reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.040 - "Information related to the third-party request for an opinion" defined.(Repealed)

Current through June 11, 2024
Added to
				NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R084-08, 9-18-2008;
				R134-10, 10-26-2011-Substituted in revision for NAC 281.0162; R by
				
				R048-14, eff. 10/24/2014
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.045 - "Investigate" defined

Current through June 11, 2024
"Investigate" means to examine and inquire into a matter and to
				marshal evidence according to those methods and employing those services that
				the Executive Director determines are reasonable and necessary under the
				relevant facts and circumstances presented by the matter.
Added to NAC by Comm'n
				on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC
				281.0163
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.047 - "Investigatory panel" and "panel" defined

Current through June 11, 2024
"Review panel" or "panel" has the meaning ascribed to it in NRS
				281A.162.
Added to NAC by Comm'n
				on Ethics by R186-05, eff. 5-4-2006; A by R134-10, 10-26-2011-Substituted in
				revision for NAC 281A.055; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.0475 - "Jurisdiction" defined

Current through June 11, 2024
1. "Jurisdiction"
			 means the jurisdiction of the Commission prescribed in chapter 281A of
			 NRS.
2. The term includes, without
			 limitation, the authority of the Commission to:
(a) Interpret and apply the provisions of
			 chapter 281A of NRS to specific facts and circumstances presented by a public
			 officer or employee or former public officer or employee regarding his or her
			 past, present or future conduct in an advisory opinion; or
(b) Investigate and take action regarding an
			 ethics complaint.
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.048 - "Just and sufficient cause" defined

Current through June 11, 2024
"Just and sufficient cause" means just and sufficient reason,
				based on credible evidence, for a review panel to refer an ethics complaint to
				the Commission for further proceedings or for a review panel to approve a
				deferral agreement.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.0485 - "Letter of caution" defined

Current through June 11, 2024
"Letter of caution" means a confidential letter issued by the
				Commission or a review panel to a public officer or employee pursuant to NRS
				281A.780 to warn the public officer or employee that his or her conduct as
				alleged in an ethics complaint is sufficient to implicate a violation of
				chapter 281A of NRS.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.049 - "Letter of instruction" defined

Current through June 11, 2024
"Letter of instruction" means a confidential letter issued by
				the Commission or a review panel to a public officer or employee pursuant to
				NRS 281A.780 to advise the public officer or employee regarding the
				applicability of chapter 281A of NRS to his or her conduct.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.050 - "Opinion" defined

Current through June 11, 2024
1. "Opinion" has
			 the meaning ascribed to it in
			 NRS
			 281A.135.
2. The term includes:
(a) An oral advisory opinion rendered
			 pursuant to section 16 of this regulation; and
(b) An oral opinion rendered on an ethics
			 complaint pursuant to section 20 of this regulation.
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.060 - "Party" defined

Current through June 11, 2024
"Party" means the subject of an ethics complaint, the Executive
				Director and any other person who the Commission reasonably determines will be
				treated as a party in a matter if the matter has been referred to the
				Commission by a review panel pursuant to NRS 281A.730 or the Commission vacates
				a deferral agreement pursuant to NRS 281A.740, as applicable.
Added to NAC
				by Comm'n on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R134-10,
				10-26-2011-Substituted in revision for NAC 281.017; A by
				
				R048-14, eff. 10/24/2014; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.065 - "Presiding officer" defined

Current through June 11, 2024
"Presiding officer" means:
1. The Chair;
2. The Vice Chair in matters where the Chair
			 does not participate due to abstention, recusal, disqualification or absence;
			 or
3. A member of the Commission
			 appointed by the Chair to preside over a hearing, review panel or meeting of
			 the Commission.
Added to NAC by Comm'n
				on Ethics by R186-05, eff. 5-4-2006-Substituted in revision for NAC 281.0173; A
				by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018;	A by
				R136-23A,
				eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.070 - "Principal office of the Commission" defined (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				on Ethics by R186-05, eff. 5-4-2006-Substituted in revision for NAC 281.0177; R
				by
				R108-18A,
				eff. 8/21/2018
NRS
				281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.075 - "Proceedings of an investigatory panel" defined (Repealed)

