Section 281A.444 - Discovery1. 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.Nev. Admin. Code § 281A.444
(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