[Rev. 3/27/2014 6:36:46 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R048-13

[NAC-228 Revised Date: 3-12]

CHAPTER 228 - DOMESTIC VIOLENCE

GENERAL PROVISIONS

228.010              Definitions.

228.015              “Agency which provides child welfare services” defined.

228.020              “Committee” defined.

228.025              “Distance media” defined.

228.030              “Domestic violence” defined.

228.032              “Formal training in domestic violence” defined.

228.034              “Hour of continuing education” defined.

228.036              “Offender” defined.

228.040              “Program” defined.

228.050              “Provider of treatment” defined.

228.060              “Supervisor of treatment” defined.

CERTIFICATION OF PROGRAM FOR TREATMENT OF PERSONS WHO COMMIT DOMESTIC VIOLENCE

General Provisions

228.100              Application; requirements; abbreviated application for additional program; verification of information.

228.102              Provisional certificate.

228.104              Certification of program located in another state.

228.106              Payment for program: Indigent offenders; sliding scale.

228.110              Qualifications for supervisors of treatment and providers of treatment.

228.115              Duties of supervisors of treatment.

228.125              Changes to program; approval of Committee.

228.130              On-site inspection; annual renewal.

228.140              Grounds for refusal to issue or renew certificate, for revocation or suspension of certificate or for placement of program on probation.

228.150              Written notice required for refusal to issue or renew certificate or to revoke or suspend certificate; contents.

Requirements of Treatment Programs

228.160              Confidentiality.

228.165              Group counseling.

228.170              Method and standards of treatment.

228.175              Contents of written agreement between offender and provider of treatment.

228.180              Protection of victim.

228.185              Curriculum and instructional materials.

228.190              Inappropriate treatment.

228.195              Certificate of completion; discharge or termination; notice of potential for repeat of violent behavior; documentation.

228.197              Retention of records.

228.200              Failure to renew certificate.

Continuing Education and Formal Training

228.210              Requirements.

228.215              Application to offer or teach course.

228.220              Application to obtain credit for course not previously approved by Committee.

228.225              Approval of course by Committee; credit for completion; expiration of approval; written notice of approval, disapproval or denial of credit; request for reconsideration.

PRACTICE AND PROCEDURE BEFORE COMMITTEE ON DOMESTIC VIOLENCE

General Provisions

228.300              Scope.

228.310              Construction and purpose.

228.315              Informal actions for resolution.

Parties

228.320              Classification of parties.

228.330              Rights of parties in proceedings; appearances.

228.340              Representation of parties; qualifications of attorneys.

228.350              Service of process on attorney.

228.360              Withdrawal of attorney.

228.370              Standards of conduct.

Pleadings, Motions and Other Papers

228.380              Captions, amendments and construction of pleadings.

228.420              Motions.

228.430              Filing.

228.440              Service of process.

228.450              Acknowledgment or proof of service.

Complaints

228.460              General requirements; amendment.

228.470              Confidentiality of proceedings; investigation.

Hearings

228.490              Notice; location.

228.500              Continuance.

228.510              Failure of party to appear.

228.530              Preliminary procedure.

228.540              Testimony must be under oath.

228.550              Presentation of evidence; closing statements.

228.560              Consolidation.

228.570              Stipulations.

228.580              Official notice of facts.

228.590              Filing of briefs.

228.600              Decisions and orders by Committee; service.

228.610              Rehearings.

228.620              Filing of petition for judicial review; records of hearings.

Miscellaneous Petitions

228.625              Petitions to appear before Committee.

228.630              Petitions for declaratory orders or advisory opinions.

228.640              Petitions for adoption, amendment or repeal of regulations.

 

GENERAL PROVISIONS

      NAC 228.010  Definitions. (NRS 228.470)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 228.015 to 228.060, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.015  “Agency which provides child welfare services” defined. (NRS 228.470)  “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.020  “Committee” defined. (NRS 228.470)  “Committee” means the Committee on Domestic Violence appointed pursuant to NRS 228.470.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.025  “Distance media” defined. (NRS 228.470)  “Distance media” means video, computer, television, correspondence, the Internet or other electronic means of communication, or any combination thereof.

     (Added to NAC by Com. on Domestic Violence by R105-10, eff. 12-16-2010)

      NAC 228.030  “Domestic violence” defined. (NRS 228.470)  “Domestic violence” has the meaning ascribed to it in NRS 33.018 and may include, without limitation, physical, sexual or psychological violence.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.032  “Formal training in domestic violence” defined. (NRS 228.470)  “Formal training in domestic violence” means a course that is related to domestic violence and approved by the Committee pursuant to NAC 228.225.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.034  “Hour of continuing education” defined. (NRS 228.470)  “Hour of continuing education” means 60 minutes of instruction in a course of continuing education approved by the Committee pursuant to NAC 228.225.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.036  “Offender” defined. (NRS 228.470)  “Offender” means a person who has been convicted of an offense that constitutes domestic violence and has been ordered by a court of competent jurisdiction in this State to participate in a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.040  “Program” defined. (NRS 228.470)  “Program” means a program for the treatment of persons who commit domestic violence that is certified pursuant to NAC 228.100.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.050  “Provider of treatment” defined. (NRS 228.470)  “Provider of treatment” means a person who is qualified pursuant to NAC 228.110 to:

     1.  Be retained as an independent contractor at a program and conduct, with the assistance of another provider of treatment or a supervisor of treatment acting as a provider of treatment, a group counseling session for offenders in a program; or

 

     2.  Be employed at a program in a position other than as a supervisor of treatment and conduct, with the assistance of another provider of treatment or a supervisor of treatment acting as a provider of treatment, a group counseling session for offenders in a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.060  “Supervisor of treatment” defined. (NRS 228.470)  “Supervisor of treatment” means a person who is qualified pursuant to NAC 228.110 to be employed, or retained as an independent contractor, at a program and perform the duties set forth in NAC 228.115.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

CERTIFICATION OF PROGRAM FOR TREATMENT OF PERSONS WHO COMMIT DOMESTIC VIOLENCE

General Provisions

      NAC 228.100  Application; requirements; abbreviated application for additional program; verification of information. (NRS 228.470)

     1.  Except as otherwise provided in subsection 4, an organization which desires to obtain a certificate for a program must submit an application to the Committee on a form provided by the Committee, including, without limitation:

     (a) Proof that the organization has satisfied the requirements of subsection 3; and

     (b) A copy of the curriculum and the instructional materials that will be used in the program and that satisfy the requirements set forth in NAC 228.185.

     2.  The application must be signed by:

     (a) The person who will manage and control the organization; and

     (b) The person who will be the supervisor of treatment for the program.

