reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.361 - Motions: Generally

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 5 and NAC
				281A.360 and
				281A.505, 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 opinion unless the
				Commission or the Chair or, in the absence of the Chair, the Vice Chair
				approves a written request by the subject to file the motion.
2. If the subject is authorized to file a
				written motion, the Commission or the Chair or, in the absence of the Chair,
				the Vice Chair may authorize the subject to argue the motion before the
				Commission. If oral argument is so authorized, 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 hearing on the
				motion.
3. The Chair or, in the
				absence of the Chair, the Vice Chair may rule on the motion, except a motion
				for disposition of the matter, at any time before, during or after an
				advisory-opinion hearing by the Commission on the matter:
(a) Based solely on the written motion filed
				with the Commission; or
(b) After
				the presentation of oral argument by the subject, if authorized pursuant to
				subsection 2.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.363 - 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 related to
				a request for an advisory opinion.
2. If a witness fails or refuses to comply
				with the provisions of a subpoena issued pursuant to this section, the Chair
				or, in the absence of the Chair, the Vice Chair may petition the district court
				for an ex parte order compelling the witness to comply with the subpoena in
				accordance with the applicable requirements set forth in subsection 8 of
				NRS
				281A.300.
3. If the district court enters an order
				directing the witness to comply with the subpoena issued pursuant to this
				section, the Executive Director or Commission Counsel, on behalf of the Chair
				or, in the absence of the Chair, the Vice Chair, shall serve the court order on
				the witness. If the witness does not comply with the court order, the Chair or,
				in the absence of the Chair, the Vice Chair may petition the district court for
				an order of contempt of court pursuant to subsection 10 of
				NRS
				281A.300.
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.365 - Conduct of hearings; action by Commission; effect of opinion; confidentiality

Current through June 11, 2024
1. The presiding
				officer of an advisory-opinion hearing that was determined to be held pursuant
				to section 13 of this regulation shall:
(a)
				Ascertain whether the subject who filed the request for an advisory opinion and
				all persons requested by the subject to testify, including, without limitation,
				persons commanded to appear under subpoena, are present and whether all
				documents, books, records and other evidence requested to be made available,
				including, without limitation, evidence under subpoena, have been provided to
				the Commission.
(b) Ensure that an
				oath is administered to the subject who filed the request for an advisory
				opinion and all persons whose testimony will be taken.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 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

Current through June 11, 2024
1. The Commission
				may, by order, stay, continue or dismiss a request for an advisory opinion if
				the Commission receives information confirmed by the Executive Director that
				litigation or an ethics complaint has been filed related to some or all of the
				same issues presented in the request for an advisory opinion.
2. Except as otherwise provided in subsection
				1 and NAC
				281A.353 and
				281A.355, within 45 days after
				receipt of a request for an advisory opinion, the Commission will:
(a) Render an oral opinion regarding the
				request for an advisory opinion; and
(b) Direct the Executive Director or
				Commission Counsel to communicate the oral opinion rendered by the Commission
				to the subject who filed the request for an advisory
				opinion.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Advisory Opinions › Section 281A.375 - Written advisory opinion; abstract

Current through June 11, 2024
1. The Commission:
(a) Will direct the Commission Counsel to
				prepare a written advisory opinion for an opinion rendered by the Commission
				pursuant to NAC 281A.370  in a matter that constitutes a contested case under
				chapter 233B of NRS or for which the Commission deems a written advisory
				opinion is necessary or appropriate. A written advisory opinion prepared and
				issued in a matter that constitutes a contested case under chapter 233B of NRS
				is a final decision for the purposes of judicial review.
(b) May direct the Commission Counsel to
				prepare a written advisory opinion for an opinion rendered by the Commission
				pursuant to NAC 281A.370  upon the written request of the subject who filed the
				request for an advisory opinion.
(c) May direct the Commission Counsel to
				prepare an abstract if the materials in the matter are confidential pursuant to
				subsection 1 of NRS 281A.685.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.400 - Requirements for consideration by Commission; contents; withdrawal (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;
				  R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in revision for NAC
				  281.186; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Ethics Complaints and Opinions › Section 281A.403 - Recommendation to initiate request upon motion of Commission