Current through June 11, 2024
Added to NAC
				by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003;
				R186-05, 5-4-2006; R134-10, 10-26-2011-Substituted in revision for NAC
				281.0182; A by
				
				R048-14, eff. 10/24/2014; R by
				R108-18A,
				eff. 8/21/2018
NRS
				281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.080 - "Proper form" defined.(Repealed)

Current through June 11, 2024
Added to
				NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R186-05,
				5-4-2006-Substituted in revision for NAC 281.0184; R by
				
				R048-14, eff. 10/24/2014
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.085 - "Record of the proceedings of an investigatory panel" defined.(Repealed)

Current through June 11, 2024
Added to
				NAC by Comm'n on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000;
				R134-10, 10-26-2011-Substituted in revision for NAC 281.017; R by
				
				R048-14, eff. 10/24/2014
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.088 - "Request for an advisory opinion" defined

Current through June 11, 2024
"Request for an advisory opinion" has the meaning ascribed to
				it in
				NRS
				281A.161.
(Added to NAC by Comm'n
				on Ethics by R134-10, eff. 10-26-2011; A by R108-18, 8-30-2018) - (Substituted
				in revision for NAC
				281A.034)
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.090 - "Requester" defined

Current through June 11, 2024
"Requester" means a specialized or local ethics committee or
				person who files with the Commission an ethics complaint pursuant to paragraph
				(a) or (b) of subsection 1 of NRS 281A.710.
Added to NAC
				by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003;
				R186-05, 5-4-2006; R134-10, 10-26-2011-Substituted in revision for NAC
				281.0192; A by
				
				R048-14, eff. 10/24/2014; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.093 - "Review panel" and "panel" defined

Current through June 11, 2024
"Review panel" or "panel" has the meaning ascribed to it in
				NRS
				281A.162.
(Added to NAC by Comm'n
				on Ethics by R186-05, eff. 5-4-2006; A by R134-10, 10-26-2011; R108-18,
				8-30-2018) - (Substituted in revision for NAC
				281A.047)
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.100 - "Subject" defined

Current through June 11, 2024
"Subject" means a person:
1. With respect to whom an ethics complaint
			 has been filed; or
2. Who files a
			 request for an advisory opinion.
Added to NAC by Comm'n
				on Ethics by R102-00, eff. 8-28-2000; A by R186-05, 5-4-2006; R134-10,
				10-26-2011-Substituted in revision for NAC 281.0198; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018;	A by
				R136-23A,
				eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.101 - "Sufficient evidence to support the allegations in an ethics complaint" defined

Current through June 11, 2024
"Sufficient evidence to support the allegations in an ethics
				complaint" means any reliable and competent form of proof, including, without
				limitation, statements of witnesses, public or private records, audio or visual
				recordings, documents, exhibits, concrete objects or another form of proof,
				that supports a reasonable belief in the truth of the allegations made in the
				ethics complaint.
Added to NAC
				by Comm'n on Ethics by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.103 - "Third-party request for an opinion" defined

Current through June 11, 2024
"Ethics complaint" has the meaning ascribed to it in NRS
				281A.088.
Added to NAC by Comm'n
				on Ethics by R134-10, eff. 10-26-2011; A by
				R108-18A,
				eff. 8/21/2018; A by
				R108-18AP,
				eff. 8/30/2018
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.105 - "Vice Chair" defined

Current through June 11, 2024
"Vice Chair" means the Vice Chair of the Commission.
Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98-Substituted in revision for NAC
				281.021
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › GENERAL PROVISIONS › Section 281A.110 - Severability

Current through June 11, 2024
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
			 does not affect any other provision of this chapter that can be given effect
			 without the invalid provision or application.
Added to NAC by Comm'n
				on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R111-03,
				10-30-2003; R186-05, 5-4-2006-Substituted in revision for NAC
				281.024
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.150 - Election of Chair and Vice Chair

Current through June 11, 2024
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-Substituted in
				  revision for NAC 281.0245
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.155 - Duties of Chair; delegation of assignments

