Nac: Chapter 281A - Ethics In Government

Link to law: http://www.leg.state.nv.us/nac/NAC-281A.html
Published: 2015

[Rev. 8/13/2015 4:07:41 PM]

[NAC-281A Revised Date: 8-15]

CHAPTER 281A - ETHICS IN GOVERNMENT

GENERAL PROVISIONS

281A.010         Definitions.

281A.020         “Chair” defined.

281A.023         “Commission” defined.

281A.025         “Commission Counsel” defined.

281A.033         “Executive Director” defined.

281A.034         “First-party request for an opinion”

defined.

281A.035         “Hearing” defined.

281A.045         “Investigate” defined.

281A.047         “Investigatory panel” and “panel”

defined.

281A.050         “Opinion” defined.

281A.060         “Party” defined.

281A.065         “Presiding officer” defined.

281A.070         “Principal office of the Commission”

defined.

281A.075         “Proceedings of an investigatory

panel” defined.

281A.090         “Requester” defined.

281A.100         “Subject” defined.

281A.103         “Third-party request for an opinion”

defined.

281A.105         “Vice Chair” defined.

281A.110         Severability.

COMMISSION ON ETHICS

Administration

281A.150         Election of Chair and Vice Chair.

281A.155         Duties of Chair; delegation of

assignments.

281A.160         Duties of Vice Chair.

281A.165         Vacancy in office of Chair.

281A.170         Vacancy in office of Vice Chair.

281A.175         Appointment of temporary Acting

Chair or Vice Chair in certain circumstances.

281A.180         Duties of Executive Director.

281A.190         Principal office of Commission:

Designation; primary location for conduct of business.

281A.195         Participation of member of

Commission in ex parte communication.

281A.200         Meetings of Commission: Majority

required; necessary quorum reduced for ineligible member.

General Practice and Procedure Before Commission

281A.250         Provisions governing practice and

procedure: Applicability; construction; deviation.

281A.255         Written communications and

documents: Form and manner of submission; copies and exhibits; date of filing.

281A.260         Consolidation of matters.

281A.265         Motions.

281A.270         Discovery.

281A.275         Stipulations of fact; resolution of

matter without hearing.

281A.280         Oaths.

281A.285         Subpoenas.

281A.290         Testimony in person required;

exception.

281A.295         Conduct of persons at meetings and

hearings; consequences of improper conduct.

281A.300         Representation of subject by legal

counsel.

281A.310         Determination of relationships

within third degree of consanguinity or affinity.

First-Party Requests for Opinions

281A.350         Requirements for consideration by

Commission.

281A.353         Scheduling of hearing; effect of

failure to appear at hearing.

281A.355         Withdrawal.

281A.360         Determination regarding

jurisdiction: Conduct by Executive Director and Commission Counsel;

notification; request for review by Commission.

281A.365         Conduct of hearings; action by

Commission; effect of opinion; waiver of provisions; confidentiality.

Third-Party Requests for Opinions

281A.400         Requirements for consideration by

Commission; contents; withdrawal.

281A.403         Recommendation to initiate request

upon motion of Commission.

281A.405         Determination regarding jurisdiction

or compliance with filing requirements: Conduct by Executive Director and

Commission Counsel; notification; review by Commission.

281A.410         Notification of subject after final

determination of jurisdiction or compliance with filing requirements; filing of

response.

281A.415         Investigation of additional issues

and facts by Executive Director; provision of additional notice to subject.

281A.420         Confidentiality of request;

confidentiality and availability of information related to request.

281A.425         Confidentiality of proceedings of

investigatory panel.

281A.430         Considerations of investigatory

panel.

281A.435         Basis for finding by investigatory

panel; unanimous finding required for determination that there is not just and

sufficient cause to render opinion.

281A.440         Recording and contents of

determination by investigatory panel that there is just and sufficient cause to

render opinion.

281A.445         Record of proceedings of

investigatory panel.

281A.450         Hearings: Advance written notice.

281A.455         Hearings: Continuance.

281A.460         Hearings: Conduct; action by

Commission; waiver of provisions.

281A.465         Hearings: Admission and exclusion of

evidence.

281A.470         Failure of subject to appear at

hearing or reply to notice.

Opinions Concerning Employment of Certain Former Public

Officers or Employees by Regulated Businesses

281A.475         Requirements for consideration by

Commission.

281A.480         Scheduling of hearing; effect of

failure to appear at hearing.

281A.485         Withdrawal.

281A.490         Determination regarding jurisdiction:

Conduct by Executive Director and Commission Counsel; notification; request for

review by Commission.

281A.495         Conduct of hearings; action by

Commission; waiver of provisions; confidentiality.

General Procedures for Hearings

281A.500         Executive Director to provide

information to Commission.

281A.505         Motion to disqualify member of

Commission for good cause.

281A.510         Commission to determine order of

proceedings.

281A.515         Testimony: Oath or affirmation

required.

281A.520         Participation by subject of hearing;

questioning of witnesses.

Miscellaneous Provisions

281A.550         Written opinions and abstracts:

Contents; dissemination.

281A.555         Petitions to adopt, file, amend or

repeal regulations.

281A.560         Availability of public records for

inspection and copying; obtaining copies of transcripts; waiver of costs of

copies of public records.

281A.615         Requirements for submission of

disclosure of representation and counseling and acknowledgement of statutory

ethical standards.

 

 

REVISER’S NOTE.

      NAC

281.005 to 281.242,

inclusive, have been renumbered and moved to chapter 281A

of NAC in accordance with chapter 195, Statutes of Nevada 2007, at page 641,

which required the related provisions of chapter

281 of NRS to be renumbered and moved to chapter 281A of NRS.

 

GENERAL PROVISIONS

      NAC 281A.010  Definitions. (NRS 281A.290)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NAC 281A.020 to 281A.105,

inclusive, have the meanings ascribed to them in those sections.

     (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; R134-10, 10-26-2011)—(Substituted

in revision for NAC 281.005)

      NAC 281A.020  “Chair” defined. (NRS 281A.290)  “Chair”

means the Chair of the Commission.

     (Added to NAC by Comm’n on Ethics by R038-98, eff. 4-17-98)—(Substituted

in revision for NAC 281.011)

      NAC 281A.023  “Commission” defined. (NRS 281A.290)  “Commission”

means the Commission on Ethics.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008)

      NAC 281A.025  “Commission Counsel” defined. (NRS 281A.290)  “Commission

Counsel” means the legal counsel to the Commission appointed by the Commission

pursuant to NRS 281A.250.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000)—(Substituted

in revision for NAC 281.0151)

      NAC 281A.033  “Executive Director” defined. (NRS 281A.290)  “Executive

Director” means the Executive Director appointed by the Commission pursuant to NRS 281A.230.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008)

      NAC 281A.034  “First-party request for an opinion” defined. (NRS 281A.290)  “First-party

request for an opinion” means a request for an opinion filed pursuant to

subsection 1 of NRS 281A.440.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011)

      NAC 281A.035  “Hearing” defined. (NRS 281A.290)  “Hearing”

means a hearing concerning:

     1.  The merits of a third-party request for

an opinion;

     2.  A first-party request for an opinion; or

     3.  A request for an opinion filed pursuant

to subsection 6 of NRS 281A.550.

