Nev. Admin. Code § 439.Sec. 38 - NEW
1. Any person may submit a complaint to the
Division alleging that a program or program facilitator has violated any
provision of sections 2 to 40, inclusive.
2. The Division shall not consider a
complaint concerning the cost of services provided by a program.
3. Upon the receipt of a complaint pursuant
to subsection 1, the Division shall provide written notice of receipt of the
complaint to the person who filed the complaint.
4. Not later than 45 days after receiving a
valid complaint concerning a program or program facilitator pursuant to
subsection 1, the Division shall initiate an investigation of the program or
program facilitator, as applicable. The Division may also investigate a program
or program facilitator if it determines that a program or program facilitator,
as applicable, has likely committed an action described in subsection 1,
regardless of whether a complaint is submitted.
5. An investigation conducted pursuant to
subsection 4 may include, without limitation:
(a) Requesting additional information or
documentation from the complainant or the program or program facilitator who is
the subject of the investigation or from any other person involved in the
investigation; and
(b) Visiting any
site at which the program operates or the program facilitator serves, as
applicable, to interview staff and clients, review records and make
observations.
6. An
investigation conducted pursuant to this section may include any matter that
appears to constitute a violation of sections 2 to 40, inclusive, regardless of
whether the matter is included in the complaint.
7. Not later than 10 business days after
completing an investigation, the Division shall:
(a) Compile a report of the investigation,
which must include, without limitation, a description of each violation
discovered during the inspection or a statement that no violation was
discovered during the investigation; and
(b) Make the report available to the program
or program facilitator, as applicable, that is the subject of the
report.
8. The dismissal
of a complaint must not be construed as preventing or limiting any subsequent
investigation or other action by the Division.
Notes
NRS 4.373, 5.055, 439.200
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