Current through June 11, 2024
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 regarding litigation that the Commission is
				required to make in a meeting, including, without limitation, the decision to
				initiate or settle a case or to appeal an adverse determination in a
				case.
3. Except as otherwise
				provided in NRS
				281A.220,
				281A.240 and
				281A.300, may delegate his or
				her duties to other members of the Commission.
4. May delegate assignments of work to the
				staff of the Commission as necessary and appropriate, including, without
				limitation, the scheduling of review panels.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000; A by R084-08, 9-18-2008; R134-10,
				  10-26-2011-Substituted in revision for NAC 281.0246; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.160 - Duties of Vice Chair

Current through June 11, 2024
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
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.165 - Vacancy in office of Chair

Current through June 11, 2024
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.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC
				  281.029
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.170 - Vacancy in office of Vice Chair

Current through June 11, 2024
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 R102-00, 8-28-2000-Substituted in revision for
				  NAC 281.035
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.175 - Appointment of temporary Acting Chair or Vice Chair in certain circumstances

Current through June 11, 2024
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 the matter.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC
				  281.038
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.177 - Review panels: Presiding officer; vacancies; tie votes

Current through June 11, 2024
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
				membership of a review panel after the Executive Director has presented his or
				her written recommendation in a matter to the review panel pursuant to NRS 281A.725  but before the review panel has made a determination, the remaining
				panel members shall continue to serve on the review panel and act upon any
				pending issues in the matter before the review panel.
3. Except as otherwise provided in subsection
				4, if a vacancy occurs in a majority of the membership of a review panel after
				the Executive Director has presented his or her written recommendation in a
				matter to the review panel pursuant to NRS 281A.725  but before the review panel
				has made a determination, the Chair shall appoint an additional member of the
				Commission to serve as a member of the review panel to establish a majority of
				the membership of the review panel.
4. If any review panel vote results in a tie,
				the Chair shall appoint an additional member of the Commission to serve as a
				member of the review panel, and the review panel shall reconsider the proposed
				action.
Added to
				  NAC by Comm'n on Ethics by
				  R108-18AP,
				  eff. 8/30/2018;	A
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.180 - Duties of Executive Director

Current through June 11, 2024
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 1
				of NRS 281A.240, create a curriculum for training and conduct training for
				public officers and public employees on the requirements of this chapter,
				chapter 281A of NRS and previous opinions of the Commission that have been
				determined by the Commission to have broad educational value.
2. Not later than October 31 of each year,
				report to the Commission on the state of the fiscal, regulatory and legislative
				matters and any other business matters of the Commission for the prior fiscal
				year and on the goals for the Commission for the current fiscal year.
3. Adhere to the policies and procedures
				adopted for the Commission.
4.
				Recommend to the Chair the appointment of members of the Commission to review
				panels and to serve as presiding officers of such review panels.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003; R186-05,
				  5-4-2006; R084-08, 9-18-2008-Substituted in revision for NAC 281.053; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018;	A
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.185 - Preparation of written opinions by Commission Counsel.(Repealed)

Current through June 11, 2024
Added to
				  NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R186-05, 5-4-2006;
				  R134-10, 10-26-2011-Substituted in revision for NAC 281.056; R by
				  
				  R048-14, eff. 10/24/2014
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.190 - Principal office of Commission: Designation; primary location for conduct of business (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R186-05, eff. 5-4-2006-Substituted in revision for NAC 281.066; R
				  by
				  R108-18A,
				  eff. 8/21/2018; R
				  by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.195 - Participation of member of Commission in ex parte communication

Current through June 11, 2024
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 member of the Commission discloses
				that he or she participated in an ex parte communication or the Commission
				otherwise determines that a member of the Commission participated in an ex
				parte communication, the Commission may require the member to abstain from
				participating with the Commission in any hearing or determination to be made by
				the Commission concerning the matter that was the subject of the ex parte
				communication.
3. As used in this
				section, "ex parte communication":
(a) Means
				any written or oral communication between a party or a person who has any
				interest in a matter pending before the Commission, or any agent of such party
				or person, and a member of the Commission which:
(1) Is communicated outside the presence of
				the entire Commission;
(2) Is not
				communicated during a formal proceeding of the Commission; and
(3) Includes any comment, response or
				argument regarding any:
(I) Ongoing
				investigation by the Commission; or
(II) Matter that is pending before the
				Commission.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.200 - Meetings of Commission: Majority required; necessary quorum reduced for ineligible member

