Nevada Administrative Code

NAC 641C.440 Unprofessional conduct. (NRS 641C.200, 641C.700) 1. Any violation of this chapter by a counselor or certified intern constitutes unprofessional conduct and subjects the counselor or certified intern to disciplinary action by the Board. 2. If a counselor or certified …

NAC 641C.445 “Professional incompetence” interpreted. (NRS 641C.200, 641C.700) 1. For the purposes of subsection 4 of NRS 641C.700, the Board will interpret the term “professional incompetence” to mean a lack of knowledge, skill or ability in discharging a professional obligation…

NAC 641C.450 Acts constituting professional incompetence. (NRS 641C.200, 641C.700) For the purposes of subsection 4 of NRS 641C.700, the Board will consider the following acts by a counselor or certified intern to constitute professional incompetence: 1. Performing services for a…

NAC 641C.500 Classification of parties. (NRS 641C.200) Parties to proceedings before the Board must be styled the “applicant,” “complainant,” “petitioner,” “protestant” or “respondent,” according to the nature of the proceedings and the relationship of the parties. In any proceed…

NAC 641C.505 Appearance by staff. (NRS 641C.200) Any member of the staff may appear at any proceeding before the Board and may participate as a party to a proceeding. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.510 Appearance by party. (NRS 641C.200) A party shall enter his or her appearance in a proceeding before the Board at the beginning of the hearing or at any other time designated by the presiding officer of the Board. A party shall enter his or her appearance by entering…

NAC 641C.520 Attendance and representation of parties. (NRS 641C.200) 1. Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney. 2. A party shall attend a hearing on the merits in person unless the presiding officer waives the re…

NAC 641C.525 Withdrawal of attorney. (NRS 641C.200) An attorney of record who wishes to withdraw from a proceeding before the Board must, in writing, immediately notify the Board or its presiding officer, the party whom the attorney represents and all other parties to the proceed…

NAC 641C.530 Captions. (NRS 641C.200) A pleading before the Board must be styled as an “application,” “petition,” “complaint” or “answer” according to the nature of the pleading. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.535 Execution. (NRS 641C.200) A pleading, other than a petition, must be signed by the person who is submitting the pleading. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.540 Construction. (NRS 641C.200) The Board will construe all pleadings so as to administer justice between the parties, and the Board will, and its presiding officer shall, at every stage of any proceeding, disregard errors or defects in the pleadings or proceeding which…

NAC 641C.545 Applications. (NRS 641C.200) A pleading which requests a license or certificate or approval from the Board must be styled as an “application.” Such a pleading must set forth the full name and address of the applicant and must contain such facts and exhibits as may be…

NAC 641C.550 Petitions. (NRS 641C.200) 1. A pleading in which a party prays for affirmative relief, excluding an application, complaint or answer but including a request for a declaratory order, an advisory opinion or the adoption, amendment or repeal of any regulation of the Boa…

NAC 641C.555 Complaints: Filing and resolution. (NRS 641C.200, 641C.720) 1. A person may file an accusation with the Board concerning the acts or services provided by a counselor or certified intern. The Board will initially consider any accusation regarding a counselor or certif…

NAC 641C.560 Complaints: Confidentiality of information during investigation. (NRS 641C.200, 641C.760) 1. Except as otherwise provided in this subsection, the staff, legal counsel and investigator, if any, shall keep all information gathered during an investigation of a complaint…

NAC 641C.565 Motions. (NRS 641C.200) 1. A motion concerning any matter before the Board must be made in writing, unless the motion is made during the hearing on that matter. The Board may deny a motion made during a hearing if the motion could have reasonably been made before the…

NAC 641C.570 Filing pleadings and motions. (NRS 641C.200) An original and two legible copies of each pleading, motion or other paper related to any proceeding or hearing before the Board must be filed with the Board. The Board may direct a party who is filing a pleading, motion o…

NAC 641C.575 Method of service. (NRS 641C.200) The Board will serve a notice, advisory opinion, declaratory order or other document by mail or in person. If the Board serves a notice, advisory opinion, declaratory order or other document by mail, the Board will consider service t…

NAC 641C.580 Proof of service. (NRS 641C.200) Each document filed with the Board in a matter before the Board must include an acknowledgment or proof of service to all other parties involved in the matter. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R09…

NAC 641C.585 Discovery of witnesses and evidence. (NRS 641C.200) 1. Not less than 10 days after the filing of the response by the respondent to the formal complaint, a party to the matter may serve upon any other party to the matter a written demand for: (a) Copies of all documen…

NAC 641C.587 Prehearing conference. (NRS 641C.200) The presiding officer may order a prehearing conference and may enter such prehearing orders as the presiding officer determines are appropriate for the efficient conduct of the hearing, including, without limitation: 1. The exch…

NAC 641C.588 Rulings on preliminary matters. (NRS 641C.200) 1. The presiding officer may issue rulings on all preliminary matters, including, without limitation, scheduling matters, protective orders, the admissibility of evidence, and other procedural or prehearing matters. 2. A…

NAC 641C.590 Notice of hearing. (NRS 641C.200) 1. The Board will serve a notice of a hearing at least 10 days before the date set for the hearing. A hearing which has previously been continued may be reset for hearing on advance notice of at least 3 days. 2. If a notice of hearin…

NAC 641C.595 Failure to appear. (NRS 641C.200) If a party in a matter before the Board fails to appear at a hearing scheduled for the matter and no continuance for the hearing has been granted, the Board may hold the hearing without the absent party, hear the testimony of the wit…