     3.  To obtain a certificate, an organization which operates a program must:

     (a) Employ, or retain as an independent contractor, one or more providers of treatment who are qualified pursuant to NAC 228.110 to treat persons who commit domestic violence;

     (b) Employ, or retain as an independent contractor, at least one supervisor of treatment who is qualified pursuant to NAC 228.110 to supervise the treatment of persons who commit domestic violence;

     (c) Satisfy the requirements of NAC 228.010 to 228.225, inclusive;

     (d) Provide treatment to persons who have been convicted of a first offense that constitutes domestic violence within the immediately preceding 7 years which includes, at a minimum:

          (1) If the offender resides 70 miles or less from the nearest program, weekly counseling sessions which meet not less than 1 1/2 hours per week for not less than 6 months; or

          (2) If the offender resides more than 70 miles from the nearest program, counseling sessions which meet once every other week for not less than 6 months and which amount to not less than 6 hours of counseling per month;

     (e) Provide treatment to persons who have been convicted of a second offense that constitutes domestic violence within the immediately preceding 7 years which includes, at a minimum:

          (1) If the offender resides 70 miles or less from the nearest program, weekly counseling sessions which meet not less than 1 1/2 hours per week for 12 months; or

          (2) If the offender resides more than 70 miles from the nearest program, counseling sessions which meet once every other week for 12 months and which amount to not less than 6 hours of counseling per month;

     (f) Prohibit persons who have been convicted of a first offense that constitutes domestic violence within the immediately preceding 7 years from having more than four unexcused absences within a period of 6 months; and

     (g) Prohibit persons who have been convicted of a second offense that constitutes domestic violence within the immediately preceding 7 years from having more than eight unexcused absences within a period of 12 months.

     4.  In lieu of complying with the provisions of subsections 1 and 2, an organization that operates a program certified pursuant to this section and wishes to obtain a certificate for another program may submit an abbreviated application to the Committee if the curriculum and instructional materials for the additional program are substantially similar to the curriculum and instructional materials used in the certified program. An application submitted pursuant to this subsection must be on a form provided by the Committee and be signed by:

     (a) The person who will manage and control the organization; and

     (b) The person who will be the supervisor of treatment for the additional program.

     5.  By submitting an application pursuant to subsection 1 or 4, an applicant authorizes the Committee to investigate as it determines is necessary to verify the information set forth in the application. Upon the request of the Committee, the applicant must submit verification of that information.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008)

      NAC 228.102  Provisional certificate. (NRS 228.470)

     1.  The Committee may issue a provisional certificate to an organization that operates a program if the organization has submitted an application pursuant to NAC 228.100 and has substantially complied with the requirements set forth in that section.

     2.  A provisional certificate expires on the date of the next regularly scheduled meeting of the Committee unless the Committee renews the provisional certificate at that meeting. If the provisional certificate is renewed, it expires at the first regular meeting that is scheduled to be held after the meeting at which the Committee renewed the provisional certificate unless the Committee renews the provisional certificate a second time. If the provisional certificate is renewed for a second time, it expires at the first regular meeting that is scheduled to be held after the meeting at which the Committee renewed the provisional certificate for a second time.

     3.  The Committee will not renew a provisional certificate more than twice.

     4.  For the purposes of this section an organization has substantially complied with the requirements set forth in NAC 228.100 if the organization has employed, or retained as an independent contractor, one or more providers of treatment and at least one supervisor of treatment who meet the training and education requirements set forth in NAC 228.110.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.104  Certification of program located in another state. (NRS 228.470)

     1.  The Committee will certify, for 1 year, a program that is located in another state and that provides treatment to an offender who is authorized by a court in this State to participate in a program located in that state if the program:

     (a) Is certified by and in good standing with a regulatory agency in that state; or

     (b) Is not certified by a regulatory agency in that state but is approved by the court that sentenced the offender.

     2.  Upon request, the Committee will renew the certification of such a program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008)

      NAC 228.106  Payment for program: Indigent offenders; sliding scale. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  At least 5 percent of the offenders accepted by the program are indigent.

     2.  The program determines the ability of an offender to pay for the program and charges the offender a fee that is based on a sliding scale that enables the offender to pay for the program.

 

     3.  The program does not deny an offender participation in the program solely because of the offender’s inability to pay for the program.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.110  Qualifications for supervisors of treatment and providers of treatment. (NRS 228.470)

     1.  Except as otherwise provided in subsection 3, a person may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program if he or she:

     (a) Possesses a master’s or doctorate degree in a field of clinical human services from an accredited college or university;

     (b) Except as otherwise provided in subsection 4, is licensed in good standing in this State:

          (1) As a psychologist pursuant to chapter 641 of NRS;

          (2) As a marriage and family therapist pursuant to chapter 641A of NRS;

          (3) As a clinical professional counselor pursuant to chapter 641A of NRS;

          (4) As a clinical social worker pursuant to chapter 641B of NRS; or

          (5) To practice medicine pursuant to chapter 630 of NRS and practices psychiatry;

     (c) Has at least 2 years of experience in a supervisory capacity in the provision of services to victims of domestic violence or in the treatment of persons who commit domestic violence;

     (d) Has satisfactorily completed at least 60 hours of formal training in domestic violence which includes at least 30 hours of training in the provision of services to victims of domestic violence and at least 30 hours of training in the provision of treatment to persons who commit domestic violence;

     (e) Has satisfactorily completed at least 15 hours of the training in domestic violence required by paragraph (d) during the 2 years immediately preceding the date on which the person is employed, or retained as an independent contractor, in the position of a supervisor of treatment at the program;

     (f) Has satisfactorily completed at least 60 hours of in-service training;

     (g) Has never:

          (1) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

          (2) Been found guilty or guilty but mentally ill of; or

          (3) Been convicted of,

Ê a crime which demonstrates the person’s unfitness to act as a supervisor of treatment, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

     (h) Is free of violence in his or her life; and

     (i) Is not currently an abuser of prescription drugs or alcohol or a user of illegal drugs.

     2.  The Committee may review the qualifications of a person who may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program, to determine whether the person satisfies the requirements of subsection 1.

     3.  The provisions of paragraphs (c) and (f) of subsection 1 do not apply to a person who is employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program on August 1, 2000.

     4.  A person who does not comply with the requirements of paragraph (b) of subsection 1 may be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program if:

     (a) The person submits a written request to the Committee that includes, without limitation, a statement concerning his or her work history, education and experience;

     (b) The person participates in an interview with the Committee; and

     (c) The Committee determines that the person is qualified to be employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program.

     5.  Within 120 days after the Committee receives a request pursuant to subsection 4, the Committee will provide written notice of its approval or denial of the request to the person who submitted the request. If the Committee denies the request, the notice will include the reasons for the denial of the request.

     6.  A person who is employed, or retained as an independent contractor, in the position of a supervisor of treatment at a program pursuant to subsection 4 is qualified as a supervisor of treatment until the person is no longer employed, or retained as an independent contractor, by an organization that operates a program if he or she meets the annual continuing education requirements set forth in NAC 228.210.

