Nevada Administrative Code Chapter 281A - Ethics in Government
Here’s a comprehensive overview of Nevada Administrative Code (NAC) Chapter 281A – Ethics in Government, which governs the operations of the Commission on Ethics and ethical standards for public officers and employees:
📓 Scope & Definitions
Scope: NAC 281A implements the Nevada Ethics in Government Law (NRS 281A), providing procedural rules for advisory opinions, ethics complaints, hearings, discovery, meetings, and enforcement (regulations.justia.com).
Key Definitions (e.g., “Just and sufficient cause,” “Opinion,” “Letter of instruction/caution,” “Jurisdiction”) are thoroughly laid out to clarify standards for initiating or dismissing matters (ethics.nv.gov).
⚖️ Advisory Opinions (NAC 281A.350–.370)
§ 281A.350: Details requirements for submitting advisory opinion requests, including jurisdictional checks and compliance with filing rules (leg.state.nv.us).
§ 281A.370: Once a valid request is received–and no related litigation or ethics complaint is pending–the Commission must issue an oral opinion within 45 days, which is then formalized (law.cornell.edu).
🕵️ Ethics Complaints & Investigations
NAC 281A.270: Civil discovery rules generally don't apply. The Commission Counsel may authorize limited discovery and issues scheduling orders. The Executive Director must share evidence intended for use at hearings (law.cornell.edu).
Panels & Cause Determinations: Defined procedures for investigatory panels to assess if there is “just and sufficient cause” to proceed, based on credible evidence (ethics.nv.gov).
🎤 Hearings & Procedural Rules
Motion Practice: Written motions must be filed according to NAC 281A.265 (deadlines, content, service) (leg.state.nv.us).
Quorum & Voting: Meetings require majority presence; recusals affect quorum counts according to NAC 281A.200 (regulations.justia.com).
Hearing Procedures: At hearings, the rules of evidence are loosely followed; the Commission hears evidence, deliberates, and issues opinions. For willful violations, penalties under NRS 281A.480 may apply (leg.state.nv.us).
📝 Confidentiality & Public Records
Third-party advisory opinion requests and related panels are confidential until just-cause determination is complete (law.justia.com).
Once panels conclude, many documents become public records, with exceptions for investigative files (leg.state.nv.us).
🧩 Additional Administrative Elements
Subpoena Authority: The Commission may issue subpoenas for advisory opinions or ethics cases, per NAC 281A.285 .
Regulation Change Process: External parties may petition rule amendments; petitions must include respondent details and purpose .
Form-Filing Requirements: Disclosures and acknowledgments (e.g., conflict-of-interest, ethics standards) must follow Commission-prescribed formats and submissions under NAC 281A.615 (leg.state.nv.us).
✅ In Practice
| Area | What to Know |
|---|---|
| Advisory requests | Must meet jurisdiction & deadline: Commission issues oral opinion within 45 days. |
| Complaints | Handled confidentially; panels decide if enough cause exists. |
| Hearings | Governed by procedural rules on motions, evidence, and due process. |
| Penalties | Willful misconduct can result in fines and remedies per NRS 281A.480. |
🔎 Related Statutes (NRS Chapter 281A)
NAC 281A is aligned to implement NRS procedures and substantive obligations, including:
Jurisdiction, limitations, and confidentiality (NRS 281A.220–.300),
Advisory opinion protocols (NRS 281A.670–.690),
Ethics complaint handling (NRS 281A.710–.735),
Penalties and sanctions (NRS 281A.480) (law.cornell.edu, ethics.nv.gov, law.justia.com, law.cornell.edu).
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