Current through June 11, 2024
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 this
				chapter, a majority vote of the members present and eligible to vote at a
				meeting is sufficient to carry out all business of the Commission.
2. If the Commission is considering a matter
				on which a member of the Commission is ineligible to participate pursuant to
				subsection 4 of
				NRS
				281A.220, subsection 3 of
				NRS
				281A.420 or NAC 281A.505, the necessary
				quorum to act upon and the number of votes necessary to act upon the matter is
				reduced as though the member who is disqualified is not a member of the
				Commission.
Added to NAC by Comm'n
				  on Ethics, eff. 12-24-85; A by R038-98, 4-17-98; R102-00, 8-28-2000; R111-03,
				  10-30-2003; R186-05, 5-4-2006; R084-08, 9-18-2008-Substituted in revision for
				  NAC 281.085
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Administration › Section 281A.210 - Meetings of Commission: Executive Director and Commission Counsel to provide information or materials (Repealed)

Current through June 11, 2024
(Added to NAC by
				  Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R108-18, 8-30-2018) -
				  (Substituted in revision for NAC
				  281A.500);	R
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.250 - Provisions governing practice and procedure: Applicability; construction; deviation

Current through June 11, 2024
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 Commission will liberally construe the
				provisions of NAC 281A.250 to 281A.310, inclusive, to determine all matters
				before the Commission in a just, speedy and economical manner.
3. For good cause shown, the Commission may
				deviate from the provisions of NAC 281A.250 to 281A.310, inclusive, if the
				deviation will not materially affect the interests of the subject of the
				request.
Added to
				  NAC by Comm'n on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000;
				  R111-03, 10-30-2003-Substituted in revision for NAC 281.093; A by
				  
				  R048-14, eff. 10/24/2014
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.255 - Written communications and documents: Form and contents; date and manner of filing

Current through June 11, 2024
Except as otherwise provided in NRS 281A.500, the Commission
				  will consider a written communication or document which is required to be filed
				  with the Commission to have been filed with the Commission on the date on which
				  the communication or document is received by the Commission.
Added to
				  NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003;
				  R186-05, 5-4-2006; R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in
				  revision for NAC 281.097; A by
				  
				  R048-14, eff. 10/24/2014; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018;	A
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.260 - Consolidation of matters

Current through June 11, 2024
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 determines that the requests for an
				  advisory opinion or the ethics complaints, as applicable, share common facts
				  and issues.
Added to NAC by Comm'n
				  on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000-Substituted in
				  revision for NAC 281.101; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.263 - Motion to disqualify member of Commission for good cause

Current through June 11, 2024
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 subsection, a motion to disqualify a member of
				the Commission must comply with the procedures concerning motions before the
				Commission which are set forth in NAC 281A.361 or 281A.442, as applicable. A
				motion to disqualify a member of the Commission which is submitted pursuant to
				subsection 1 must be ruled upon by the Commission as a whole.
3. In considering a motion to disqualify a
				member of the Commission, the Commission will consider any grounds that would
				justify the disqualification of a judge pursuant to Rule 2.11 of the Revised
				Nevada Code of Judicial Conduct.
4.
				If the Commission approves a motion to disqualify a member of the Commission,
				the necessary quorum to act upon and the number of votes necessary to act upon
				a matter before the Commission is reduced as though the member who is
				disqualified was not a member of the Commission.
(Added to NAC by
				  Comm'n on Ethics by R186-05, eff. 5-4-2006; A by R108-18, 8-30-2018) -
				  (Substituted in revision for NAC
				  281A.505)
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.265 - Motions

Current through June 11, 2024
1. Except as otherwise provided in subsection
				7 and NAC
				281A.270 and
				281A.505, 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 Commission or the Chair or, in the absence of the Chair, the
				Vice Chair or by the Commission Counsel, not later than the close of business
				on the date set in the order, unless leave is otherwise granted.
(b) If a scheduling order has not been issued
				in the matter by the Commission or the Chair or, in the absence of the Chair,
				the Vice Chair or by the Commission Counsel or if the circumstances are outside
				the scope of the scheduling order, upon approval by the Chair or, in the
				absence of the Chair, the Vice Chair of a written request by the party to file
				the motion.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.270 - Discovery