     7.  Except as otherwise provided in subsection 9, a person may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program if the person:

     (a) Possesses a bachelor’s degree or more advanced degree;

     (b) Is supervised by a supervisor of treatment who is qualified pursuant to subsection 1, 3 or 4 and that supervision includes, without limitation, meeting with the supervisor of treatment in person at least once each month and having the supervisor of treatment submit annual reports of satisfactory performance to the Committee;

     (c) Has satisfactorily completed at least 60 hours of formal training in domestic violence that includes, without limitation, at least 30 hours of training in the provision of services to victims of domestic violence and at least 30 hours of training in the provision of treatment to persons who commit domestic violence;

     (d) Has satisfactorily completed at least 15 hours of the training in domestic violence required by paragraph (c) during the 2 years immediately preceding the date on which the person is employed, or retained as an independent contractor, in the position of a provider of treatment at the program;

     (e) Has satisfactorily completed at least 60 hours of in-service training;

     (f) Has never:

          (1) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

          (2) Been found guilty or guilty but mentally ill of; or

          (3) Been convicted of,

Ê a crime which demonstrates the person’s unfitness to act as a provider of treatment, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

     (g) Is free of violence in his or her life; and

     (h) Is not currently an abuser of prescription drugs or alcohol or a user of illegal drugs.

     8.  The Committee may review the qualifications of a person who may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program, to determine whether the person satisfies the requirements of subsection 7.

     9.  A person may be employed, or retained as an independent contractor, in the position of a provider of treatment at a program although the person does not meet the requirements of paragraph (a) of subsection 7, if the program is located in a county whose population is less than 50,000 and the person proves, to the satisfaction of the Committee, that:

     (a) There is not another program located within a 50-mile radius of the program, or within the city or county in which the program is located;

     (b) The person possesses the necessary skills and training to perform his or her job; and

     (c) The person has satisfied all other requirements of this section.

     10.  A person who is employed, or retained as an independent contractor, in the position of a provider of treatment at a program pursuant to subsection 9 is qualified as a provider of treatment for a period which ends on the expiration date of the certificate issued for the program pursuant to NAC 228.100.

     11.  One-half of the in-service training required by this section may be completed by observing a group counseling session via distance media if:

     (a) The in-service training is completed in a county whose population is less than 50,000 and which is located more than 50 miles from a program;

     (b) The distance media has been approved by the Committee; and

     (c) The person receiving the in-service training meets in person or via telephone with at least one provider of treatment or supervisor of treatment who is familiar with the group counseling session that was observed to discuss that group counseling session.

 

     12.  Not more than one-half of the formal training in the provision of services to victims of domestic violence and one-half of the formal training in the provision of treatment to persons who commit domestic violence required by paragraph (d) of subsection 1 and paragraph (c) of subsection 7 may be completed via distance media.

     13.  As used in this section:

     (a) “Free of violence in his or her life” means that a person:

          (1) Does not engage in acts of physical violence;

          (2) Does not verbally abuse, threaten, coerce or intimidate other persons on a regular basis;

          (3) Does not deny personal responsibility for the person’s actions or blame other persons for his or her mistakes on a regular basis; and

          (4) Lives his or her life in a manner that is capable of serving as a model of nonviolent behavior.

     (b) “In-service training”:

          (1) Means participation or observation of a group counseling session that:

               (I) Is conducted for offenders in a program;

               (II) Complies with the requirements of NAC 228.010 to 228.225, inclusive; and

               (III) Includes a discussion reviewing the group counseling session that is conducted in person with both providers of treatment or the provider of treatment and the supervisor of treatment acting as a provider of treatment who conducted the group counseling session.

          (2) Does not include the conducting of a group counseling session by a provider of treatment or a supervisor of treatment acting as a provider of treatment.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008; R105-10, 12-16-2010)

      NAC 228.115  Duties of supervisors of treatment. (NRS 228.470)  The organization that operates a program shall ensure that each supervisor of treatment:

     1.  Meets individually at least once each month with each provider of treatment he or she supervises;

     2.  Is available by telephone to consult with each provider of treatment he or she supervises;

     3.  Reviews, at least once each month, a random sample of at least 10 percent of the records of the offenders who are receiving treatment from each provider of treatment he or she supervises and records on a form approved by the Committee each record he or she reviews;

     4.  Observes, at least once every 3 months, a group counseling session conducted by each team of two providers of treatment he or she supervises who conduct counseling sessions for the program and records on a form approved by the Committee each group counseling session he or she observes; and

     5.  Prepares an annual report concerning the performance of each provider of treatment he or she supervises.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010)

      NAC 228.125  Changes to program; approval of Committee. (NRS 228.470)

     1.  Except as otherwise provided in subsection 6, an organization that operates a program shall request, in writing, approval from the Committee at least 10 days before making any change to the information submitted pursuant to NAC 228.100, including, without limitation:

     (a) An addition of a provider of treatment or supervisor of treatment;

     (b) A substantial change in the program;

     (c) A relocation of the program;

     (d) The discontinuance of the program; or

     (e) Any other change that relates to the certification of the program.

     2.  If an organization that operates a program seeks to employ, or retain as an independent contractor, in the position of a provider of treatment or supervisor of treatment, a person who is not currently employed, or retained as an independent contractor, in the position of a provider of treatment or supervisor of treatment at another program, the organization shall request approval from the Committee, on a form approved by the Committee which includes proof that the person is qualified pursuant to NAC 228.110.

     3.  Except as otherwise provided in subsection 7, if the Committee receives a request submitted pursuant to subsection 1 or 2:

     (a) At least 30 days before the next regularly scheduled meeting of the Committee, the Committee will include the request on the agenda for that meeting.

     (b) Less than 30 days before its next regularly scheduled meeting, the Committee will include the request on the agenda for the first regular meeting that is scheduled to be held more than 30 days after the Committee receives the request.

     4.  Within 15 days after the Committee renders its decision concerning the request, it will provide written notice to the organization of its approval or denial of the request. If the Committee denies the request, the notice will include the reasons for the denial.

     5.  The certification of the program remains in effect until the Committee provides notice to the organization in the manner prescribed by NAC 228.150.

     6.  If an organization that operates a program loses a provider of treatment or supervisor of treatment, the organization:

     (a) Shall notify the Committee, in writing, of the loss within 10 days after losing the provider of treatment or supervisor of treatment; and

     (b) May replace the provider of treatment or supervisor of treatment immediately if the organization requests, in writing, approval from the Committee within 10 days after replacing the provider of treatment or supervisor of treatment.

     7.  If an organization that operates a program seeks to employ, or retain as an independent contractor, in the position of a provider of treatment or supervisor of treatment, a person who is currently employed, or retained as an independent contractor, in the position of a provider of treatment or supervisor of treatment at another program, the organization shall request approval from the Committee pursuant to subsection 1. The Committee may approve the request without placing the request on an agenda for a meeting of the Committee.