Current through June 11, 2024
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 chapter
				281A of NRS, the Executive Director may recommend to the Commission that the
				Commission initiate an ethics complaint upon its own motion pursuant to
				paragraph (c) of subsection 1 of NRS 281A.710.
2. A recommendation from the Executive
				Director pursuant to subsection 1 must:
(a)
				Contain a written statement setting forth the information that supports the
				recommendation; and
(b) Include 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 the
				recommendation.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.405 - Duties of Executive Director; review of determination regarding jurisdiction

Current through June 11, 2024
1. An ethics
				complaint filed pursuant to paragraph (a) or (b) of subsection 1 of NRS 281A.710  must be filed on the form and with the evidence required pursuant to
				subsection 2 of NRS 281A.710. If an anonymous complaint is filed or an ethics
				complaint does not name a person as the subject:
(a) The Executive Director shall reject the
				complaint; and
(b) The Executive
				Director and Commission Counsel shall not make any determination regarding the
				complaint pursuant to subsection 2.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.407 - Withdrawal of ethics complaint

Current through June 11, 2024
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 any time before the Commission has determined that it has
				jurisdiction in the matter pursuant to NAC
				281A.405; or
(b) With the consent of the Commission, at
				any time after the Commission has determined that it has jurisdiction in the
				matter pursuant to NAC
				281A.405 and until the
				presentation of the written recommendation of the Executive Director to the
				review panel pursuant to NAC
				281A.410.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.410 - Notification of subject; filing of response

Current through June 11, 2024
1. If the Executive
				Director has been directed to investigate a matter pursuant to NAC 281A.403  or
				281A.405, the Executive Director shall:
(a)
				Notify the subject of the ethics complaint of the investigation and of the
				opportunity to respond to the allegations contained in the ethics complaint
				regarding which the Commission has directed an investigation, as required
				pursuant to NRS 281A.720; and
(b)
				Except as otherwise provided in this paragraph, provide the subject with a copy
				of the ethics complaint or the information upon which the Commission based its
				motion to initiate an ethics complaint, as applicable. If the Commission
				determines that the identity of the requester will be kept confidential
				pursuant to NRS 281A.750, the Executive Director shall redact any identifying
				information from any document provided to the subject pursuant to this
				paragraph.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.415 - Investigation of additional issues and facts by Executive Director; provision of additional notice to subject

Current through June 11, 2024
1. The Executive
				Director may investigate relevant issues and facts beyond those presented in an
				ethics complaint in determining his or her written recommendation to a review
				panel pursuant to NRS 281A.725.
2.
				If the Executive Director intends to include issues and facts beyond those
				presented in the ethics complaint regarding which the Commission has directed
				an investigation in his or her written recommendations to a review panel which
				are not included in the notice issued to the subject pursuant to NAC
				281A.410, the Executive Director
				must provide additional notice to the subject of the additional issues and
				facts and provide the subject with the same opportunity to respond to such
				issues and facts that is set forth in NRS 281A.720.
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 281.189; 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 › Ethics Complaints and Opinions › Section 281A.420 - Confidentiality of request; confidentiality and availability of information related to request (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; R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in
				  revision for NAC 281.191; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Ethics Complaints and Opinions › Section 281A.425 - Confidentiality of proceedings of investigatory panel

Current through June 11, 2024
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 this subsection, the proceedings of a review panel are closed to
				all persons except the staff of the Commission. If the review panel holds a
				hearing to consider a proposed deferral agreement, the subject may be
				present.
Added to
				  NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R134-10, 10-26-2011-
				  Substituted in revision for NAC 281.192; 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 › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.430 - Considerations of investigatory panel

Current through June 11, 2024
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 ethics complaint and all related
				information and material filed with the Commission by the requester or
				submitted on the motion of the Commission; and
(c) The response, if any, of the subject of
				the ethics complaint submitted pursuant to NRS 281A.720 or NAC
				281A.415.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.435 - Basis for finding by investigatory panel; unanimous finding required for determination that there is not just and sufficient cause to render opinion (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000; A by R134-10, 10-26-2011-Substituted in
				  revision for NAC 281.194; 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 › Ethics Complaints and Opinions › Section 281A.440 - Recording and contents of determination by investigatory panel that there is just and sufficient cause to render opinion

Current through June 11, 2024
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 subsection 1 must include, without limitation:
(a) The findings of the review
				panel;
(b) The statutes upon which
				the review panel based its determination; and
(c) If the review panel:
(1) Has determined to refer the matter to the
				Commission for further proceedings, an order of referral; or
(2) Authorizes the development of a deferral
				agreement between the Executive Director and the subject, the date by which the
				deferral agreement must be presented to the review panel.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.442 - Motions: Generally