Current through June 11, 2024
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 relating to an ethics complaint to the
				extent which he or she deems appropriate.
2. The Commission Counsel shall set forth any
				requirements for discovery relating to an ethics complaint in a scheduling
				order of the Commission. A party must comply with the requirements for
				discovery set forth in this section and any scheduling order issued pursuant to
				this subsection.
3. Any requests
				for discovery that are not addressed in a scheduling order must be filed with
				the Commission by means of a motion. The Commission Counsel shall consider and
				issue an order regarding any such motion in accordance with the provisions of
				NAC 281A.265.
4. Except as otherwise provided in NRS
				281A.750 and 281A.755, upon the completion of discovery, the Executive Director
				shall disclose to the subject any evidence obtained during the course of the
				investigation, including, without limitation, during discovery conducted
				pursuant to this section, that the Executive Director intends to present as
				evidence for consideration by the Commission at the adjudicatory hearing or in
				rendering an opinion in the matter.
5. The Executive Director shall disclose to
				the subject any evidence obtained by or on behalf of the Executive Director
				that the Executive Director determines affirmatively and substantively
				disproves any alleged violation of chapter 281A of NRS related to the ethics
				complaint by the subject. Such disclosure must be made as soon as is reasonably
				practicable after the determination.
6. As used in this section, "affirmatively
				and substantively disproves any alleged violation of chapter 281A of NRS" means
				indisputably, dispositively and definitively establishes that the subject did
				not engage in conduct or otherwise fail to act in a manner required by the
				provisions of chapter 281A of NRS as alleged in the ethics complaint or the
				notice of additional issues and facts provided by the Executive Director
				pursuant to NAC
				281A.415, or that such conduct
				or failure to act could not, under any circumstances, establish a violation of
				chapter 281A of NRS.
Added to NAC by Comm'n
				  on Ethics by R038-98, eff. 4-17-98; A by R102-00, 8-28-2000; R111-03,
				  10-30-2003-Substituted in revision for NAC 281.106; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.275 - Stipulations of fact; resolution of matter without hearing

Current through June 11, 2024
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 of the Executive Director and the subject of an ethics
				complaint, the Commission may, in lieu of holding an adjudicatory hearing,
				dispose of the ethics complaint by a stipulation, agreed settlement, consent
				order or default as authorized pursuant to
				NRS
				233B.121. Such a resolution must be in
				writing or made by oral statement on the record.
3. If the parties agree to present any
				proposed stipulation of fact or other stipulated agreement to the Commission,
				the parties shall:
(a) Jointly inform the
				Commission Counsel in writing of their intent to present such a
				stipulation;
(b) If necessary,
				request a stay or continuance of the adjudicatory hearing; and
(c) Comply with any notice of hearing or
				scheduling order issued for the joint submission and consideration of the
				proposed stipulation of fact or stipulated agreement.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.280 - Oaths

Current through June 11, 2024
The presiding officer or a court reporter 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-Substituted in
				  revision for NAC 281.112; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018;	A
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.285 - Subpoenas

Current through June 11, 2024
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 relating to
				an ethics complaint.
2. The
				Executive Director or the subject of an ethics complaint may request that a
				subpoena be issued relating to the ethics complaint by filing a written request
				for a subpoena at the office of the Commission. The Executive Director or the
				subject, as applicable, must show good cause for the issuance of the subpoena,
				including, the purported relevance of the testimony of the witness or
				documentary evidence. If the Commission or the Chair or, in the absence of the
				Chair, the Vice Chair issues the subpoena pursuant to the request, the
				Executive Director or the subject shall serve the subpoena in accordance with
				NRS
				281A.300 and pay the costs related to the
				service of the subpoena.
3. Except
				as otherwise provided in subsection 4, the Executive Director may submit a
				request to the Chair or, in the absence of the Chair, the Vice Chair for the
				issuance of a subpoena to compel:
(a) The
				participation of a potential witness and the production of any books and papers
				during the course of any investigation.
(b) The attendance of any witness and the
				production of any books and papers in the possession of the witness for any
				hearing before the Commission.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.290 - Testimony in person required; exception

