Nevada Administrative Code

NAC 281A.110 Severability. (NRS 281A.290) 1. The provisions of this chapter are hereby declared to be severable. 2. If any provision of this chapter is held invalid, or if the application of any such provision to any person, thing or circumstance is held invalid, such invalidity …

NAC 281A.150 Election of Chair and Vice Chair. (NRS 281A.290) The Commission will elect a Chair and a Vice Chair from among its members at its first meeting of each new fiscal year. (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003)—(Substitut…

NAC 281A.155 Powers and duties of Chair. (NRS 281A.290) The Chair: 1. Except as otherwise provided in this chapter, shall preside over the meetings and hearings of the Commission. 2. Unless otherwise directed by the Commission, shall monitor and direct litigation except decisions…

NAC 281A.160 Duties of Vice Chair. (NRS 281A.290) The Vice Chair shall perform the duties of the Chair during the absence of the Chair. (Added to NAC by Comm’n on Ethics, eff. 12-24-85; A by R038-98, 4-17-98; R102-00, 8-28-2000)—(Substituted in revision for NAC 281.027)

NAC 281A.165 Vacancy in office of Chair. (NRS 281A.290) If the office of Chair becomes vacant, the Vice Chair shall serve as the Acting Chair until the next meeting of the Commission, at which time the Commission will elect a successor to fill the unexpired term of the Chair. (Ad…

NAC 281A.170 Vacancy in office of Vice Chair. (NRS 281A.290) If the office of the Vice Chair becomes vacant, a successor will be elected by the Commission at its next meeting to fill the unexpired term of the Vice Chair. (Added to NAC by Comm’n on Ethics, eff. 12-24-85; A by R102…

NAC 281A.175 Appointment of temporary Acting Chair or Vice Chair in certain circumstances. (NRS 281A.290) If both the Chair and Vice Chair are disqualified or recused from participating in a matter, the Commission may appoint a temporary Acting Chair or Vice Chair, or both, for t…

NAC 281A.177 Review panels: Presiding officer; vacancies; tie votes. (NRS 281A.290) 1. The Chair shall appoint a member of a review panel to serve as the presiding officer of the review panel. 2. Except as otherwise provided in subsection 4, if a single vacancy occurs in the memb…

NAC 281A.180 Duties of Executive Director. (NRS 281A.290) In addition to any other duties of the Executive Director required by this chapter or chapter 281A of NRS, or as otherwise imposed by the Commission, the Executive Director shall: 1. Pursuant to paragraph (f) of subsection…

NAC 281A.195 Participation of member of Commission in ex parte communication. (NRS 281A.290) 1. If any member of the Commission participates in an ex parte communication, the member must disclose to the Commission that he or she participated in an ex parte communication. 2. If a …

NAC 281A.200 Meetings of Commission: Majority required; necessary quorum reduced for ineligible member. (NRS 281A.290) 1. A meeting of the Commission will not proceed without a majority of the appointed and sworn members of the Commission present. Except as otherwise provided in …

NAC 281A.210 Meetings of Commission: Executive Director and Commission Counsel to provide information or materials. (NRS 281A.290) Unless otherwise directed or authorized by the Chair, at least 1 week before the date on which the Commission is scheduled to hold a meeting, the Exe…

NAC 281A.250 Provisions governing practice and procedure: Applicability; construction; deviation. (NRS 281A.290) 1. Except as otherwise provided in subsection 3, the provisions of NAC 281A.250 to 281A.310, inclusive, govern all practice and procedure before the Commission. 2. The…

NAC 281A.255 Written communications and documents: Form or format and manner of submission; inclusion of required or specified copies, documents and exhibits; date of filing. (NRS 281A.290) 1. Each written communication or document filed with the Commission must: (a) Be on the fo…

NAC 281A.260 Consolidation of requests for advisory opinion or ethics complaints. (NRS 281A.290) The Commission or the Chair may consolidate, in whole or in part, two or more requests for an advisory opinion or two or more ethics complaints if the Commission or the Chair determin…

NAC 281A.263 Motion to disqualify member of Commission for good cause. (NRS 281A.290) 1. The Executive Director or the subject may submit a motion to disqualify a member of the Commission from participating in a hearing for good cause. 2. Except as otherwise provided in this subs…

NAC 281A.265 Motions. [Replaced in revision by NAC 281A.442.]