     (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; R134-10, 10-26-2011)—(Substituted

in revision for NAC 281.016)

      NAC 281A.045  “Investigate” defined. (NRS 281A.290)  “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)

      NAC 281A.047  “Investigatory panel” and “panel” defined. (NRS 281A.290)  “Investigatory

panel” or “panel” has the meaning ascribed to it in NRS 281A.108.

     (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)

      NAC 281A.050  “Opinion” defined. (NRS 281A.290)

     1.  “Opinion” means an oral or written

quasi-judicial decision rendered by the Commission pursuant to NRS 281A.440 or 281A.550.

     2.  The term includes, without limitation,

the disposition of a third-party request for an opinion by stipulation, agreed

settlement, consent order or default as authorized by NRS 233B.121.

    (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

281.0167)

      NAC 281A.060  “Party” defined. (NRS 281A.290)  “Party”

means the subject or his or her counsel, any staff of the Commission who

investigate a third-party request for an opinion and any other person who the

Commission reasonably determines will be treated as a party in a matter before

the Commission.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.017)

      NAC 281A.065  “Presiding officer” defined. (NRS 281A.290)  “Presiding

officer” means a member of the Commission appointed by the Chair to preside

over a hearing.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006)—(Substituted

in revision for NAC 281.0173)

      NAC 281A.070  “Principal office of the Commission” defined. (NRS 281A.290)  “Principal

office of the Commission” means the office of the Commission designated by the

Commission pursuant to NAC 281A.190 as the office

in which the business of the Commission must be primarily conducted.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006)—(Substituted

in revision for NAC 281.0177)

      NAC 281A.075  “Proceedings of an investigatory panel” defined. (NRS 281A.290)  “Proceedings

of an investigatory panel” means a review pursuant to NAC

281A.430 and determination by an investigatory panel as to whether there is

just and sufficient cause for the Commission to render an opinion on a matter

presented in a third-party request for an opinion. For the purposes of this

chapter, the proceedings of an investigatory panel do not constitute a hearing.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.0182)

      NAC 281A.090  “Requester” defined. (NRS 281A.290)  “Requester”

means a person who files with the Commission a third-party request for an

opinion.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.0192)

      NAC 281A.100  “Subject” defined. (NRS 281A.290)  “Subject”

means a public officer or public employee:

     1.  With respect to whom a third-party

request for an opinion has been filed;

     2.  Who files a first-party request for an

opinion; or

     3.  Who files a request for an opinion

pursuant to subsection 6 of NRS

281A.550.

     (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)

      NAC 281A.103  “Third-party request for an opinion” defined. (NRS 281A.290)  “Third-party

request for an opinion” means a request for an opinion:

     1.  Filed with the Commission pursuant to paragraph

(a) or (b) of subsection 2 of NRS

281A.440; or

     2.  Initiated by the Commission on its own

motion pursuant to paragraph (c) of subsection 2 of NRS 281A.440.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011)

      NAC 281A.105  “Vice Chair” defined. (NRS 281A.290)  “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)

      NAC 281A.110  Severability. (NRS 281A.290)

     1.  The provisions of this chapter are hereby

declared to be severable.

     2.  If any provision of this chapter is held

invalid, or if the application of any such provision to any person, thing or

circumstance is held invalid, such invalidity 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)

COMMISSION ON ETHICS

Administration

      NAC 281A.150  Election of Chair and Vice Chair.

(NRS 281A.290)  The

Commission will elect a Chair and a Vice Chair from among its members at its

first meeting of each new fiscal year.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000;

A by R111-03, 10-30-2003)—(Substituted in revision for NAC 281.0245)

      NAC 281A.155  Duties of Chair; delegation of assignments. (NRS 281A.290)  The

Chair:

     1.  Shall preside over the meetings and

hearings of the Commission.

     2.  May delegate assignments of work to the

staff of the Commission as necessary and appropriate, including, without

limitation, the scheduling of investigatory 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)

      NAC 281A.160  Duties of Vice Chair. (NRS 281A.290)  The Vice

Chair shall perform the duties of the Chair during the absence of the Chair.

     (Added to NAC by Comm’n on Ethics, eff. 12-24-85; A by

R038-98, 4-17-98; R102-00, 8-28-2000)—(Substituted in revision for NAC 281.027)

      NAC 281A.165  Vacancy in office of Chair. (NRS 281A.290)  If the

office of Chair becomes vacant, the Vice Chair shall serve as the Acting Chair

until the next meeting of the Commission, at which time the Commission will

elect a successor to fill the unexpired term of the Chair.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000)—(Substituted

in revision for NAC 281.029)

      NAC 281A.170  Vacancy in office of Vice Chair.

(NRS 281A.290)  If the

office of the Vice Chair becomes vacant, a successor will be elected by the

Commission at its next meeting to fill the unexpired term of the Vice Chair.

     (Added to NAC by Comm’n on Ethics, eff. 12-24-85; A by

R102-00, 8-28-2000)—(Substituted in revision for NAC 281.035)

      NAC 281A.175  Appointment of temporary Acting Chair or Vice Chair in certain

circumstances. (NRS 281A.290)  If both

the Chair and Vice Chair are disqualified or recused from participating in a

matter, the Commission may appoint a temporary Acting Chair or Vice Chair, or

both, for the matter.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000)—(Substituted

in revision for NAC 281.038)

      NAC 281A.180  Duties of Executive Director. (NRS 281A.290)  In

addition to any other duties of the Executive Director required by this chapter

or chapter 281A of NRS, or as

otherwise imposed by the Commission, the Executive Director shall:

     1.  Pursuant to paragraph (e) of subsection 1

of NRS 281A.240, create a

curriculum for training and conduct training for public officers and employers

of 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.  At the first meeting of the Commission of

each new fiscal 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 new fiscal year.

     3.  Adhere to the policies and procedures

adopted by the Commission for its internal governance and external dealings.

     (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)

      NAC 281A.190  Principal office of Commission: Designation; primary location for

conduct of business. (NRS 281A.290)

     1.  The Commission will designate which

office of the Commission will serve as the principal office of the Commission.