     8.  If an organization that operates a program is no longer in compliance with the provisions of NAC 228.010 to 228.225, inclusive, because the only supervisor of treatment, or the only male or female provider of treatment, employed or retained at the program is no longer employed or retained at the program, the organization shall submit, within 10 days after the person ceases to be employed or retained, a written plan describing the actions the organization will take to regain compliance with the provisions of NAC 228.010 to 228.225, inclusive, within 45 days after submission of the written plan.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010)

      NAC 228.130  On-site inspection; annual renewal. (NRS 228.470)

     1.  The Committee may, each year, conduct an on-site inspection of each program to determine whether the organization that operates the program is in compliance with the provisions of NAC 228.010 to 228.225, inclusive. If the Committee finds a violation of NAC 228.010 to 228.225, inclusive, during the on-site inspection of the program, the Committee may require the organization that operates the program to complete a plan detailing the action necessary to remedy the violation within 45 days after the date of the inspection. The Committee will review the plan to determine compliance at the first subsequent meeting of the Committee after the plan is completed and will determine whether to approve the plan.

     2.  An organization that has obtained a certificate for a program pursuant to NAC 228.100 must renew its certification within 1 year after obtaining the certificate. If the organization was issued a provisional certificate pursuant to NAC 228.102 before it obtained a certificate for a program pursuant to NAC 228.100, the certificate obtained pursuant to NAC 228.100 expires 1 year after the Committee first issued the provisional certificate.

     3.  An organization that wishes to renew its certification must submit a completed application for renewal to the Committee at least 60 days before the certificate expires.

     4.  The certificate will be renewed if the Committee determines that:

     (a) The application for renewal is complete;

     (b) The organization which operates the program has satisfied the requirements of subsection 3 of NAC 228.100;

     (c) The program has passed the inspection of the Committee conducted pursuant to subsection 1, if one is conducted; and

     (d) The organization which operates the program has submitted:

          (1) Proof of completion of the hours of continuing education required by NAC 228.210; and

          (2) The annual reports required by NAC 228.115.

     5.  If a completed application and the documents described in paragraph (d) of subsection 4 are received by the Committee on or before the expiration date of the certificate, the certificate remains in effect after the expiration date of the certificate unless the Committee provides notice to the organization in the manner prescribed by NAC 228.150.

     6.  If a completed application and the documents described in paragraph (d) of subsection 4 are not received by the Committee on or before the expiration date of the certificate, the certificate becomes delinquent and the Committee will, within 30 days after the certificate becomes delinquent, send a notice to that effect by certified mail, return receipt requested, to the last known address of the organization as indicated in the records of the Committee.

     7.  If a completed application or a document described in paragraph (d) of subsection 4 is deposited with the United States Postal Service, it shall be deemed received by the Committee on the date indicated on the post office cancellation mark stamped upon the envelope containing the document if:

     (a) The envelope is properly addressed to the Committee; and

     (b) That date is earlier than the actual receipt of that document.

     8.  The organization may renew the certificate within 90 days after the certificate becomes delinquent if the organization complies with the requirements set forth in subsection 4.

     9.  If a certificate is not renewed within 90 days after the certificate becomes delinquent, the certificate expires without further notice or a hearing and the Committee will remove the program from the list of programs that it provides to the courts of this State.

     10.  If a certificate expires pursuant to subsection 9, the organization which operated the program may reapply for certification of the program pursuant to NAC 228.100.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R105-10, 12-16-2010)

      NAC 228.140  Grounds for refusal to issue or renew certificate, for revocation or suspension of certificate or for placement of program on probation. (NRS 228.470)  The Committee may refuse to issue or renew a certificate for a program, revoke or suspend a certificate or place a program on probation with specified conditions for a specified period if:

     1.  The organization that operates the program has not complied with NAC 228.010 to 228.225, inclusive;

     2.  The organization that operates the program has obtained a certificate or any other license by fraudulent misrepresentation;

     3.  A staff member of the program has committed gross malpractice in his or her actions or omissions related to the program;

     4.  A staff member of the program, while at a facility of the program or while performing any work for the program, has been intoxicated or has used or possessed a controlled substance without a prescription;

     5.  A staff member of the program has engaged in violent behavior or has:

     (a) Entered a plea of guilty, guilty but mentally ill or nolo contendere to;

     (b) Been found guilty or guilty but mentally ill of; or

     (c) Been convicted of,

Ê a crime which demonstrates his or her unfitness to act as a staff member of the program, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal;

     6.  A state or other regulatory board has taken disciplinary action against a staff member of the program;

     7.  The organization that operates the program or a staff member of the program has engaged in unethical practice in the treatment of persons who commit domestic violence;

     8.  The organization that operates the program fails to request approval of a change in the program as required by NAC 228.125;

     9.  The organization that operates the program or a staff member of the program fails to comply with a stipulation, agreement, order, advisory opinion or declaratory order issued by the Committee;

     10.  The program provides treatment to an offender after its certificate has expired; or

     11.  The organization that operates the program or a staff member of the program has engaged in any other unjust practice, method or treatment which the Committee determines warrants such an action.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000; R001-08, 8-26-2008)

      NAC 228.150  Written notice required for refusal to issue or renew certificate or to revoke or suspend certificate; contents. (NRS 228.470)

      1.  The Committee may:

     (a) Refuse to issue a certificate for a program;

     (b) Refuse to renew a certificate for a program for failure to comply with the provisions of paragraph (b) or (c) of subsection 4 of NAC 228.130; or

     (c) Revoke or suspend a certificate for a program,

Ê only upon 20 days’ written notice provided to any person who may be affected by such an action.

     2.  The notice will contain a brief statement of the reasons for the contemplated action of the Committee and designate the time and place of a hearing to be held before any final action is taken by the Committee.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

Requirements of Treatment Programs

      NAC 228.160  Confidentiality. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  A provider of treatment, a supervisor of treatment who is acting as a provider of treatment, or any other staff member of the program does not disclose any confidential communications made by an offender during the course of treatment or acquired through his or her work with the program, except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Committee;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     2.  Each staff member of the program maintains a confidential record indicating the reason for the treatment of the offender or the course and scope of treatment provided by a provider of treatment.

     3.  No staff member of the program discloses a confidential record or information contained in such a record to another person except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Committee;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     4.  A provider of treatment:

     (a) Informs each offender of the provisions set forth in subsections 1 and 3; and

     (b) Before providing any treatment to the offender, obtains written consent from the offender on a form prescribed by the Committee that sets forth that a confidential communication made by the offender and a confidential record relating to the offender or information contained in such a record may be disclosed for any of the purposes set forth in subsection 1 or 3.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.165  Group counseling. (NRS 228.470)

     1.  An organization that operates a program shall ensure that:

     (a) The treatment provided to an offender by the program is provided in a group counseling session that:

          (1) Is conducted by:

               (I) Two providers of treatment, one of whom is male and one of whom is female;

               (II) A provider of treatment and a supervisor of treatment who is acting as a provider of treatment, one of whom is male and one of whom is female; or

               (III) One provider of treatment only if an emergency exists which prevents a group counseling session from being conducted pursuant to sub-subparagraph (I) or (II) and not more than four group counseling sessions in a period of 26 weeks, or eight group counseling sessions in a period of 52 weeks, are conducted by one provider of treatment only;

          (2) Is conducted for the gender of the offenders in the group counseling session; and

          (3) Except as otherwise provided in subsection 2, consists of not less than 3 offenders or more than 24 offenders.