Current through June 11, 2024
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
				witness is not available or if the parties agree by stipulation, admit an
				affidavit signed by the witness under the penalty of perjury or the testimony
				of the witness taken at a deposition.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000; A by R186-05, 5-4-2006-Substituted in
				  revision for NAC 281.1127; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.295 - Conduct of persons at meetings and hearings; consequences of improper conduct

Current through June 11, 2024
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
				allowed at any meeting or hearing of the Commission.
2. The Commission will require a person who
				does not comply with subsection 1 to leave the room where the meeting or
				hearing is being held, and the person will be barred from attending the
				remainder of the meeting or hearing.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC
				  281.1129
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.300 - Representation of subject by legal counsel

Current through June 11, 2024
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 complaint; or
2. Any hearing.
Added to NAC by Comm'n
				  on Ethics by R186-05, eff. 5-4-2006; A by R134-10, 10-26-2011-Substituted in
				  revision for NAC 281.1131; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › General Practice and Procedure Before Commission › Section 281A.310 - Determination of relationships within third degree of consanguinity or affinity

Current through June 11, 2024
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 officer or employee, by blood,
				adoption, marriage or domestic partnership within the third degree of
				consanguinity or affinity pursuant to the following table:
Consanguinity
							 Table
First Degree
Second Degree
Third Degree
Fourth Degree
Children
Parents
Grandparents
Brothers
Sisters
Grandchildren
Great-Grandparents
Uncles
Aunts
Nephews
Nieces
Great-Grandchildren
Great-Great-Grandparents
Great Uncles
Great Aunts
First Cousins
Great Nephews
Great Nieces
Relationship by affinity:
Any person
							 whose relationship to the spouse or domestic partner of the public officer or
							 employee is listed in the columns for the first, second, or third degree of
							 consanguinity is within the third degree of affinity to the public officer or
							 employee, and if that person has a spouse or domestic partner, that spouse or
							 domestic partner will be deemed to be within the same degree of affinity for
							 the purposes of NRS 281A.065.
Spouses of public officers or employees are related
							 in the first degree of affinity by marriage, and domestic partners of public
							 officers or employees are related in the first degree of affinity by domestic
							 partnership. For adoption and other relationships by marriage or domestic
							 partnership, the degree of relationship is the same as the degree of underlying
							 relationship by blood.
2. As
				used in this section:
(a) "Domestic
				partner" has the meaning ascribed to it in NRS 281A.085; and
(b) "Domestic partnership" has
				the meaning ascribed to it in NRS 281A.086.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.350 - Proper form required

Current through June 11, 2024
1. A request for an
				advisory opinion must be filed on the form and with the information required
				pursuant to subsection 2 of NRS 281A.675.
2. Upon receipt of a request for an advisory
				opinion filed pursuant to NRS 281A.675, the Executive Director and the
				Commission Counsel shall review the matter and make a determination whether the
				Commission has jurisdiction in the matter and whether the request for an
				advisory opinion was properly filed with the necessary information for the
				Commission to render an advisory opinion in the matter.
3. For the purpose of determining
				jurisdiction pursuant to subsection 2, a person may be considered a public
				officer or employee if he or she:
(a) Has been
				duly elected to public office;
(b)
				Has accepted an appointment to public office; or
(c) Has accepted public employment, but has
				not yet begun to serve as a public officer or employee.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.351 - Determination of lack of jurisdiction or compliance with filing requirements: Notification; submission of supplemental information; motion to review determination

Current through June 11, 2024
1. If the Executive
				Director and Commission Counsel determine that the Commission does not have
				jurisdiction over the request for an advisory opinion or that the request for
				an advisory opinion was not properly filed with the necessary information for
				the Commission to render an opinion in the matter, the Executive Director or
				Commission Counsel shall notify the subject who filed the request for an
				advisory opinion in writing of the determination and, if applicable, provide an
				opportunity within a specified period set forth in the notice for the subject
				to submit sufficient supplemental information for the Commission to render an
				advisory opinion in the matter. The period specified in the notice for the
				subject to submit sufficient supplemental information pursuant to this
				subsection must be at least 14 days.
2. The subject may:
(a) If applicable, submit the supplemental
				information for the Commission to render an advisory opinion in the matter
				within the period specified in the notice sent pursuant to subsection
				1.
(b) Within 5 business days after
				receiving the notice sent pursuant to subsection 1, file a motion with the
				Commission to review the determination of the Executive Director and Commission
				Counsel, which must include information establishing that the Commission has
				jurisdiction over the matter or that the request for an advisory opinion was
				properly filed with the necessary information for the Commission to render an
				advisory opinion in the matter, as applicable.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 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