     2.  The business of the Commission must be

primarily conducted in the principal office of the Commission, including,

without limitation, the submission of any documents and any requests for an

opinion from the Commission.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006)—(Substituted

in revision for NAC 281.066)

      NAC 281A.195  Participation of member of Commission in ex parte communication. (NRS 281A.290)

     1.  If any member of the Commission

participates in an ex parte communication, the member must disclose to the

Commission that he or she participated in an ex parte communication.

     2.  If a 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” 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:

     (a) Is communicated outside the presence of the

entire Commission;

     (b) Is not communicated during a formal proceeding

of the Commission; and

     (c) Includes any comment, response or argument

regarding any:

          (1) Ongoing investigation by the Commission;

or

          (2) Matter that is pending before the Commission.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006;

A by R048-14, 10-24-2014)—(Substituted in revision for NAC 281.076)

      NAC 281A.200  Meetings of Commission: Majority required; necessary quorum

reduced for ineligible member. (NRS 281A.290)

     1.  A meeting of the Commission will not

proceed without a majority of the appointed and sworn members of the Commission

present. Except as otherwise provided in 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)

General Practice and Procedure Before Commission

      NAC 281A.250  Provisions governing practice and procedure: Applicability; construction;

deviation. (NRS

281A.290)

     1.  Except as otherwise provided in

subsection 3, the provisions of NAC 281A.250 to 281A.310, inclusive, govern all practice and

procedure before the Commission.

     2.  The 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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.093)

      NAC 281A.255  Written communications and documents: Form and manner of

submission; copies and exhibits; date of filing. (NRS 281A.290)

     1.  Each written communication or document

filed with the Commission must:

     (a) Be on the form provided by the Commission;

     (b) Be submitted in the manner prescribed on the

form; and

     (c) Include any:

          (1) Duplicate copy required to be included

with the form, as specified on the form; and

          (2) Necessary exhibits in a form and format,

including, without limitation, digital or electronic format, which is

reasonably accessible to the Commission.

     2.  Except as otherwise provided in NRS 281A.410 and 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 at the principal office of 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;

R048-14, 10-24-2014)—(Substituted in revision for NAC 281.097)

      NAC 281A.260  Consolidation of matters. (NRS 281A.290)  The

Commission may consolidate, in whole or in part, two or more matters into one

hearing if the Commission determines that the matters 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)

REVISER’S NOTE.

      Section 36 of LCB File No. R102-00 duplicated former NAC 281.101 (cf. NAC 281A.260) with minor changes. Thus, former NAC 281.101 (cf. NAC 281A.260) has been amended during codification to

reflect this new language.

 

      NAC 281A.265  Motions. (NRS 281A.290)

     1.  Motions related to a third-party request

for an opinion may only be made:

     (a) After an investigatory panel has made a

determination that there is just and sufficient cause for the Commission to

render an opinion pursuant to NRS

281A.220; and

     (b) Before the hearing on the matter unless the

cause for the motion arises for the first time during the hearing on the

matter.

     2.  A motion that is made before the hearing

on the matter must be in writing and must be filed at the principal office of

the Commission not later than the close of business on the date set by an order

of the Commission after the investigatory panel has made a determination that

there is just and sufficient cause for the Commission to render an opinion.

     3.  A written motion must contain:

     (a) A brief statement of the facts and the points

and authorities upon which the motion is based;

     (b) A description of the relief sought; and

     (c) A certificate of mailing which indicates that

the motion was served upon all other parties to the matter.

     4.  The Commission, in its discretion, may

allow a party making a motion to argue the motion before the Commission.

     5.  The Commission, in its discretion, may

allow a party or any other person to respond to a motion.

     6.  The Chair, in his or her discretion, may

accept and rule upon a motion on a matter, except a motion for disposition of a

matter, at any time before, during or after the hearing by the Commission on

the matter.

     7.  A motion for rehearing or for the

reconsideration of an opinion on a third-party request for an opinion issued by

the Commission must be filed with the Commission not later than 15 days after

the date on which the opinion of the Commission is served.

     (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; R084-08, 9-18-2008;

R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted in revision for NAC

281.103)

      NAC 281A.270  Discovery. (NRS 281A.290)  The

provisions for civil discovery set forth in N.R.C.P. 26 to 37, inclusive, do not apply to

matters before the Commission. Upon the request of a party, for good cause

shown, the Chair may allow discovery on a matter before the Commission to the

extent which he or she deems appropriate.

     (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)

      NAC 281A.275  Stipulations of fact; resolution of matter without hearing. (NRS 281A.290)

     1.  A party in a matter before the Commission

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 subject of a third-party request for an opinion, the Commission may, in

lieu of holding a hearing, resolve a matter before the Commission with 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.

     (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 281.109)

      NAC 281A.280  Oaths. (NRS 281A.290)

      1.  The

Chair and Vice Chair, including an Acting Chair and Acting Vice Chair, if any,

may administer oaths.

     2.  A court reporter present at meetings and

hearings may administer oaths.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000;

A by R111-03, 10-30-2003)—(Substituted in revision for NAC 281.112)

      NAC 281A.285  Subpoenas. (NRS 281A.290)  A

subject of a third-party request for an opinion may request that a subpoena be

issued by filing a written request for a subpoena at the principal office of

the Commission. A subject of a third-party request for an opinion who requests

the issuance of a subpoena pursuant to this section shall serve the subpoena in

accordance with NRS 281A.300

and pay the costs related to the service of the subpoena.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.1125)

      NAC 281A.290  Testimony in person required; exception. (NRS 281A.290)  A

subject or witness before the Commission shall testify in person, except that

the Commission may, for good cause shown, allow a witness to testify by

telephone or videoconference.

     (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)

      NAC 281A.295  Conduct of persons at meetings and hearings; consequences of

improper conduct. (NRS 281A.290)

     1.  All persons appearing before, or

attending a meeting or hearing of, the Commission shall conduct themselves in a

polite, respectful and orderly manner. Smoking is not 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)

      NAC 281A.300  Representation of subject by legal counsel. (NRS 281A.290)  A subject may retain legal counsel to

represent him or her during:

     1.  Any investigation of a third-party

request for an opinion; 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)

      NAC 281A.310  Determination of relationships within third degree of

consanguinity or affinity. (NRS 281A.290)

     1.  For the purposes of NRS 281A.065, the Commission will

determine the relationships of a public officer or employee, or the spouse or

domestic partner of the public officer or employee, by blood, adoption,

marriage or domestic partnership within the third degree of consanguinity or

affinity pursuant to the following chart and instructions:

 



Consanguinity/Affinity Chart

 



INSTRUCTION:

For

Consanguinity (relationship by blood) calculations:

Place the

public officer/employee for whom you need to establish relationships by

consanguinity in the blank box. The labeled boxes will then list the

relationship by title to the public officer/employee and the degree of distance

from the public officer/employee.