     (b) If a supervisor of treatment determines that an offender cannot be treated in a group counseling session because the offender has a physical or mental limitation that is not related to the abuse of drugs or alcohol, the offender is referred to an appropriate provider of health care or other services.

     (c) A supervisor of treatment who is making a determination pursuant to paragraph (b) has provided reasonable accommodation to the known physical or mental limitations of an offender with a disability who is otherwise eligible to obtain treatment in a group counseling session, unless the supervisor of treatment can demonstrate that such accommodation would result in a fundamental alteration of the program or an undue financial or administrative burden.

 

 

     (d) If an offender does not receive treatment by the program because of a determination made pursuant to paragraph (b), the supervisor of treatment notifies the court that sentenced the offender of that fact and advises the offender to do the same.

     (e) Except as otherwise provided in subsection 2, a separate group counseling session is provided for an offender who is under the age of 18 years and for whom an adult session is not suitable.

     2.  The Chair of the Committee may waive the requirements set forth in subparagraph (3) of paragraph (a) of subsection 1 or paragraph (e) of subsection 1 if he or she determines that it would be impracticable or impossible for an organization that operates a program to comply with those requirements.

     3.  As used in this section, “provider of health care or other services” includes:

     (a) A physician or a physician assistant who is licensed pursuant to chapter 630 of NRS;

     (b) A psychologist who is licensed pursuant to chapter 641 of NRS;

     (c) A marriage and family therapist who is licensed pursuant to chapter 641A of NRS;

     (d) A clinical professional counselor who is licensed pursuant to chapter 641A of NRS; and

     (e) A clinical social worker who is licensed pursuant to chapter 641B of NRS.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008; R105-10, 12-16-2010)

      NAC 228.170  Method and standards of treatment. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  The program holds an offender accountable for accepting responsibility for his or her violence and for changing his or her violent behavior, including, without limitation, developing concern and empathy for a person who is a victim of domestic violence.

     2.  A provider of treatment:

     (a) Evaluates individually each offender for whom he or she will provide treatment upon the admission of the offender to the program;

     (b) Develops a written plan of treatment for the offender that includes, without limitation:

          (1) Treatment relating to a history of domestic violence, child abuse, sexual abuse or the abuse of drugs or alcohol by the offender and treatment relating to the evaluation of the offender by the provider of treatment; and

          (2) A mechanism for measuring the progress of the offender in the program, including, without limitation, his or her attendance and participation in group counseling sessions, completion of assignments, and behavior and attitudinal changes;

     (c) Develops, in consultation with the offender, a written plan of control for the offender to deter the offender from engaging in violent behavior or behavior that is harmful to himself or herself or other persons;

     (d) Reports evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency; and

     (e) Reports evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093.

     3.  A provider of treatment prepares a written report of the results of the evaluation conducted pursuant to subsection 2 that includes, without limitation:

     (a) A profile of information relating to the violent behavior of the offender that includes, without limitation, descriptions of the violent behavior obtained from a victim of domestic violence by the offender, an agency of criminal justice or another provider of treatment, if applicable;

     (b) Observations regarding the mental status of the offender, if the provider of treatment determines that it is appropriate to include those observations in the evaluation;

     (c) An assessment of the degree to which the offender is likely to harm himself or herself or other persons;

 

 

     (d) The medical and psychological history of the offender, if the provider of treatment determines that it is appropriate to include that information in the evaluation;

     (e) A description of any abuse of drugs or alcohol by the offender and the effect that the abuse had on the offender and his or her family; and

     (f) The social and cultural history of the offender as it relates to domestic violence.

     4.  Upon the admission of an offender to the program, the program requires a written agreement that sets forth the responsibilities of the offender and the provider of treatment and includes the provisions set forth in NAC 228.175. The agreement must be signed by:

     (a) The offender in the presence of a provider of treatment; and

     (b) The provider of treatment who witnessed the signature pursuant to paragraph (a).

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R001-08, 8-26-2008)

      NAC 228.175  Contents of written agreement between offender and provider of treatment. (NRS 228.470)  An organization that operates a program shall ensure that the agreement an offender is required to comply with pursuant to NAC 228.170 provides:

     1.  That the offender agrees to:

     (a) Submit a copy of:

          (1) The report prepared by a peace officer pursuant to NRS 171.1227;

          (2) The order of the court requiring the offender to participate in a program;

          (3) Any report concerning probation prepared by the offender’s parole and probation officer; and

          (4) The results of a psychological evaluation of the offender if such an evaluation has been completed;

     (b) Be free of all forms of violence, including, without limitation, physical, sexual and psychological violence;

     (c) Accept responsibility for his or her violent behavior;

     (d) Refrain from using sexist or racist language in the group counseling sessions;

     (e) Pay any fee charged by the program pursuant to NAC 228.106;

     (f) Refrain from using any alcohol or drugs during the period in which the offender is participating in the program if the provider of treatment indicates in the report of the results of the evaluation he or she prepared pursuant to NAC 228.170 that the offender has abused alcohol or drugs;

     (g) Openly express feelings and emotions in the group counseling sessions;

     (h) Refrain from discussing the identity of or communications made by another offender in a group counseling session;

     (i) Refrain from violating an order of a court of competent jurisdiction, including, without limitation, a temporary or extended order for protection against domestic violence, an order prohibiting contact with a person who is a victim of domestic violence by the offender, an order obligating the offender to support his or her family, or a condition of probation;

     (j) Refrain from communicating with or otherwise contacting or attempting to contact a victim of domestic violence by the offender who resides in a shelter for victims of domestic violence;

     (k) Refrain from visiting a shelter for victims of domestic violence;

     (l) Assist the provider of treatment in developing a written plan of control as described in NAC 228.170; and

     (m) Use the plan of control described in NAC 228.170.

     2.  The number of treatment sessions the offender must attend to complete the treatment ordered by the court and the number of absences from treatment sessions that the offender is allowed, if any.

     3.  That the program will, pursuant to NAC 228.195, terminate the treatment of the offender if he or she violates any of the provisions of the agreement.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.180  Protection of victim. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  No staff member of the program:

     (a) Blames a person who is a victim of domestic violence for the domestic violence; or

     (b) Places a person who is a victim of domestic violence in danger as a result of any statement made or action taken by the staff member.

