NRS622A.320. Answer; amendment of charging document; continuance; inclusion of pleadings in record.

      1.  After being served with the charging document, the licensee may, but is not required to, file an answer to the charging document. The licensee may file such an answer not later than 20 days after the date of service of the charging document.

      2.  The prosecutor may amend the charging document at any time before the hearing. If the prosecutor amends the charging document before the hearing, the prosecutor shall:

      (a) File the amended charging document with the regulatory body or hearing panel or officer; and

      (b) Serve the licensee with the amended charging document.

      3.  After being served with an amended charging document, the licensee may do any or all of the following:

      (a) File an answer to the amended charging document. The licensee may file such an answer not later than 20 days after the date of service of the amended charging document or not later than the date of the hearing, whichever date is sooner.

      (b) Move for a continuance of the hearing. The regulatory body or hearing panel or officer shall grant the continuance if the licensee demonstrates that:

             (1) The amendment materially alters the allegations in the charging document; and

             (2) The licensee does not have a reasonable opportunity to prepare a defense against the amended charging document before the date of the hearing.

      4.  The prosecutor may amend the charging document at the time of the hearing if the amendment is not considered material and the substantial rights of the licensee would not be prejudiced by the amendment.

      5.  The charging document, any amended charging document and any answer filed by the licensee must be made part of the record at the hearing.

      (Added to NRS by 2005, 746)