NAC 281A.270 Discovery. [Replaced in revision by NAC 281A.444.]

NAC 281A.275 Stipulations of fact; resolution of matter without hearing. [Replaced in revision by NAC 281A.446.]

NAC 281A.280 Oaths. (NRS 281A.290) 1. The presiding officer may administer oaths. 2. A court reporter present at meetings and hearings may administer oaths. (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003; R108-18, 8-30-2018)—(Substituted in…

NAC 281A.285 Subpoenas. [Replaced in revision by NAC 281A.448.]

NAC 281A.290 Testimony in person required; exceptions. (NRS 281A.290) A subject or other witness before the Commission shall testify in person, except that the Commission may, for good cause shown: 1. Allow a witness to testify by telephone or videoconference; or 2. If the witnes…

NAC 281A.295 Conduct of persons at meetings and hearings; consequences of improper conduct. (NRS 281A.290) 1. All persons appearing before, or attending a meeting or hearing of, the Commission shall conduct themselves in a polite, respectful and orderly manner. Smoking is not all…

NAC 281A.300 Representation of subject by legal counsel. (NRS 281A.290) A subject may retain legal counsel to represent him or her concerning any request for an advisory opinion or ethics complaint, including, without limitation, during: 1. Any investigation of an ethics complain…

NAC 281A.310 Determination of relationships within third degree of consanguinity or affinity. (NRS 281A.290) 1. For the purposes of NRS 281A.065, the Commission will determine the relationships of a public officer or employee, or the spouse or domestic partner of the public offic…

NAC 281A.350 Requirements for filing request for advisory opinion; determination regarding jurisdiction and compliance with filing requirements. (NRS 281A.290, 281A.675) 1. A request for an advisory opinion must be filed on the form and with the information required pursuant to s…

NAC 281A.351 Determination of lack of jurisdiction or compliance with filing requirements: Notification; submission of supplemental information; motion to review determination. (NRS 281A.290, 281A.675) 1. If the Executive Director and Commission Counsel determine that the Commiss…

NAC 281A.352 Determination of jurisdiction and compliance with filing requirements: Notice of whether Commission will hold advisory-opinion hearing or take matter under submission; notice of advisory-opinion hearing; proposed findings of fact. (NRS 281A.290, 281A.675) 1. If the E…

NAC 281A.353 Consideration of request for advisory opinion by Commission: Deadline; waiver of time limit by subject; effect of failure to respond to notice of or appear at advisory-opinion hearing. (NRS 281A.290, 281A.680) 1. Except as otherwise provided in this section, a reques…

NAC 281A.355 Withdrawal of request for advisory opinion. (NRS 281A.290) At any time before the Commission holds an advisory-opinion hearing in the matter or takes the matter under submission without holding an advisory-opinion hearing, the subject who filed the request for an adv…

NAC 281A.360 Determination regarding jurisdiction: Conduct by Executive Director and Commission Counsel; notification; request for review by Commission. [Replaced in revision by NAC 281A.351.]