NAC 641C.600 Procedure at hearing; inclusion of certain documents in record; posthearing briefs. (NRS 641C.200) 1. The presiding officer of the Board in a hearing shall call the hearing to order, take the appearances of witnesses and act upon any pending motions or petitions. 2. …

NAC 641C.605 Conduct. (NRS 641C.200) At a hearing or any other proceeding before the Board, the parties, their counsels, if any, the witnesses and any spectators shall conduct themselves in a respectful manner. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors b…

NAC 641C.615 Stipulations. (NRS 641C.200) With the approval of the presiding officer of the Board, parties to a matter before the Board may stipulate to any fact at issue by a written stipulation introduced into evidence as an exhibit or by an oral statement shown upon the record…

NAC 641C.620 Official notice. (NRS 641C.200) In addition to the materials set forth in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, standards, records or files of the Board, of any state agency in this State…

NAC 641C.625 Decision by Board. (NRS 641C.200) 1. After the Board has publicly deliberated and voted upon a matter before the Board, the presiding officer of the Board may direct a party to the matter to draft the findings of fact, conclusions of law and any orders made by the Bo…

NAC 641C.630 Petition for rehearing. (NRS 641C.200) 1. Not later than 10 days after the date on which the Board decides or issues an order on a matter before the Board, a party who is aggrieved by the decision or order may apply for a rehearing by filing with the Board a written …

NAC 641C.632 Action by Board after hearing. (NRS 641C.200) 1. After a hearing on the merits in a disciplinary proceeding, if the Board finds that the respondent is: (a) Not guilty as charged in the formal complaint, the Board will issue a final order or decision dismissing the ch…

NAC 641C.635 Petition for declaratory order or advisory opinion: Scope of consideration. (NRS 641C.200) The Board will consider petitions for declaratory orders or advisory opinions regarding the applicability of any statutory provision or any regulation or order of the Board. (A…

NAC 641C.640 Petition for declaratory order or advisory opinion: Action by Board. (NRS 641C.200) 1. Upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at the next regularly scheduled meeting of th…

NAC 641C.645 Petition for declaratory order or advisory opinion: Preparation of order or opinion; notice to petitioner. (NRS 641C.200) 1. If the Board determines that it should address any issue set forth in a petition for a declaratory order or an advisory opinion, the presiding…

NAC 641C.650 Petition for declaratory order or advisory opinion: Violation of order or opinion. (NRS 641C.200) Any act by a counselor or certified intern in contradiction to or violation of a finding of fact, conclusion of law or order made by the Board, or of a declaratory order…

NAC 641C.655 Petition for adoption, amendment or repeal of regulation. (NRS 641C.200) 1. A petition for the adoption, amendment or repeal of a regulation of the Board must be in writing, prepared in a form approved by the Board and filed with the Board. 2. Except as otherwise pro…

NAC 641D.090 Adoption by reference of certain requirements and standards; most current version of adopted requirements or standards deemed adopted; exception. (NRS 641D.240, 641D.250, 641D.360, 641D.610) 1. The following publications are hereby adopted by reference as they existe…

NAC 641D.100 Requirements for licensure or registration; issuance of provisional license; issuance of proof of licensure. (NRS 641D.240, 641D.250, 641D.310) 1. The Division shall issue a license as a behavior analyst or assistant behavior analyst or registration as a registered b…

NAC 641D.120 Examinations. (NRS 641D.240, 641D.250) 1. Each applicant for a license as a behavior analyst or assistant behavior analyst must pass an examination administered by the Division which tests the applicant’s knowledge of the laws and regulations governing the practice o…

NAC 641D.140 Notification of need for renewal of license or registration; certification of continuing education. (NRS 641D.240, 641D.250, 641D.310, 641D.360, 641D.710) 1. Before the expiration of a license or registration, the Division shall notify the licensee or registrant of t…

NAC 641D.160 Continuing education. (NRS 641D.240, 641D.250, 641D.360) 1. A behavior analyst must complete, before each renewal of his or her license: (a) The continuing education prescribed by the publication adopted by reference in paragraph (a) of subsection 1 of NAC 641D.090; …

NAC 641D.180 Placement of license on inactive status; restoration of inactive license to active status. (NRS 641D.240, 641D.250) 1. A behavior analyst or assistant behavior analyst may have his or her license placed on inactive status for not more than 3 years by submitting a wri…

NAC 641D.200 Fees. (NRS 641D.240, 641D.250, 641D.300, 641D.340, 641D.350, 641D.360, 641D.380, 641D.880) The division shall charge and collect the following fees: 1. Application for licensure as a behavior analyst or assistant behavior analyst......................................…

NAC 641D.300 Supervision of assistant behavior analyst and registered behavior technician. (NRS 641D.240, 641D.610) 1. Supervision of: (a) An assistant behavior analyst pursuant to NRS 641D.610 must comply with the publication adopted by reference in paragraph (c) of subsection 1…

NAC 641D.600 Additional grounds for disciplinary action upon conviction of certain crimes; suspension of license or registration and notification of Division upon certain criminal charges; evidentiary standard for disciplinary action. (NRS 641D.240, 641D.710) 1. In addition to th…

NAC 642.010 Definitions. (NRS 642.063) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 642.015 and 642.020 have the meanings ascribed to them in those sections. (Added to NAC by Funeral Bd. by R043-02, eff. 11-26-2003) REVISER’S …

NAC 642.015 “Continuing education” defined. (NRS 642.063) “Continuing education” means educational experiences in the form of a workshop, seminar, lecture, conference, class, meeting of the Board or other course of instruction related to the funeral industry. (Added to NAC by Fun…