Anyone in

a box numbered 1, 2, or 3 is within the third degree of consanguinity.

For

Affinity (relationship by adoption, marriage or domestic partnership)

calculations:

Place the

spouse or domestic partner of the public officer/employee for whom you need to

establish relationships by affinity in the blank box. The labeled boxes will

then list the relationship by title to the spouse or domestic partner and the

degree of distance from the public officer/employee by affinity.

Spouses are related in the

first degree of affinity by marriage and domestic partners 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.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008;

A by R048-14, 10-24-2014)

First-Party Requests for Opinions

      NAC 281A.350  Requirements for consideration by Commission. (NRS 281A.290)  The

Commission will only consider a first-party request for an opinion filed by a

public officer or public employee that is on the form provided by the

Commission and submitted in the manner prescribed on the form.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000;

A by R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted in revision for NAC

281.1135)

      NAC 281A.353  Scheduling of hearing; effect of failure to appear at hearing. (NRS 281A.290)

     1.  Except as otherwise provided in

subsection 2, a first-party request for an opinion will be heard by the

Commission within 45 days after receipt of the first-party request for an

opinion by the Commission.

     2.  If a public officer or public employee

who files a first-party request for an opinion cannot appear before the

Commission for a hearing on the first-party request for an opinion within 45

days after receipt of the first-party request for an opinion by the Commission,

the public officer or public employee may submit a written statement

acknowledging that he or she cannot appear before the Commission for the

hearing and, if applicable, requesting a waiver of the 45-day period within

which the hearing must be held. A request for a waiver must be received not

later than 7 business days before the expiration of the 45-day period.

     3.  If the public officer or public employee

does not request a waiver pursuant to subsection 2 and fails to appear at the

hearing scheduled by the Commission within 45 days after receipt of the

first-party request for an opinion, the first-party request for an opinion will

be deemed withdrawn by the public officer or public employee making the

request.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008;

A by R134-10, 10-26-2011)

      NAC 281A.355  Withdrawal. (NRS 281A.290)  At any

time before the Commission renders an opinion relating to a first-party request

for an opinion, the public officer or public employee who filed the first-party

request for an opinion may withdraw the first-party request for an opinion by

providing a 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)

      NAC 281A.360  Determination regarding jurisdiction: Conduct by Executive

Director and Commission Counsel; notification; request for review by

Commission. (NRS

281A.290)  The

Executive Director shall confer with the Commission Counsel to determine

jurisdiction concerning a first-party request for an opinion. If the Commission

Counsel determines that the Commission lacks jurisdiction in the matter, the

Executive Director shall so notify the requesting public officer or public

employee. A public officer or public employee who receives a notice pursuant to

this section may request the Commission to review the determination regarding

jurisdiction. Such a request must be submitted to the principal office of the

Commission in writing not later than 10 days after the date on which the public

officer or public employee received notification.

     (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 281.1155)

      NAC 281A.365  Conduct of hearings; action by Commission; effect of opinion;

waiver of provisions; confidentiality. (NRS 281A.290)

     1.  The Chair or presiding officer of a

hearing concerning a first-party request for an opinion shall:

     (a) Ascertain whether the subject of the

first-party request for an opinion and all persons requested by the subject to

testify are present and whether all documents, books, records and other

evidence under subpoena are present in the hearing room before the hearing

begins.

     (b) Ensure that an oath is administered, in

accordance with NAC 281A.280, to the subject of

the first-party request for an opinion and all persons whose testimony will be

taken.

     2.  Except as otherwise provided in

subsection 3 of NAC 281A.353, the subject of the

first-party request for an opinion must be present at the hearing.

     3.  The Chair or presiding officer shall

allow the subject of the first-party request for an opinion to:

     (a) Present opening comments;

     (b) Present any evidence on his or her own behalf;

and

     (c) Examine any witnesses on his or her own behalf.

     4.  The subject of the first-party request

for an opinion, any witnesses or any counsel retained by the subject may be

questioned by any member of the Commission at any time during the proceeding.

     5.  Upon the conclusion of the presentation of

evidence by the subject of the first-party request for an opinion and the

examination of any witnesses, the Chair or presiding officer shall allow the

subject to present closing comments.

     6.  Upon the conclusion of the closing

comments by the subject of the first-party request for an opinion, the

Commission will:

     (a) Deliberate the issues of fact presented at the

hearing, make a final determination of the findings of fact and apply the

applicable law to the findings of fact;

     (b) Render an opinion on the matter; and

     (c) Submit a copy of the opinion to the subject.

     7.  The opinion rendered by the Commission is

binding upon the subject of the first-party request for an opinion as to his or

her future conduct pursuant to subsection 1 of NRS 281A.440.

     8.  The Commission may waive any provision of

this section if the Commission determines that such a waiver is necessary to

expedite the hearing or is in the interest of justice.

     9.  The first-party request for an opinion

and the information presented during the proceedings set forth in this section

must be kept confidential, unless the subject of the opinion acts in a manner

set forth in subsection 7 of NRS

281A.440 to waive the confidentiality of such information.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006;

A by R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted in revision for NAC

281.1175)

Third-Party Requests for Opinions

      NAC 281A.400  Requirements for consideration by Commission; contents;

withdrawal. (NRS

281A.290)

     1.  The Commission will only consider a

third-party request for an opinion filed pursuant to paragraph (a) or (b) of

subsection 2 of NRS 281A.440

which is on the form provided by the Commission and submitted in the manner

prescribed on the form.

     2.  A third-party request for an opinion

filed pursuant to paragraph (a) or (b) of subsection 2 of NRS 281A.440 must contain:

     (a) The original completed form for a third-party

request for an opinion;

     (b) Two copies of the completed form; and

     (c) Three copies of all supporting documents and

evidence.

     3.  A third-party request for an opinion

filed pursuant to paragraph (a) or (b) of subsection 2 of NRS 281A.440 must be accompanied

by evidence which supports the allegation that the subject has violated a

statutory ethical standard set forth in the third-party request for an opinion

and demonstrates that the alleged conduct of the subject would constitute a

violation of chapter 281A of NRS.

     4.  Once a third-party request for an opinion

has been filed with the Commission pursuant to paragraph (a) or (b) of

subsection 2 of NRS 281A.440,

the requester may only withdraw the third-party request for an opinion with the

consent of the Executive Director.

     5.  A request to withdraw a third-party

request for an opinion filed pursuant to paragraph (a) or (b) of subsection 2

of NRS 281A.440 must be in

writing and set forth the specific reasons for requesting the withdrawal of the

third-party request for an opinion.