Current through June 11, 2024
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, 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 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 › Ethics Complaints and Opinions › Section 281A.444 - 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 procedures set
				forth in NAC 281A.442.
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; R108-18, 8-30-2018) - (Substituted in revision for NAC
				  281A.270);	A
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.445 - Record of proceedings of investigatory panel (Repealed)

Current through June 11, 2024
Added to
				  NAC by Comm'n on Ethics by R102-00, eff. 8-28-2000; A by R134-10, 10-26-2011-
				  Substituted in revision for NAC 281.195; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Ethics Complaints and Opinions › Section 281A.446 - Stipulations of fact; disposition of ethics complaint without adjudicatory 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 › Ethics Complaints and Opinions › Section 281A.448 - 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 with 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 › Ethics Complaints and Opinions › Section 281A.450 - Hearings: Advance written notice

Current through June 11, 2024
1. Before the
				Commission holds a hearing concerning an ethics complaint other than an
				adjudicatory hearing, the Commission Counsel shall issue and serve the parties
				with advance written notice of the hearing that includes the date, time and
				location of the hearing.
2. Service
				of the notice required pursuant to this section on the subject of the ethics
				complaint will be deemed complete upon delivery to the last known address of
				the subject in any manner in which receipt by the subject can be confirmed by
				the Commission.
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 281.197; 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 › Ethics Complaints and Opinions › Section 281A.452 - Appearance of subject at hearings; effect of failure of subject to appear at adjudicatory hearing or reply to notice of investigation

Current through June 11, 2024
1. Unless otherwise directed by the
				Commission or the presiding officer, as applicable, the subject of an ethics
				complaint is not required to appear personally at any hearing relating to the
				ethics complaint except an adjudicatory hearing.
2. If the subject fails to appear at an
				adjudicatory hearing scheduled by the Commission or fails to reply to the
				notice provided pursuant to NAC
				281A.410 and a continuance has
				not been requested or granted, upon an offer of proof by the Executive Director
				that the subject was given proper notice and upon a determination by the
				Commission that proper notice was given, the Commission may consider the
				alleged violations specified in the determination of the review panel to be
				true or may proceed to consider the case without the presence of the absent
				subject and may dispose of the matter on the basis of the evidence before
				it.
(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.470)
NRS
					 281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.455 - Hearings: Continuance (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R186-05, eff. 5-4-2006; A by R084-08, 9-18-2008; R134-10,
				  10-26-2011-Substituted in revision for NAC 281.199; 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 › Ethics Complaints and Opinions › Section 281A.457 - Adjudicatory hearings: Notice; stay or continuance

Current through June 11, 2024
1. If a
				review panel refers the ethics complaint to the Commission pursuant to NRS 281A.730  or the Commission vacates a deferral agreement pursuant to NRS 281A.740, the Commission Counsel, on behalf of the Commission, shall issue and
				serve on the parties:
(a) A written notice of
				an adjudicatory hearing in the matter which must meet the requirements of NRS 281A.745. Service of the notice on the subject will be deemed complete upon
				delivery to the last known address of the subject in any manner in which
				receipt by the subject can be confirmed by the Commission.
(b) A scheduling order regarding the time
				limits and requirements for the submission and service of documents related to
				the adjudicatory hearing.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.460 - Hearings: Conduct; action by Commission

Current through June 11, 2024
1. The
				presiding officer of an adjudicatory hearing shall:
(a) Ascertain whether all persons identified
				in the witness lists submitted by the parties are present, including, without
				limitation, any witnesses under subpoena, and whether all exhibits required for
				the adjudicatory hearing pursuant to the scheduling order, including, without
				limitation, all books and papers under subpoena, have been submitted to the
				Commission.
(b) Ensure that an oath
				is administered in accordance with NAC
				281A.280 to all persons whose
				testimony will be taken.
(c) Except
				for the subject, exclude from the hearing all witnesses scheduled to testify
				except during the testimony of the witness. To preserve the integrity of the
				process and the evidence presented during a proceeding, the presiding officer
				may request all witnesses not to discuss the case with any person other than
				the legal counsel of the witness during the pendency of the
				proceeding.
(d) Hear and rule on
				any procedural motions, including, without limitation, the admissibility of or
				objections to any proffered documentary evidence, and address any
				administrative details.
(e) Direct
				the Executive Director to present opening comments regarding the ethics
				complaint, the response to the ethics complaint by the subject and the
				determination of the review panel concerning whether there is just and
				sufficient cause for the Commission to render an opinion in the
				matter.
(f) Allow the subject to
				present opening comments.
(g)
				Direct the Executive Director to call and question any witnesses and present
				any evidence concerning the ethics complaint.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.465 - Hearings: Admission and exclusion of evidence

