Nev. Admin. Code § 240A.080 - Complaints about document preparation service: Methods; required information; procedure for notification by Secretary of State; investigation of alleged violation; action upon determination violation occurred
1. A person may make a complaint with the
Secretary of State about a document preparation service by calling the
toll-free telephone number established pursuant to
NRS
240A.250 or submitting a form for that
purpose which is made available on the Internet website of the Secretary of
State. The form may be submitted in person, electronically or by
mail.
2. A complaint made pursuant
to subsection 1 must include, to the extent practicable:
(a) The name of the document preparation
service;
(b) The physical street
address at which the document preparation service operates;
(c) The number of the certificate of
registration of the document preparation service;
(d) The reason for the complaint and any
statutory provision the document preparation service is alleged to have
violated;
(e) A copy of each
document relevant to the complaint; and
(f) Any other information deemed relevant by
the person who makes the complaint.
3. Not later than 15 business days after a
complaint is made pursuant to this section, the Secretary of State will notify
the document preparation service that a complaint has been made against the
document preparation service. The notice must be sent by certified mail and
shall be deemed to have been received by the document preparation service 3
days after the notice is mailed. The notice must include, without limitation:
(a) A description of each allegation
contained in the complaint;
(b) Any
statutory provision which the document preparation service is alleged to have
violated;
(c) An explanation of any
disciplinary action that may be taken against the document preparation service
if the complaint is verified;
(d)
Instructions on the manner in which the document preparation service may
respond to the complaint; and
(e) A
statement that the document preparation service must respond to the complaint
not later than 15 days after receiving the notice.
4. A document preparation service against
whom a complaint has been made must respond to the complaint not later than 15
days after receiving the notice described in subsection 3.
5. After receiving the response submitted by
the document preparation service or the expiration of the 15-day period for
submitting a response pursuant to subsection 4, the Secretary of State will
determine whether a violation has likely occurred and, if he or she determines
that a violation has likely occurred, may conduct an investigation pursuant to
NRS
240A.260. If the Secretary of State
determines that a violation:
(a) Has not
occurred, he or she will notify the document preparation service and the person
who submitted the complaint of this determination and the reasons for the
determination.
(b) Has likely
occurred, he or she will notify the document preparation service and the person
who submitted the complaint that:
(1) An
investigation may be conducted pursuant to
NRS
240A.260; and
(2) If, after such an investigation, the
Secretary of State determines that a violation has occurred, the Secretary of
State may take any action authorized pursuant to subsection 2 of
NRS
240A.260.
Notes
NRS 240A.120, 240A.250
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