     6.  As used in this section, “evidence which

supports the allegation” means any reliable and competent form of proof

provided by witnesses, public and private records, audio or visual recordings,

documents, exhibits, concrete objects and other such forms of proof that

support a reasonable belief in the truth of the allegation made in the

third-party request for an opinion. The term includes any evidence which is

offered that corroborates a newspaper article or other media report. The term

does not include a newspaper article or other media report if the article or

report is offered as the only evidence to support the allegation.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.186)

      NAC 281A.403  Recommendation to initiate request upon motion of Commission. (NRS 281A.290)

     1.  If the Executive Director receives

evidence that leads the Executive Director reasonably to conclude that a public

officer or public employee may have committed a violation of the Nevada Ethics

in Government Law as set forth in chapter

281A of NRS, the Executive Director may recommend to the Commission that

the Commission initiate a third-party request for an opinion upon its own

motion pursuant to paragraph (c) of subsection 2 of NRS 281A.440.

     2.  A recommendation from the Executive

Director pursuant to subsection 1 must:

     (a) Be submitted on a form prescribed by the

Commission;

     (b) Contain a written statement setting forth the

information that supports the recommendation; and

     (c) Include any reliable and competent form of

proof provided by witnesses, public and private records, audio or visual

recordings, documents, exhibits, concrete objects and other such forms of proof

that support the recommendation. Such forms of proof may include, without limitation,

any evidence which is offered that corroborates a newspaper article or other

media report but may not include a newspaper article or other media report if

the article or report is offered as the only evidence to support the

recommendation.

     3.  The Executive Director shall not submit a

recommendation to the Commission pursuant to subsection 1 based solely upon:

     (a) A statement other than a sworn statement; or

     (b) An allegation submitted to the Commission with

the intent to avoid disclosure of the identity of the person making the

allegation.

     4.  Upon receiving a recommendation from the

Executive Director pursuant to subsection 1, the Commission will:

     (a) Reject the recommendation without prejudice; or

     (b) Accept the recommendation and initiate a

third-party request for an opinion upon its own motion pursuant to paragraph

(c) of subsection 2 of NRS

281A.440.

     (Added to NAC by Comm’n on Ethics by R084-08, eff. 9-18-2008;

A by R134-10, 10-26-2011)

      NAC 281A.405  Determination regarding jurisdiction or compliance with filing

requirements: Conduct by Executive Director and Commission Counsel;

notification; review by Commission. (NRS 281A.290)

     1.  The Executive Director shall confer with

the Commission Counsel to determine whether:

     (a) The Commission has jurisdiction concerning a

third-party request for an opinion filed pursuant to paragraph (a) or (b) of

subsection 2 of NRS 281A.440;

and

     (b) The third-party request for an opinion was

filed with the Commission in compliance with the requirements of subsections 1,

2 and 3 of NAC 281A.400.

     2.  If the Executive Director and Commission

Counsel determine pursuant to subsection 1 that the Commission has jurisdiction

concerning the third-party request for an opinion and that the third-party

request for an opinion was filed in compliance with the requirements of

subsections 1, 2 and 3 of NAC 281A.400, the

Executive Director shall notify the requester and the subject of the request of

the determination.

     3.  The Executive Director shall notify the

requester of the determination if the Executive Director and Commission Counsel

determine pursuant to subsection 1 that:

     (a) The Commission lacks jurisdiction concerning

the third-party request for an opinion pursuant to subsection 1; or

     (b) The third-party request for an opinion was not

filed with the Commission in compliance with the requirements of subsections 1,

2 and 3 of NAC 281A.400.

     4.  A person who receives a notice pursuant

to subsection 2 or 3 may request a review by the Commission of the

determination made pursuant to subsection 1. Such a request must be submitted

to the principal office of the Commission in writing not later than 10 days

after the date on which the person received notification.

     5.  Upon receipt of a request for a review

pursuant to subsection 4, the Executive Director shall notify the subject if

the request for a review was made by the requester of the third-party request

for an opinion, or the requester of the third-party request for an opinion if

the request for a review was made by the subject. Such notification must

include, without limitation:

     (a) The third-party request for an opinion;

     (b) The determination of the Executive Director and

Commission Counsel made pursuant to subsection 1;

     (c) The request for a review made pursuant to

subsection 4;

     (d) The date on which the Commission will conduct

its review; and

     (e) Instructions for filing a response to the

request for a review, which must be filed not less than 5 business days before

the date on which the Commission will conduct its review.

     6.  The Commission will review a

determination made by the Executive Director and the Commission Counsel

pursuant to subsection 1 on the date provided in the notification made pursuant

to subsection 5. Action taken by the Commission pursuant to this subsection is

a final decision. The Commission will:

     (a) Dismiss the matter without prejudice upon a

finding that the third-party request for an opinion was not filed in compliance

with the requirements of subsections 1, 2 and 3 of NAC

281A.400;

     (b) Dismiss the matter upon a finding that the

Commission lacks jurisdiction concerning the third-party request for an opinion

pursuant to paragraph (a) or (b) of subsection 2 of NRS 281A.440; or

     (c) Accept jurisdiction of the matter upon a

finding that the third-party request for an opinion was filed in compliance with

the requirements of subsections 1, 2 and 3 of NAC

281A.400 and that the Commission has jurisdiction concerning the

third-party request for an opinion pursuant to paragraph (a) or (b) of subsection

2 of NRS 281A.440.

     7.  The Executive Director shall:

     (a) Notify the subject and the requester of the

third-party request for an opinion of the action taken by the Commission

pursuant to subsection 6; and

     (b) If the Commission accepts jurisdiction of the

matter, provide the notification required by NAC

281A.410.

     (Added to NAC by Comm’n on Ethics by R111-03, eff. 10-30-2003;

A by R186-05, 5-4-2006; R084-08, 9-18-2008; R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.1865)

      NAC 281A.410  Notification of subject after final determination of jurisdiction

or compliance with filing requirements; filing of response. (NRS 281A.290)

     1.  Once a third-party request for an opinion

has been filed with the Commission by a requester in compliance with the

requirements of subsections 1, 2 and 3 of NAC 281A.400

or initiated on the motion of the Commission and the Commission has determined

that the Commission has jurisdiction over the matter presented in the

third-party request for an opinion pursuant to NAC

281A.405, the Executive Director shall forthwith:

     (a) Notify the public officer or public employee

who is the subject of the third-party request for an opinion;

     (b) Provide the public officer or public employee

an opportunity to respond to the allegations contained in the third-party

request for an opinion; and

     (c) Investigate and proceed in the matter pursuant

to NRS 281A.440.

     2.  A notification made pursuant to

subsection 1 must:

     (a) Be in writing and sent to the subject of the

third-party request for an opinion by:

          (1) Personal delivery;

          (2) Certified mail, return receipt requested;

or

          (3) Overnight delivery service in which proof

of delivery is documented.