Current through June 11, 2024
1. In
				conducting any adjudicatory hearing concerning an ethics complaint, the rules
				of evidence of the courts of this State will be followed generally but may be
				relaxed at the discretion of the Commission.
2. The presiding officer may exclude
				immaterial, incompetent, cumulative or irrelevant evidence or order that the
				presentation of such evidence be discontinued.
3. The Executive Director and the subject may
				object to the introduction of evidence if the Executive Director or the
				subject:
(a) Objects to such evidence
				promptly; and
(b) Briefly states
				the grounds of the objection at the time the objection is made.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.470 - Failure of subject to appear at hearing or reply to notice

Current through June 11, 2024
1. Unless otherwise directed by the
				Commission or the presiding officer, as applicable, the subject of an ethics
				complaint is not required to appear personally at any hearing relating to the
				ethics complaint except an adjudicatory hearing.
2. If the subject fails to appear at an
				adjudicatory hearing scheduled by the Commission or fails to reply to the
				notice provided pursuant to NAC
				281A.410 and a continuance has
				not been requested or granted, upon an offer of proof by the Executive Director
				that the subject was given proper notice and upon a determination by the
				Commission that proper notice was given, the Commission may consider the
				alleged violations specified in the determination of the review panel to be
				true or may proceed to consider the case without the presence of the absent
				subject and may dispose of the matter on the basis of the evidence before
				it.
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 281.205; 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 › Ethics Complaints and Opinions › Section 281A.471 - Rendering and effect of oral opinion

Current through June 11, 2024
1. Unless the
				subject of an ethics complaint waives the time limit set forth in NRS 281A.745,
				within 60 days after the date on which a review panel refers an ethics
				complaint to the Commission pursuant to NRS 281A.730 or the Commission vacates
				a deferral agreement pursuant to NRS 281A.740, as applicable, the Commission
				will render an oral opinion in the matter.
2. An oral opinion rendered by the Commission
				pursuant to this section:
(a) Constitutes the
				opinion rendered by the Commission pursuant to NRS 281A.745; and
(b) Must be issued as a written opinion
				pursuant to section 21 of this regulation.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Ethics Complaints and Opinions › Section 281A.473 - Written opinion

Current through June 11, 2024
1. The Commission
				will direct the Commission Counsel to prepare a written opinion for any ethics
				complaint regarding which the Commission renders an oral opinion pursuant to
				section 20 of this regulation.
2. A
				written opinion prepared pursuant to this section must:
(a) State each violation alleged against the
				subject of the ethics complaint and the determinations of the Commission
				relating thereto;
(b) Include a
				reference to any published opinions issued by the Commission, including,
				without limitation, any published abstract, that the Commission deems relevant
				to the ethics complaint, if any;
(c) Include the findings of fact and
				conclusions of law as required by NRS 281A.765; and
(d) State any penalty, corrective action or
				other remedy imposed on the subject of the ethics complaint.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Opinions Concerning Employment of Certain Former Public Officers or Employees by Regulated Businesses › Section 281A.475 - Requirements for consideration by Commission (Repealed)

Current through June 11, 2024
Added to
				  NAC by Comm'n on Ethics by R134-10, eff. 10-26-2011; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Opinions Concerning Employment of Certain Former Public Officers or Employees by Regulated Businesses › Section 281A.480 - Scheduling of hearing; effect of failure to appear at hearing (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R134-10, eff. 10-26-2011; 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 › Opinions Concerning Employment of Certain Former Public Officers or Employees by Regulated Businesses › Section 281A.485 - Withdrawal (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R134-10, eff. 10-26-2011; 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 › Opinions Concerning Employment of Certain Former Public Officers or Employees by Regulated Businesses › Section 281A.490 - Determination regarding jurisdiction: Conduct by Executive Director and Commission Counsel; notification; request for review by Commission (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R134-10, eff. 10-26-2011; 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 › Opinions Concerning Employment of Certain Former Public Officers or Employees by Regulated Businesses › Section 281A.495 - Conduct of hearings; action by Commission; waiver of provisions; confidentiality (Repealed)

