NRS463.312. Contents and service of complaint; answer; effect of failure to answer or appear; notice of hearing.

      1.  The complaint referred to in NRS 463.310 and 464.080 must be a written statement of charges which must set forth in ordinary and concise language the acts or omissions with which the respondent is charged. It must specify the statutes and regulations which the respondent is alleged to have violated, but must not consist merely of charges raised in the language of the statutes or regulations.

      2.  Upon the filing of the complaint, the Commission shall serve a copy of the complaint upon the respondent either personally, or by registered or certified mail at the address of the respondent that is on file with the Commission.

      3.  Except as provided in subsection 4, the respondent must answer within 20 days after the service of the complaint. In the answer the respondent:

      (a) Must state in short and plain terms the defenses to each claim asserted.

      (b) Must admit or deny the facts alleged in the complaint.

      (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.

      (d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.

      (e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing and to judicial review of any decision or order of the Commission, but the Commission may order a hearing even if the respondent so waives his or her right.

      4.  Failure to answer or to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The Commission may take action based on such an admission and on other evidence without further notice to the respondent. If the Commission takes action based on such an admission, it shall include in the record which evidence was the basis for the action.

      5.  The Commission shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondent’s answer. The Commission shall deliver or send by registered or certified mail a notice of hearing to all parties at least 10 days before the hearing.

      (Added to NRS by 1959, 443; A 1960, 299; 1967, 1032, 1283; 1969, 95; 1975, 681; 1979, 777; 1983, 1555)