     (b) Include, without limitation:

          (1) All information filed by the requester or

information upon which the Commission based its motion, as appropriate;

          (2) An outline of the process used by the

Commission to resolve third-party requests for opinions; and

          (3) A form prescribed by the Commission for

waiving the time limits set forth in subsections 4, 5 and 6 of NRS 281A.440.

     3.  The subject of a third-party request for

an opinion may, within the time limit set forth in subsection 3 of NRS 281A.440, file with the

Commission a written response to the allegations contained in the third-party

request for an opinion. If the subject of a third-party request for an opinion

files with the Commission a waiver of the time limits set forth in subsections

4, 5 and 6 of NRS 281A.440,

the Executive Director may, for good cause shown, authorize one or more

extensions, of not more than 30 days each, of the time limit set forth in

subsection 3 of NRS 281A.440

for the subject to file a written response to the allegations contained in the

third-party request for an opinion.

     (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;

R048-14, 10-24-2014)—(Substituted in revision for NAC 281.188)

      NAC 281A.415  Investigation of additional issues and facts by Executive

Director; provision of additional notice to subject. (NRS 281A.290)

     1.  The Executive Director may investigate

relevant issues and facts beyond those presented in a third-party request for

an opinion in determining his or her written recommendation of whether there is

just and sufficient cause for the Commission to render an opinion on the

third-party request for an opinion.

     2.  If the Executive Director includes issues

and facts beyond those presented in the third-party request for an opinion in

his or her written recommendations 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 subsection 3 of NRS 281A.440.

     (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)

      NAC 281A.420  Confidentiality of request; confidentiality and availability of

information related to request. (NRS 281A.290)

     1.  Except as otherwise provided in NRS 281A.440, until the

conclusion of the proceedings of an investigatory panel to determine whether

there is just and sufficient cause for the Commission to render an opinion in

the matter:

     (a) The Commission will not confirm or deny whether

a third-party request for an opinion has been filed by a requester, or

initiated upon the motion of the Commission, against a public officer or public

employee; and

     (b) All information related to the third-party request

for an opinion in the possession of the Commission and its staff is

confidential.

     2.  Upon the conclusion of the proceedings of

an investigatory panel on a third-party request for an opinion, any information

related to the third-party request for an opinion, except the investigative

file of the Commission as described in subsection 16 of NRS 281A.440, is a public record

available for public review during normal business hours at the principal

office of 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;

R048-14, 10-24-2014)—(Substituted in revision for NAC 281.191)

      NAC 281A.425  Confidentiality of proceedings of investigatory panel. (NRS 281A.290)  The

proceedings of an investigatory panel to determine whether there is just and

sufficient cause for the Commission to render an opinion on a third-party

request for an opinion are confidential and closed to all persons except the

staff of the Commission.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000;

A by R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted in revision for NAC

281.192)

      NAC 281A.430  Considerations of investigatory panel. (NRS 281A.290)  At the

proceedings of an investigatory panel on a third-party request for an opinion,

the investigatory panel shall consider:

     1.  The results of the investigation of the

Executive Director and the recommendation of the Executive Director regarding

whether there is just and sufficient cause for the Commission to render an

opinion;

     2.  The third-party request for an opinion

and all related information and material filed with the Commission by the

requester or submitted on the motion of the Commission; and

     3.  The response, if any, of the public

officer or public employee who is the subject of the third-party request for an

opinion.

     (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 281.193)

      NAC 281A.435  Basis for finding by investigatory panel; unanimous finding

required for determination that there is not just and sufficient cause to

render opinion. (NRS 281A.290)

     1.  A finding by an investigatory panel as to

whether there is just and sufficient cause for the Commission to render an

opinion on a third-party request for an opinion must be based on credible

evidence.

     2.  A finding by an investigatory panel that

there is not just and sufficient cause for the Commission to render an opinion

on a third-party request for an opinion must be unanimous.

     3.  As used in this section, “credible

evidence” means the minimal level of any reliable and competent form of proof

provided by witnesses, records, documents, exhibits, concrete objects, and

other such similar means, that supports a reasonable belief by an investigatory

panel that the Commission should hear the matter and render an opinion on the

third-party request for an opinion. The term does not include a newspaper

article or other media report if the article or report is offered as the only

evidence to support the allegation.

     (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)

      NAC 281A.440  Recording and contents of determination by investigatory panel

that there is just and sufficient cause to render opinion. (NRS 281A.290)  A

determination issued by an investigatory panel pursuant to NRS 281A.220 which specifies that

there is just and sufficient cause for the Commission to render an opinion on a

third-party request for an opinion must be recorded in writing and include,

without limitation:

     1.  The findings of the investigatory panel;

and

     2.  The statutes upon which the investigatory

panel based its determination that there is just and sufficient cause for the

Commission to render an opinion.

     (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 281.1945)

      NAC 281A.445  Record of proceedings of investigatory panel. (NRS 281A.290)  The

Executive Director shall provide and make arrangements for a written record or

audio recording to be made of any proceedings of an investigatory panel.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000;

A by R134-10, 10-26-2011; R048-14, 10-24-2014)—(Substituted in revision for NAC

281.195)

      NAC 281A.450  Hearings: Advance written notice.

(NRS 281A.290)

     1.  Before the Commission holds a hearing

concerning a third-party request for an opinion, the Commission must serve the

subject with advance written notice of the hearing at least 10 days before the

date on which the hearing is scheduled to commence which includes the date,

time and location of the hearing.

     2.  The written notice required pursuant to

this section must comply with:

     (a) The requirements for notice set forth in

subsection 10 of NRS 281A.440;

and

     (b) Except as otherwise provided in this chapter

and chapter 281A of NRS, the

requirements for notice set forth in provisions concerning the adjudication in

contested cases in chapter 233B of

NRS.

     3.  A written record of the final

determination of the investigatory panel issued pursuant to NAC 281A.440 may serve as the written notice required

pursuant to this section if it includes the date, time and location of the

hearing and otherwise complies with the requirements set forth in this section.

     4.  Notice shall be deemed complete upon

delivery personally to the subject or by mailing the notice by certified mail

or overnight delivery service to the last known address of the subject.

     (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)

      NAC 281A.455  Hearings: Continuance. (NRS 281A.290)  The

procedures for obtaining and granting a continuance of a hearing concerning a

third-party request for an opinion are as follows:

     1.  The date or time of the hearing may be

continued for a reasonable time by the Executive Director:

     (a) Upon the written petition of the subject for

good cause shown; or

     (b) By stipulation of the subject and the

Commission, acting through the Executive Director.

     2.  A continuance will not be granted unless

it is made in good faith, is reasonably necessary and is not sought merely for

delay or by reason of inexcusable neglect of the subject.