Current through June 11, 2024
Added to
				  NAC by Comm'n on Ethics by R134-10, eff. 10-26-2011; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Miscellaneous Provisions › Section 281A.500 - Executive Director to provide information to Commission

Current through June 11, 2024
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 Executive Director and Commission Counsel shall provide to the
				  Commission any information or materials which the Executive Director or
				  Commission Counsel deems necessary to assist the Commission in conducting the
				  meeting.
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC 281.213; 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 › Miscellaneous Provisions › Section 281A.505 - 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.265 or section 14 of this
				regulation, 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-Substituted in revision for NAC 281.214; 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 › Miscellaneous Provisions › Section 281A.510 - Commission to determine order of proceedings (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 281.215; R by
				  R108-18A,
				  eff. 8/21/2018
NRS
				  281A.290
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Miscellaneous Provisions › Section 281A.515 - Testimony: Oath or affirmation required (Repealed)

Current through June 11, 2024
Added to NAC by Comm'n
				  on Ethics by R102-00, eff. 8-28-2000-Substituted in revision for NAC 281.217; 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 › Miscellaneous Provisions › Section 281A.520 - Participation by subject of hearing; questioning of witnesses (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 281.219; 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 › Miscellaneous Provisions › Section 281A.550 - Written opinions and abstracts: Contents; dissemination (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 281.223; A by
				  
				  R048-14, eff. 10/24/2014; 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 › Miscellaneous Provisions › Section 281A.555 - Petitions to adopt, file, amend or repeal regulations

Current through June 11, 2024
1. Any person may submit a written petition
				to the Commission at the office of the Commission to adopt, file, amend or
				repeal any regulation of the Commission.
2. A petition submitted pursuant to
				subsection 1 must include, without limitation:
(a) The name and address of the
				petitioner;
(b) A clear and concise
				statement of the regulation to be adopted, filed, amended or repealed,
				including, without limitation, the text of the proposed language of the
				regulation to be adopted, filed, amended or repealed;
(c) The reason for the adoption, filing,
				amendment or repeal of the regulation; and
(d) The statutory authority for the adoption,
				filing, amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Miscellaneous Provisions › Section 281A.560 - Obtaining copies of public records or transcripts; payment of costs of public records

Current through June 11, 2024
1. Except as
				otherwise provided in this section, the Commission will make public records of
				the Commission available for inspection and copying in accordance with the
				provisions of chapter 239 of NRS. The form for requesting a public record from
				the Commission is available on the Internet website of the Commission at
http://ethics.nv.gov
.
2. Except as otherwise provided in this
				section, to obtain copies of a transcript concerning a matter that was recorded
				by the Commission, a person must file a written request at the office of the
				Commission and make arrangements directly with the court reporter.
3. The Commission will not authorize a court
				reporter to provide copies of a transcript concerning a matter that was
				recorded by the Commission to a person seeking such a transcript pursuant to
				subsection 2 unless the contents of the proceedings concerning that matter may
				be disclosed to that person pursuant to the provisions of chapter 281A of NRS
				and NAC 281A.250 to
				281A.310, inclusive.
4. A court reporter shall not provide to a
				person copies of a transcript concerning a matter that was recorded by the
				Commission or any other documents unless the court reporter has received
				written permission from the Commission.
5. The Commission may waive all or a portion
				of the cost of obtaining copies of public records made available pursuant to
				subsection 1 if the person requesting the copies files a written request for
				such a waiver at the office of the Commission and the Commission determines
				that:
(a) The copies requested are reasonable
				in quantity; and
(b) The person
				requesting the copies is a party to a matter before the Commission and does not
				have the financial ability to pay for all or a portion of the cost of the
				copies.
Nevada Administrative Code › Chapter 281A - Ethics in Government › COMMISSION ON ETHICS › Miscellaneous Provisions › Section 281A.615 - Filing of certain documents in proper form; availability of form (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; R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in
				  revision for NAC 281.227; A by
				  
				  R048-14, eff. 10/24/2014; A by
				  R108-18A,
				  eff. 8/21/2018; A by
				  R108-18AP,
				  eff. 8/30/2018;	R
				  by
				  R136-23A,
				  eff. 6/5/2024
NRS 281A.290
Nevada Administrative Code › Chapter 284 - State Personnel System › Section 284.Sec. 1.1 - NEW