     2.  If a provider of treatment receives a request from a person who is a victim of domestic violence or who he or she determines is at risk of becoming a victim of domestic violence by the offender, the provider of treatment assists the person in developing and carrying out a plan for the safety and protection of that person.

     3.  Each staff member of the program maintains any information relating to a victim of domestic violence separate from any records or other information relating to an offender.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.185  Curriculum and instructional materials. (NRS 228.470)  An organization that operates a program shall ensure that the curriculum and instructional materials used in the program include the following topics:

     1.  The patterns and cycle of violent or abusive behavior;

     2.  How patterns and attitudes toward violent behavior in a family are often learned by the generations that follow;

     3.  The ability to remove oneself from situations that have the potential of becoming violent before acting in a violent or abusive manner;

     4.  Beliefs of offenders and myths relating to provocation;

     5.  The necessity of using a plan of control that is developed by a provider of treatment pursuant to NAC 228.170;

     6.  Tactics used by an offender to obtain or maintain power over and control of a person who is a victim of domestic violence, including, without limitation, isolating the person, emotionally abusing the person, sexually abusing the person, intimidating the person and threatening the person;

     7.  Methods of controlling violent behavior;

     8.  Management of stress;

     9.  Socialization of roles relating to gender and the effect of those roles on the beliefs and attitudes of the offender relating to his or her violent behavior;

     10.  Resolution of conflict;

     11.  Skills for effective communication;

     12.  Taking responsibility for engaging in violent behavior;

     13.  Personal and cultural attitudes toward the opposite sex;

     14.  Cultural and societal bases for engaging in violent behavior, including, without limitation, values and beliefs relating to violent behavior;

     15.  Defining alcoholism and other forms of substance abuse and discussing the effect that substance abuse has on an offender and his or her family;

     16.  Skills related to parenting that focus on the effect of domestic violence on children;

     17.  Skills related to enhancing personal relationships;

     18.  Guilt and shame experienced by an offender relating to his or her violent behavior;

     19.  The ability to share power and decision making equally in a personal relationship;

     20.  Using a model for personal relationships that is based on nonviolence and equality and that incorporates the concepts of accountability for one’s own behavior, negotiation, fairness, and equality concerning economic issues; and

     21.  Identifying signs of a relapse in behavior and methods of preventing such a relapse.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

 

      NAC 228.190  Inappropriate treatment. (NRS 228.470)  An organization that operates a program shall ensure that:

     1.  The treatment provided to an offender by the program is not:

     (a) Based on the premise that domestic violence is a disease or an addictive behavior; and

     (b) Provided as a counseling session with a person who was a victim of domestic violence by the offender unless:

          (1) The offender has completed the treatment ordered by the court; and

          (2) The person who was the victim of domestic violence feels safe and a provider of treatment has developed a plan to ensure the safety of that person.

     2.  The program does not:

     (a) Delay the treatment of an offender because the offender is abusing drugs or alcohol; and

     (b) Credit any treatment sessions an offender completed for the abuse of drugs or alcohol toward the completion of the treatment ordered by the court.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.195  Certificate of completion; discharge or termination; notice of potential for repeat of violent behavior; documentation. (NRS 228.470)

     1.  An organization that operates a program shall ensure that:

     (a) The program issues a certificate of completion to an offender who:

          (1) Successfully completes the program; and

          (2) Complies with the provisions of the agreement set forth in NAC 228.175.

     (b) The program issues a discharge to an offender who is unable to complete the program because he or she has moved from the area of service of the program or has been referred to another program.

     (c) The program terminates the treatment of an offender who violates any of the provisions of the agreement set forth in NAC 228.175.

     2.  If the program issues a discharge to an offender or terminates the treatment of an offender, the organization that operates the program shall notify:

     (a) The court that sentenced the offender of the discharge or termination and provide to the court a written summary concerning the behavior of the offender in the program and the number of treatment sessions the offender successfully completed, if any; and

     (b) The offender that he or she is required to make a request to the court that sentenced him or her to reassign him or her to another program.

     3.  An organization that operates a program shall ensure that if, at the time that a discharge or termination of an offender is considered, the offender exhibits signs of violent behavior and resists treatment, a provider of treatment:

     (a) Notifies each person who is known to be a victim of domestic violence by the offender, if possible;

     (b) Provides to the court that sentenced the offender, and to each of the following persons the provider of treatment determines is necessary, a statement of the progress of the offender and the recommendation of the provider of treatment concerning whether the treatment of the offender should be continued or terminated:

          (1) The parole and probation officer of the offender;

          (2) The prosecuting attorney; and

          (3) An agency which provides child welfare services; and

     (c) Requests that the offender continue his or her participation in the program or refers the offender to another program.

     4.  An organization that operates a program shall ensure that any documentation of actions taken under this section is placed in the file of the offender.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

      NAC 228.197  Retention of records. (NRS 228.470)  An organization that operates a program shall retain all records relating to an offender for 7 years after the last date of treatment of that offender.

     (Added to NAC by Com. on Domestic Violence by R001-08, eff. 8-26-2008)

      NAC 228.200  Failure to renew certificate. (NRS 228.470)  If the certification of a program is not renewed, the organization that operates the program shall notify each:

     1.  Court that refers offenders to the program that the certification of the program was not renewed; and

     2.  Offender who has been referred to the program that he or she is required to make a request to the court that sentenced him or her to:

     (a) Reassign the offender to another program; and

     (b) Determine the number of treatment sessions the offender completed, if any, that will be credited toward the completion of the treatment ordered by the court.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

Continuing Education and Formal Training

      NAC 228.210  Requirements. (NRS 228.470)

     1.  An organization that operates a program shall:

     (a) Ensure that each supervisor of treatment and each provider of treatment complete annually at least 15 hours of continuing education approved by the Committee, of which:

          (1) Not more than 10 hours may be completed via distance media if the supervisor of treatment or provider of treatment provides services to offenders anywhere in this State other than in Boulder City, Carson City, Henderson, Las Vegas, North Las Vegas, Reno or Sparks.

          (2) Not more than 7.5 hours may be completed via distance media if the supervisor of treatment or provider of treatment provides services to offenders in Boulder City, Carson City, Henderson, Las Vegas, North Las Vegas, Reno or Sparks.

     (b) Maintain proof of the content and completion of the hours of continuing education required pursuant to paragraph (a) for each supervisor of treatment and each provider of treatment for at least 2 years after the 15 hours of continuing education are completed.

     (c) Maintain proof of the content and completion of the hours of formal training required pursuant to NAC 228.110 for each supervisor of treatment and each provider of treatment until the supervisor of treatment or provider of treatment is no longer employed, or retained as an independent contractor, by the organization.