     (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)

      NAC 281A.460  Hearings: Conduct; action by Commission; waiver of provisions. (NRS 281A.290)

     1.  The Chair or presiding officer of a hearing

concerning a third-party request for an opinion shall:

     (a) Ascertain whether all persons commanded to

appear under subpoena are present and whether all documents, books, records and

other evidence under subpoena are present in the hearing room before the

hearing begins.

     (b) Ensure that an oath is administered in

accordance with NAC 281A.280 to all persons whose

testimony will be taken.

     (c) 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

Chair or presiding officer may request all witnesses not to discuss the case

with any person during the pendency of the proceeding.

     (d) Hear and rule on any procedural motions,

approve any stipulations and address any administrative details.

     (e) Designate a member of the staff of the

Commission to present the third-party request for an opinion, the response to

the third-party request for an opinion by the subject and the determination of

the investigatory 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) Call and question any witnesses, present any

evidence on behalf of the Commission concerning the third-party request for an

opinion, and allow any member of the Commission to question such witnesses.

     2.  The subject may remain present during the

hearing.

     3.  The subject may question any witnesses.

     4.  Upon the conclusion of the presentation

of any evidence and the examination of any witnesses on behalf of the

Commission, the Chair or presiding officer shall request the subject to proceed

with the introduction of evidence and calling of witnesses on his or her

behalf.

     5.  The subject, any witnesses or any counsel

retained by the subject may be questioned by any member of the Commission at

any time during the proceeding.

     6.  Upon the conclusion of the presentation

of evidence by the subject and the examination of any witnesses, the Chair or

presiding officer shall allow the subject to present closing comments.

     7.  Upon the conclusion of the closing

comments by the subject, the Commission will deliberate the issues of fact

presented at the hearing, make a determination of the findings of fact, apply

the applicable law to the findings of fact and render an opinion concerning

whether the subject has violated any of the provisions of chapter 281A of NRS.

     8.  Upon a finding of a willful violation of

any of the provisions of chapter 281A

of NRS, the Commission may impose any civil penalties authorized pursuant to NRS 281A.480 and will impose any

other statutory remedies required pursuant to NRS 281A.480.

     9.  The Commission may waive any provision of

this section if necessary to expedite or ensure the fairness of the hearing.

     (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

281.201)

      NAC 281A.465  Hearings: Admission and exclusion of evidence. (NRS 281A.290)

     1.  In conducting any hearing concerning a

third-party request for an opinion, 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 Chair or presiding officer may

exclude immaterial, incompetent, cumulative or irrelevant evidence or order

that the presentation of such evidence be discontinued.

     3.  A subject may object to the introduction

of evidence if the subject:

     (a) Objects to such evidence promptly; and

     (b) Briefly states the grounds of the objection at

the time the objection is made.

     4.  If an objection is made to the

admissibility of evidence, the Chair or presiding officer may:

     (a) Note the objection and admit the evidence;

     (b) Sustain the objection and refuse to admit the

evidence; or

     (c) Receive the evidence subject to any subsequent

ruling of 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 281.203)

      NAC 281A.470  Failure of subject to appear at hearing or reply to notice. (NRS 281A.290)  If a

subject fails to appear at a hearing concerning a third-party request for an

opinion which is scheduled by the Commission 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 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. If the subject fails to appear at the hearing

or fails to reply to the notice provided pursuant to NAC

281A.410, the alleged violations specified in the determination of the

investigatory panel that there is just and sufficient cause for the Commission

to render an opinion may be considered as true.

     (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)

Opinions Concerning Employment of Certain Former Public

Officers or Employees by Regulated Businesses

      NAC 281A.475  Requirements for consideration by Commission. (NRS 281A.290)  The

Commission will only consider those requests for an opinion filed pursuant to

subsection 6 of NRS 281A.550

that are on the form provided by the Commission and submitted in the manner

prescribed on the form.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011;

A by R048-14, 10-24-2014)

      NAC 281A.480  Scheduling of hearing; effect of failure to appear at hearing. (NRS 281A.290)

     1.  Except as otherwise provided in

subsection 2, a request for an opinion filed pursuant to subsection 6 of NRS 281A.550 will be heard by the

Commission within 45 days after receipt of the request by the Commission.

     2.  If a public officer or public employee

who requests an opinion pursuant to subsection 6 of NRS 281A.550 cannot appear before

the Commission for a hearing on the request within 45 days after receipt of the

request by the Commission, the public officer or public employee may submit a

written statement acknowledging that he or she cannot appear before the Commission

for the hearing and, if applicable, requesting a waiver of the 45-day period

within which the hearing must be held. Such a request must be received not

later than 7 business days before the expiration of the 45-day period.

     3.  If the public officer or public employee

does not request a waiver pursuant to subsection 2 and fails to appear at the

hearing scheduled by the Commission within 45 days after receipt of the request

for an opinion, the request for an opinion will be deemed withdrawn by the public

officer or public employee making the request.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011)

      NAC 281A.485  Withdrawal. (NRS 281A.290)  At any

time before the Commission renders an opinion on a request for an opinion filed

pursuant to subsection 6 of NRS

281A.550, the public officer or public employee who filed the request for

the opinion may withdraw the request by providing a notice of withdrawal to the

Commission.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011)

      NAC 281A.490  Determination regarding jurisdiction: Conduct by Executive

Director and Commission Counsel; notification; request for review by

Commission. (NRS

281A.290)  The

Executive Director shall confer with the Commission Counsel to determine

jurisdiction concerning a request for an opinion filed pursuant to subsection 6

of NRS 281A.550. If the

Commission Counsel determines that the Commission lacks jurisdiction in the

matter, the Executive Director shall so notify the requesting public officer or

public employee. A public officer or public employee who receives a notice

pursuant to this section may request the Commission to review the determination

regarding jurisdiction. Such a request must be filed to the principal office of

the Commission in writing not later than 10 days after the date on which the

public officer or public employee received notification.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011)

      NAC 281A.495  Conduct of hearings; action by Commission; waiver of provisions;

confidentiality. (NRS 281A.290)

     1.  The Chair or presiding officer of a

hearing concerning a request for an opinion filed pursuant to subsection 6 of NRS 281A.550 shall:

     (a) Ascertain whether the subject of the request

for an opinion and all persons requested by the subject to testify are present

and whether all documents, books, records and other evidence under subpoena are

present in the hearing room before the hearing begins.

     (b) Ensure that an oath is administered, in

accordance with NAC 281A.280, to the subject of

the request for an opinion and all persons whose testimony will be taken.

     2.  Except as otherwise provided in

subsection 3 of NAC 281A.480, the subject of the

request for an opinion must be present at the hearing.

     3.  The Chair or presiding officer shall

allow the subject of the request for an opinion to:

     (a) Present opening comments;

     (b) Present any evidence on his or her own behalf;

and

     (c) Examine any witnesses on his or her own behalf.