Current through June 11, 2024
"Sex- or gender-based harassment" means:
1. Unwelcome sexual advances, requests for
		  sexual favors or any other verbal or physical conduct of a sexual nature when:
(a) Submission to such conduct is explicitly
		  or implicitly made a term or condition of a person's employment; or
(b) Submission to or rejection of such
		  conduct is explicitly or implicitly made a basis of employment decisions
		  affecting a person; or
Nevada Administrative Code › Chapter 284 - State Personnel System › Section 284.Sec. 1.2 - NEW

Current through June 11, 2024
An appeal filed pursuant to NRS 284.4086 must:
1. Be in writing;
2. Be submitted to the Administrator for
		  transmittal to the Commission; and
3. Set forth the specific reasons the
		  appellant disagrees with the decision of the Administrator or his or her
		  designee.
Added
			 to NAC by Dep't of Personnel by
			 R017-21A,
			 eff. 9/8/2022
NRS
				284.065,
				284.4086
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 284.021 to
				284.1125,
				inclusive, and section 1 have the meanings ascribed to them in those
				sections.
Supplied in
				codification; A by Dep't of Personnel, 10-26-84; 4-19-88; 8-1-91; 7-6-92;
				3-23-94; 10-27-97; R031-98, 4-17-98; R043-99, 9-27-99; R197-99, 1-26-2000;
				R058-01, 9-6-2001; R147-01, 1-22-2002; A by Personnel Comm'n by R038-03,
				10-30-2003; R142-05, 12-29-2005; R147-06, 12-7-2006; R137-12, 10-23-2013;
				R037-17, 10-31-2017, eff. 1-1-2018; R088-17, 12-19-2017; A by
				R175-18A,
				eff. 1/30/2019; A by
				R016-21A,
				eff. 9/8/2022
NRS 284.065,
				  284.4082
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.021 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the Division of
				Human Resource Management.
[Personnel Div., Rule I § D subsec. 1, eff. 8-11-73] -
				  (NAC A by Dep't of Personnel, 10-26-84 - Substituted in revision for NAC
				  284.056 )
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.022 - "Appointing authority" defined

Current through June 11, 2024
"Appointing authority" means an official, board or commission
				having the legal authority to make appointments to positions in the state
				service, or a person to whom the authority has been delegated by the official,
				board or commission.
[Personnel Div., Rule I § D subsec. 3, eff. 8-11-73] -
				  (NAC A by Dep't of Personnel, 10-26-84)
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.023 - "Appointment" defined

Current through June 11, 2024
"Appointment" means the acceptance by an applicant of an offer
				of employment by an appointing authority and their mutual agreement as to a
				date of hire.
Added to NAC by Dep't of Personnel, eff.
				  10-26-84
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.026 - "Break in service" defined

Current through June 11, 2024
"Break in service" means any separation from state service
				except for those separations listed in NAC
				284.598.
Personnel Div., Rule I § D subsec. 4, eff.
				  8-11-73
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.028 - "Center for assessment" defined

Current through June 11, 2024
"Center for assessment" means a method of examination based
				upon an assessment and rating process which uses a series of oral, written and
				performance exercises.
Added to NAC by Dep't of Personnel, eff.
				  11-12-93
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.030 - "Class" defined

Current through June 11, 2024
"Class" means a group of positions sufficiently similar with
				respect to their duties and responsibilities that the same title may be
				reasonably and fairly used to designate each position allocated to the class,
				substantially the same tests of fitness may be used, substantially the same
				minimum qualifications may be required and the same schedule of compensation
				may be applied with equity.
Personnel Div., Rule I § D subsec. 5, eff.
				  8-11-73
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.034 - "Class series" defined

Current through June 11, 2024
"Class series" means the normal line of progression from
				training, entry or preparatory levels to supervisory or administrative levels
				within a job specialty so that the minimum qualifications, tests of fitness and
				the duties and responsibilities of each class are similar but different in
				level.
Personnel Div., Rule I § D subsec. 6, eff.
				  8-11-73
NRS 284.065
Nevada Administrative Code › Chapter 284 - State Personnel System › GENERAL PROVISIONS › Section 284.036 - "Class specification" defined

Current through June 11, 2024
"Class specification" means a written description of a class,
				consisting of a title, a definition, examples of duties, and the minimum
				qualifications which are required.
Personnel Div., Rule I § D subsec. 7, eff.
				  8-11-73
NRS 284.065