     2.  A provider of treatment or supervisor of treatment may not receive credit for continuing education for completing a course of continuing education if he or she has already completed the course within the immediately preceding 2 years.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

      NAC 228.215  Application to offer or teach course. (NRS 228.470)

     1.  A person who wishes to offer or teach a course of continuing education or formal training in domestic violence must submit to the Committee an application that includes, without limitation:

     (a) The name and address of the instructor of the course;

     (b) The resume of the instructor;

     (c) The syllabus for the course;

     (d) The instructional materials that will be distributed in the course;

     (e) A written evaluation of the content and presentation of the course that will be completed by each person who is enrolled in the course; and

     (f) A statement describing:

          (1) The purpose of the course; and

          (2) The requirements for attendance.

     2.  The Committee may request additional information or documentation from an applicant as the Committee deems necessary.

     3.  The Committee will consider the materials and information submitted pursuant to paragraph (d) of subsection 1 to be proprietary information and will not release that information without the consent of the applicant.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

      NAC 228.220  Application to obtain credit for course not previously approved by Committee. (NRS 228.470)

     1.  A provider of treatment or supervisor of treatment who wishes to obtain credit for a course of continuing education or approval for formal training in domestic violence that has not been approved by the Committee must submit to the Committee an application that includes the information set forth in subsection 1 of NAC 228.215.

     2.  The Committee may request additional information or documentation from an applicant as the Committee deems necessary.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

      NAC 228.225  Approval of course by Committee; credit for completion; expiration of approval; written notice of approval, disapproval or denial of credit; request for reconsideration. (NRS 228.470)

     1.  The Committee will approve a course of continuing education or formal training in domestic violence or award credit for completion of a course of continuing education if the course:

     (a) Will be taught by a qualified instructor as demonstrated by his or her educational, professional and teaching experience;

     (b) Contains appropriate educational material concerning domestic violence or the treatment of an offender, or both; and

     (c) Requires the completion of a written evaluation of the content and presentation of the course by each provider of treatment and supervisor of treatment who is enrolled in the course.

     2.  If the Committee approves a course pursuant to subsection 1, the approval of the course expires 2 years after the date on which the course was approved unless another application is submitted to and approved by the Committee.

     3.  If the Committee receives an application pursuant to NAC 228.215 or 228.220 30 days or more before its next regularly scheduled meeting, the Committee will include the application on the agenda for that meeting. If the Committee receives such an application less than 30 days before its next regularly scheduled meeting, the Committee will include the application on the agenda for the first regular meeting of the Committee that is scheduled to be held more than 30 days after the Committee receives the request.

     4.  Within 15 days after the Committee renders its decision concerning such an application, it will provide written notice of its decision to the applicant.

     5.  If the Committee approves the course or will award credit for the completion of the course, the notice of approval will set forth:

     (a) The number of hours of continuing education for which the course is approved or for which the applicant will receive credit; and

     (b) If the application was submitted pursuant to NAC 228.215, the number of times the course may be offered or the date the approval for the course expires.

     6.  If the Committee does not approve the course or will not award credit for the completion of the course, the notice will include the reasons for the disapproval of the course or the denial of credit. The applicant may, within 30 days after receiving the notice, submit a written request to the Committee for reconsideration of its decision.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000; A by R105-10, 12-16-2010)

PRACTICE AND PROCEDURE BEFORE COMMITTEE ON DOMESTIC VIOLENCE

General Provisions

      NAC 228.300  Scope. (NRS 233B.050)  The provisions of NAC 228.300 to 228.640, inclusive, govern all practice and procedure before the Committee whenever the Committee is acting as an agency, as that term is defined in NRS 233B.031, including, without limitation, whenever the Committee is authorized by law to make regulations or to determine contested cases.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.310  Construction and purpose. (NRS 233B.050)  The provisions of NAC 228.300 to 228.640, inclusive, must be liberally construed to secure a just, speedy and economical determination of all issues presented to the Committee and to carry out the purposes of NRS 228.470 and chapter 233B of NRS.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.315  Informal actions for resolution. (NRS 233B.050)  Matters which do not affect the substantial rights of the parties may be considered and resolved by the Committee or a person designated by the Committee through informal conferences, meetings, agreements, stipulations or other informal action as may be appropriate under the circumstances. Such informal action is held without prejudice to the Committee and formal proceedings may be instituted subsequently by the Committee, or a person designated by the Committee, for the same or related matters. If new evidence is discovered, the matter may at any time be opened again and investigated further if the circumstances so require.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

Parties

      NAC 228.320  Classification of parties. (NRS 233B.050)

     1.  Parties to proceedings before the Committee must be styled “petitioner,” “complainant,” “respondent,” “intervener” or “interested party,” according to the nature of the proceedings and the relationship of the parties.

     2.  Any person who petitions for affirmative relief, other than a complainant, must be styled “petitioner.”

     3.  A person who complains to the Committee of any act or of any person must be styled “complainant.”

     4.  Any person against whom a formal complaint is filed or investigation is initiated must be styled “respondent.”

     5.  Any person, other than the original parties to the proceeding, who may be directly and substantially affected by the proceeding must, upon securing an order from the Committee or presiding officer granting leave to intervene, be styled “intervener.” The granting of leave to intervene, or otherwise appear, in any matter or proceeding, is not construed to be a finding or determination of the Committee that the party will or may be a party aggrieved by any ruling, order or decision of the Committee for purposes of a court review or appeal.

     6.  Any person who believes that he or she may be affected by a proceeding, but who does not seek to participate in a proceeding, must be styled “interested party.”

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

 

      NAC 228.330  Rights of parties in proceedings; appearances. (NRS 233B.050)

     1.  At any hearing, all parties named in NAC 228.320, except interested parties, are entitled to enter an appearance, introduce evidence, examine and cross-examine witnesses, make arguments and generally participate in the conduct of the proceeding. Interested parties may be acknowledged to state their possible interest.

     2.  Parties shall enter their appearance at the beginning of a hearing or at any time as may be designated by the presiding officer by giving their names and addresses and stating their position or interest to the presiding officer. This information must be recorded in the record of the hearing.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.340  Representation of parties; qualifications of attorneys. (NRS 233B.050)

     1.  A party is entitled to be heard in person or by his or her attorney or other representative.

     2.  An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If an attorney is not admitted and entitled to practice before the Supreme Court of Nevada, an attorney so admitted and entitled to practice must be associated.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.350  Service of process on attorney. (NRS 233B.050)  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney. The service is considered valid service for all purposes upon the party represented.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.360  Withdrawal of attorney. (NRS 233B.050)  Any attorney of record wishing to withdraw from a proceeding before the Committee shall, in writing, immediately notify the Committee or the presiding officer, the party whom he or she represented and any other parties to the proceeding.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.370  Standards of conduct. (NRS 233B.050)

     1.  An attorney appearing in a hearing before the Committee shall ensure that his or her conduct complies with the Nevada Rules of Professional Conduct.

     2.  All persons appearing in a hearing before the Committee shall conform to the standards of ethical and courteous conduct required in the courts of this State.

