Revocation, suspension or denial of renewal of license, permit or registration: Complaint; notice of hearing.

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1. The procedure set forth in this section and NRS 645.690 must be followed before the Commission revokes, suspends or denies the renewal of any license, permit or registration of an owner-developer issued pursuant to this chapter.

2. Upon the initiation of a complaint by the Administrator, the matter must be set for a hearing by the Administrator, who shall schedule a hearing before the Commission, and the licensee, permittee or owner-developer is entitled to be heard thereon in person or by counsel.

3. The Commission shall hold the hearing within 90 days after the filing of a complaint by the Administrator. The time of the hearing may be continued upon the motion of the Commission or at the discretion of the Commission, upon the written request of the licensee, permittee or owner-developer or of the Division for good cause shown.

4. The licensee, permittee or owner-developer must be given at least 30 days’ notice in writing by the Division of the date, time and place of the hearing together with a copy of the complaint and copies of all communications, reports, affidavits or depositions in possession of the Division relevant to the complaint. The Division may present evidence obtained after the notice only if the Division shows that the evidence was not available after diligent investigation before the time notice was given to the licensee, permittee or owner-developer and that the evidence was given or communicated to the licensee, permittee or owner-developer immediately after it was obtained.

5. Notice is complete upon delivery personally to the licensee, permittee or owner-developer or by mailing by certified mail to the last known address of the licensee, permittee or owner-developer. If the licensee is a broker-salesperson or salesperson, the Division shall also notify the broker with whom he or she is associated, or the owner-developer by whom he or she is employed, by mailing an exact statement of the charges and the date, time and place of the hearing by certified mail to the owner-developer or broker’s last known address.

[Part 21:150:1947; A 1955, 19] — (NRS A 1957, 339; 1963, 675; 1969, 95; 1971, 453; 1975, 1553; 1979, 1551; 1981, 1329; 1983, 166; 1985, 1271; 2001, 523)


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