Nev. Admin. Code § 338.Sec. 2 - NEW
1. Within 15 days after being served a
complaint pursuant to NAC
338.107, the person alleged to
have committed the violation which is the subject of the complaint shall file
an answer to the complaint with the Labor Commissioner and serve a copy of the
answer on the complainant, if the identity of the complainant is included in
the complaint, and every other person who is a party to the
proceeding.
2. Matters that are
alleged as an affirmative defense must be separately stated and
numbered.
3. If, after reviewing
the complaint and answer, the Labor Commissioner determines that further
investigation is warranted, the Labor Commissioner will order the awarding body
to conduct such further investigation pursuant to NAC
338.110, or the Labor
Commissioner will conduct his or her own investigation. Complaints filed
against the awarding body for which further investigation is warranted will be
investigated by the Labor Commissioner.
4. If no answer is timely filed and served
pursuant to subsection 1, the Labor Commissioner will determine that the person
alleged to have committed the violation is in default and, within 30 days after
the determination of a default, issue a decision and order based solely on the
facts as presented in the complaint. A decision issued by the Labor
Commissioner pursuant to this subsection constitutes the final order of the
Labor Commissioner on the matter.
Notes
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