NAC 281A.361 Motions: Generally. (NRS 281A.290) 1. Except as otherwise provided in subsection 5 and NAC 281A.263 and 281A.351, the subject who filed the request for an advisory opinion may not file any written motion with the Commission relating to the request for an advisory opi…

NAC 281A.363 Subpoenas. (NRS 281A.290, 281A.300) 1. In accordance with NRS 281A.300, the Commission may issue a subpoena to compel the attendance of a witness and the production of any books and papers for any hearing before the Commission to consider any matter related to a requ…

NAC 281A.365 Conduct of advisory-opinion hearings; waiver of provisions. (NRS 281A.290) 1. The presiding officer of an advisory-opinion hearing that was determined to be held pursuant to NAC 281A.352 shall: (a) Ascertain whether the subject who filed the request for an advisory o…

NAC 281A.370 Stay, continuance or dismissal of request for advisory opinion if related litigation or ethics complaint filed; rendering and effect of oral advisory opinion. (NRS 281A.290, 281A.680) 1. The Commission may, by order, stay, continue or dismiss a request for an advisor…

NAC 281A.375 Written advisory opinion; abstract. (NRS 281A.260, 281A.290, 281A.680) 1. The Commission: (a) Will direct the Commission Counsel to prepare a written advisory opinion for an oral opinion rendered by the Commission pursuant to NAC 281A.370 in a matter that constitutes…

NAC 281A.403 Initiation of ethics complaint upon motion of Commission. (NRS 281A.290, 281A.710) 1. If the Executive Director receives information that leads the Executive Director reasonably to conclude that a public officer or public employee may have committed a violation of ch…

NAC 281A.405 Requirements for filing ethics complaint; determinations and notification regarding jurisdiction and compliance with filing requirements; related powers and duties of Executive Director and Commission Counsel. (NRS 281A.290, 281A.710, 281A.715) 1. An ethics complaint…

NAC 281A.407 Withdrawal of ethics complaint. (NRS 281A.290) 1. Except as otherwise provided in subsection 3, a requester of an ethics complaint may submit a written request to the Commission to withdraw the ethics complaint: (a) Without the consent of the Executive Director, at a…

NAC 281A.410 Investigation of ethics complaint: Notification of subject; filing of waiver or response by subject; effect of waiver; deadline for completion and presentation of recommendation to review panel. (NRS 281A.290, 281A.720, 281A.725, 281A.750) 1. If the Executive Directo…

NAC 281A.415 Investigation of additional issues and facts by Executive Director; provision of additional notice to subject. (NRS 281A.290, 281A.720) 1. The Executive Director may investigate relevant issues and facts beyond those presented in an ethics complaint in determining hi…

NAC 281A.425 Review panel: Confidentiality of proceedings. (NRS 281A.290, 281A.735) 1. The proceedings of a review panel, including, without limitation, proceedings relating to a deferral agreement, are confidential pursuant to NRS 281A.735. 2. Except as otherwise provided in thi…

NAC 281A.430 Review panel: Considerations; determination. (NRS 281A.290, 281A.730) 1. At the proceedings of a review panel on an ethics complaint, the review panel shall consider: (a) The written recommendation of the Executive Director presented pursuant to NAC 281A.410; (b) The…

NAC 281A.440 Review panel: Preparation, contents and service of determination. (NRS 281A.290) 1. The Executive Director shall prepare, in writing, the determination made by the review panel pursuant to NAC 281A.430. 2. A determination of a review panel prepared pursuant to subsec…

NAC 281A.442 Motions: Generally. (NRS 281A.290) 1. Except as otherwise provided in subsection 7 and NAC 281A.263 and 281A.444, a party may file a written motion with the Commission relating to an ethics complaint: (a) If a scheduling order has been issued in the matter by the Com…

NAC 281A.444 Discovery. (NRS 281A.290) 1. The provisions for civil discovery set forth in N.R.C.P. 26 to 37, inclusive, do not apply to ethics complaints. Upon the request of a party, for good cause shown, the Commission Counsel, on behalf of the Commission, may allow discovery r…

NAC 281A.446 Stipulations of fact; disposition of ethics complaint without adjudicatory hearing. (NRS 281A.290) 1. A party may stipulate to any fact in issue. The stipulation must be in writing or made by oral statement on the record. 2. At its discretion and with the agreement o…