which is a violation of the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, may file with the Superintendent a verified complaint against the institution, its agent or both. The complaint must set forth the alleged violation and contain other information as required by regulations of the Board. A complaint may also be filed by the Superintendent on his or her own motion or by the Attorney General.

      2.  The Superintendent shall investigate any verified complaint and may, as part of the investigation, cause an inspection of the elementary or secondary educational institution to be conducted. The Superintendent may attempt to effectuate a settlement by persuasion and conciliation. The Board may consider a complaint after 10 days’ written notice by certified mail to the institution or to the agent, or both, as appropriate, giving notice of a time and place for a hearing.

      3.  If, after consideration of all evidence presented at a hearing, the Board finds that an elementary or secondary educational institution or its agent, or both, has engaged in any act which violates the Private Elementary and Secondary Education Authorization Act or regulations promulgated under it, the Board shall issue and the Superintendent shall serve upon the institution or agent, or both, an order to cease and desist from such act. The Board may also, as appropriate, based on the Superintendent’s investigation or the evidence adduced at the hearing, or both, institute an action to revoke an institution’s license or an agent’s permit.

      (Added to NRS by 1975, 1505; A 1979, 1626; 2007, 191)