     4.  The subject of the request for an

opinion, any witnesses or any counsel retained by the subject may be questioned

by any member of the Commission at any time during the proceeding.

     5.  Upon the conclusion of the presentation

of evidence by the subject of the request for an opinion and the examination of

any witnesses, the Chair or presiding officer shall allow the subject to

present closing comments.

     6.  Upon the conclusion of the closing

comments by the subject of the request for an opinion, the Commission will:

     (a) Deliberate the issues of fact presented at the

hearing, make a final determination of the findings of fact and apply the

applicable law to the findings of fact;

     (b) Render an opinion on the matter; and

     (c) Submit a copy of the opinion to the subject.

     7.  The Commission may waive any provision of

this section if the Commission determines that such a waiver is necessary to

expedite the hearing or is in the interest of justice.

     8.  The request for an opinion and the

information presented during the proceedings set forth in this section must be

kept confidential, unless the subject of the request for an opinion acts in a

manner set forth in subsection 7 of NRS

281A.550 to waive the confidentiality of such information.

     (Added to NAC by Comm’n on Ethics by R134-10, eff. 10-26-2011;

A by R048-14, 10-24-2014)

General Procedures for Hearings

      NAC 281A.500  Executive Director to provide information to Commission. (NRS 281A.290)  At least

1 week before the date on which the Commission is scheduled to hold a hearing

on a matter, the Executive Director shall provide to the Commission:

     1.  A statement of the matter that sets forth

the issues to be determined at the hearing;

     2.  A list of any witnesses and their

expected testimony; and

     3.  Any other information which the Executive

Director deems necessary to assist the Commission in hearing the matter.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000)—(Substituted

in revision for NAC 281.213)

      NAC 281A.505  Motion to disqualify member of Commission for good cause. (NRS 281A.290)

     1.  A 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. 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 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)

      NAC 281A.510  Commission to determine order of proceedings. (NRS 281A.290)  Except

as otherwise provided in NRS

281A.440 and NAC 281A.365, 281A.460 and 281A.495,

the Commission will determine, as it deems appropriate, the order of

proceedings for a hearing and will inform the parties thereof before the

hearing commences.

     (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)

      NAC 281A.515  Testimony: Oath or affirmation required. (NRS 281A.290)  All

testimony received at a hearing before the Commission must be given under oath

or affirmation.

     (Added to NAC by Comm’n on Ethics by R102-00, eff. 8-28-2000)—(Substituted

in revision for NAC 281.217)

      NAC 281A.520  Participation by subject of hearing; questioning of witnesses. (NRS 281A.290)

     1.  Except as otherwise provided in NRS 281A.440 and NAC 281A.365, 281A.460

and 281A.495, the Commission will provide the

subject of a hearing before the Commission with the opportunity to appear and

testify before the Commission and participate in the hearing. The subject of

the hearing may be represented by counsel, hear the evidence presented to the

Commission, respond and present evidence and testimony on his or her own

behalf, examine and cross-examine witnesses, and make arguments.

     2.  The Commission will question witnesses at

the hearing.

     (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)

Miscellaneous Provisions

      NAC 281A.550  Written opinions and abstracts: Contents; dissemination. (NRS 281A.290)

     1.  The Commission Counsel shall, if directed

by the Commission, prepare:

     (a) A written opinion of the Commission regarding a

first-party request for an opinion, a third-party request for an opinion or a

request for an opinion submitted pursuant to subsection 6 of NRS 281A.550; and

     (b) An abstract of any written opinion which is

confidential pursuant to subsection 7 of NRS 281A.440 or subsection 7 of NRS 281A.550.

     2.  A written opinion or abstract of the

Commission must plainly state:

     (a) If the opinion concerns a third-party request

for an opinion, each violation alleged against the public officer or public

employee who is the subject of the third-party request for an opinion;

     (b) Except as otherwise provided in subsection 7 of

NRS 281A.440, if the opinion

concerns a first-party request for an opinion, each question for which the

public officer or employee seeks guidance concerning the interpretation of a

statutory ethical standard;

     (c) If the opinion concerns a request for an

opinion filed pursuant to subsection 6 of NRS 281A.550, the relevant facts

in the case that do or do not justify relief from the strict application of the

provisions of subsection 3 or 5 of NRS

281A.550, as applicable;

     (d) The determination of the Commission with regard

to each allegation, question or fact, as applicable; and

     (e) The applicable findings of fact and conclusions

of law and any specific guidance concerning the interpretation of a statutory

ethical standard provided by the Commission to a public officer or public

employee who is the subject of a first-party request for an opinion.

     3.  Each written opinion and abstract must be

numbered, dated and signed by the Chair or presiding officer.

     4.  The Commission will:

     (a) Provide a copy of each written opinion and

abstract to each person who is a party;

     (b) Post a copy of each written opinion which is not

confidential and each abstract on the Internet website of the Commission at http://ethics.nv.gov;

and

     (c) Deliver a copy of a written opinion which is

not confidential or an abstract, as applicable, to any person who requests such

a copy.

     5.  As used in this section, “abstract” means

a version of a confidential written opinion that has been redacted or amended

to keep the identity of the requester of the opinion confidential.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.223)

      NAC 281A.555  Petitions to adopt, file, amend or repeal regulations. (NRS 233B.100, 281A.290)

     1.  Any person may submit a written petition

to the Commission at the principal 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.

     3.  The Commission may decline to act upon a

petition submitted pursuant to this section if the petition does not contain

the information required pursuant to subsection 2.

     4.  The Commission will:

     (a) Review and make a decision concerning the petition

at the next scheduled meeting of the Commission in which consideration of the

petition is feasible following the receipt of the petition; and

     (b) Notify the petitioner in writing of the

decision of the Commission concerning the petition within 30 days after the

petition is considered by the Commission.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006)—(Substituted

in revision for NAC 281.236)

      NAC 281A.560  Availability of public records for inspection and copying;

obtaining copies of transcripts; waiver of costs of copies of public records. (NRS 281A.290)

     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.

     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 principal 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 principal 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.

     (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; R048-14, 10-24-2014)—(Substituted

in revision for NAC 281.242)

      NAC 281A.615  Requirements for submission of disclosure of representation and

counseling and acknowledgement of statutory ethical standards. (NRS 281A.290)

     1.  The following documents must be on the

form provided by the Commission and submitted in the manner prescribed on the

form:

     (a) A disclosure of representation and counseling

required pursuant to NRS 281A.410;

and

     (b) An acknowledgment of the statutory ethical

standards required pursuant to NRS

281A.500.

     2.  The form for each document specified in

subsection 1 is available at the principal office of the Commission and on the

Internet website of 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;

R048-14, 10-24-2014)—(Substituted in revision for NAC 281.227)
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