Current through June 11, 2024
1. If the Executive Director and Commission
				Counsel determine that the Commission has jurisdiction over a request for an
				advisory opinion and the request for an advisory opinion was properly filed
				with the necessary information for the Commission to render an advisory opinion
				in the matter, the Executive Director or Commission Counsel shall issue a
				notice to the subject who filed the request for an advisory opinion on behalf
				of the Commission stating that the Commission has jurisdiction in the matter
				and whether the Commission will hold an advisory-opinion hearing in the matter
				or take the matter under submission without holding an advisory-opinion
				hearing.
2. If the Executive
				Director and Commission Counsel determine that the Commission will hold an
				advisory-opinion hearing in the matter, the Executive Director or Commission
				Counsel shall prepare and serve on the subject a notice of hearing that
				identifies the date, time and location of the advisory-opinion
				hearing.
3. The Executive Director
				or Commission Counsel shall, if feasible, coordinate a list of proposed
				findings of fact with the subject to be presented to the Commission based on
				the information provided by the subject with the request for an advisory
				opinion, any information received from the subject after the Commission
				received the request for an advisory opinion and any publicly available
				information obtained by the Executive Director or Commission Counsel relating
				to the request for an advisory opinion. The subject must consent to a proposed
				finding of fact before the finding of fact will be presented to the
				Commission.
Added to
				  NAC by Comm'n on Ethics by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.353 - Hearings

Current through June 11, 2024
1. Except as otherwise provided in this
				section, a request for an advisory opinion will be considered by the Commission
				within 45 days after receipt of the request by the Commission, unless the
				subject who filed the request for an advisory opinion waives the time limit set
				forth in NRS 281A.680 in writing.
2. If the subject cannot appear before the
				Commission for an advisory-opinion hearing that is scheduled by the Executive
				Director or Commission Counsel within 45 days after receipt of the request for
				an advisory opinion by the Commission, the subject will be deemed to have
				waived the time limit set forth in NRS 281A.680.
3. If the subject does not waive the time
				limit set forth in NRS 281A.680 and:
(a) Fails
				to respond to a notice of hearing that is served on the subject pursuant to
				section 13 of this regulation within the time limit specified in the notice and
				the advisory-opinion hearing is cancelled; or
(b) Fails to appear at the advisory-opinion
				hearing, the request for an advisory opinion will be deemed withdrawn by the
				subject.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.355 - Withdrawal

Current through June 11, 2024
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 advisory
				  opinion may withdraw the request for an advisory opinion by providing a written
				  notice of withdrawal to the Commission.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000; A by R111-03, 10-30-2003; R134-10,
				  10-26-2011-Substituted in revision for NAC 281.1145; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.360 - Determination of jurisdiction: Duties of Executive Director; request for review

Current through June 11, 2024
1. If the Executive
				Director and Commission Counsel determine that the Commission does not have
				jurisdiction over the request for an advisory opinion or that the request for
				an advisory opinion was not properly filed with the necessary information for
				the Commission to render an opinion in the matter, the Executive Director or
				Commission Counsel shall notify the subject who filed the request for an
				advisory opinion in writing of the determination and, if applicable, provide an
				opportunity within a specified period set forth in the notice for the subject
				to submit sufficient supplemental information for the Commission to render an
				advisory opinion in the matter.
2.
				The subject may:
(a) If applicable, submit
				the supplemental information for the Commission to render an advisory opinion
				in the matter within the period specified in the notice sent pursuant to
				subsection 1.
(b) Within 5 business
				days after receiving the notice sent pursuant to subsection 1, file a motion
				with the Commission to review the determination of the Executive Director and
				Commission Counsel, which must include information establishing that the
				Commission has jurisdiction over the matter or that the request for an advisory
				opinion was properly filed with the necessary information for the Commission to
				render an advisory opinion in the matter, as applicable.