     3.  If a person fails to conform his or her conduct to the standards required by this section, the Committee may:

     (a) Limit the evidence presented by that person; or

     (b) Exclude that person or the person’s representative from the hearing.

     4.  Any action taken by the Committee pursuant to this section and the reasons for that action will be stated on the record.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

Pleadings, Motions and Other Papers

      NAC 228.380  Captions, amendments and construction of pleadings. (NRS 233B.050)

     1.  Pleadings before the Committee, including a request for a declaratory order, an advisory opinion or the adoption, filing, amendment or repeal of a regulation, must:

     (a) Bear the caption “Before the Committee on Domestic Violence in the matter of”; and

     (b) Be signed by the party who submits the pleading or his or her legal representative.

     2.  A request for action by the Committee, other than for an action set forth in subsection 1, must include the full name and mailing address of the person who makes the request and be signed by that person.

     3.  The Committee may, if substantial rights of the parties are not violated, allow any pleading to be amended or corrected, or allow any omission to be supplied.

     4.  All pleadings will be liberally construed with a view to effect justice between the parties. The Committee or presiding officer will, at every stage of any proceeding, disregard errors or defects in the pleadings or proceedings that do not affect the substantial rights of the parties.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.420  Motions. (NRS 233B.050)

     1.  A motion is a request directed at the authority of the Committee to act on a given subject.

     2.  All motions, unless made during a hearing, must be in writing.

     3.  All written motions must:

     (a) Set forth the nature of relief sought and the grounds for the relief requested; and

     (b) Be served on the opposing party and the Committee at least 10 days before the time set for the hearing on the motion.

     4.  An opposing party may file a written response to a motion within 7 days after the receipt of the motion by serving the written response on all parties and the Committee, but in no case may a written response be filed less than 3 days before the time set for the hearing on the motion except for good cause shown and with the permission of the Committee.

     5.  The moving party may serve and file a written reply only if an opposition to the motion has been served and filed.

     6.  A decision will be rendered without oral argument unless oral argument is ordered by the Committee. If oral argument is so ordered, the parties must be prepared to present oral argument at the time of the hearing.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.430  Filing. (NRS 233B.050)  An original and two legible copies of all pleadings, motions or other papers must be filed with the Committee. The Committee, its counsel or the Chair of the Committee may direct that a copy of all pleadings and motions be made available by the party filing them to any other person who may be affected by the proceeding and who desires copies.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.440  Service of process. (NRS 233B.050)

     1.  All notices, documents, advisory opinions and declaratory orders required to be served by the Committee will be served in person or by mail. If the service is by mail, the service is complete when a true copy of the document, properly addressed and stamped, is deposited with the United States Postal Service. The notice, document, advisory opinion or declaratory order must be addressed to the last known address of the party as indicated in the records of the Committee.

     2.  All documents required to be served by parties must be served in person or by mail. If the service is by mail, the service is complete when a true copy of the document, properly addressed and stamped, is deposited with the United States Postal Service.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

 

      NAC 228.450  Acknowledgment or proof of service. (NRS 233B.050)  Each document served by the Committee or any party to a proceeding of the Committee must include an acknowledgment of service or proof of service.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

Complaints

      NAC 228.460  General requirements; amendment. (NRS 233B.050)

     1.  The Committee will initially consider any claim of misconduct relating to a program as an informal complaint.

     2.  Upon the initiative of the Committee or following the receipt of an informal complaint, a person designated by the Committee shall provide written notice of the informal complaint to the organization that operates the program and any staff member of the program identified in the informal complaint. The notice must include:

     (a) A summary of the allegations stated in the informal complaint; and

     (b) A statement that the organization may file a written response to the allegations in the informal complaint with the Committee within 30 days after receipt of the notice.

     3.  If, after an investigation and a review of any information received by the Committee concerning the informal complaint, the person designated by the Committee determines that the informal complaint alleges sufficient facts to warrant further proceedings, that person shall:

     (a) Cause a formal complaint to be prepared for consideration by the Committee; and

     (b) Set the formal complaint for hearing.

     4.  A formal complaint must contain a statement of facts alleging one or more grounds for action arising pursuant to NAC 228.140. Facts constituting grounds for action must be stated with such particularity as to enable the respondent to identify the actions in question.

     5.  All applicable citations, statutes, regulations or orders of the Committee must be stated together with the dates on which the acts or omissions are alleged to have occurred.

     6.  If more than one cause of action is alleged, each cause of action must be stated and numbered separately.

     7.  A formal complaint may be amended at any time. The Committee will grant a continuance if the amendment materially alters the formal complaint or a respondent demonstrates an inability to prepare for the case in a timely manner.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.470  Confidentiality of proceedings; investigation. (NRS 233B.050)

     1.  All proceedings and investigations after the filing of an informal complaint are confidential, except to the extent necessary for the conduct of an investigation, until the Committee determines to proceed with a formal complaint. If the Committee dismisses the informal complaint, the proceedings remain confidential. If the Committee proceeds with a formal complaint, confidentiality concerning the proceedings is not required, except that any information which may establish the identity of a victim of domestic violence, including, without limitation, the victim’s address or telephone number, the address or telephone number of his or her employer, the address or location of his or her child, or the school attended by his or her child is confidential and may not be disclosed by the Committee.

     2.  If the Committee conducts an investigation upon an informal complaint against a program, the Committee will not limit the scope of its investigation to the matters set forth in the informal complaint but may extend the investigation to any additional matters that appear to constitute a violation of any provision of this chapter.

     3.  If, after its investigation, the Committee dismisses the informal complaint, the dismissal does not operate as a limitation on or a deterrent to any subsequent investigation or other action by the Committee.

     4.  If the Committee directs that an investigation be conducted into a matter for which the Committee may take action pursuant to NAC 228.140, the results of the investigation or any information relating to the investigation will not be examined by, and must not be disclosed to, the members of the Committee who will hear the matter before the hearing of the Committee on the matter.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

Hearings

      NAC 228.490  Notice; location. (NRS 233B.050)

     1.  Hearings must be held before the Committee. A quorum of the Committee is sufficient to convene any hearing.

     2.  Except as otherwise provided in subsection 3, notice of the hearing will include:

     (a) A statement of the time, place and nature of the hearing;

     (b) A statement of the legal authority and jurisdiction under which the hearing is to be held;

     (c) A reference to the particular sections of the statutes and regulations involved; and

     (d) A short and plain statement of the matters asserted.

     3.  If a notice of the hearing and a formal complaint are served at the same time, the notice and complaint will be considered together in satisfying the requirements of subsection 2 and NRS 233B.121.

     4.  Notice of the hearing will be served at least 20 days before the time set for the hearing. A hearing that has previously been continued may be reset on notice of not less than 10 days.

     5.  Hearings will be held at such place in this State as may be designated by the Committee in the notice of hearing.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.500  Continuance. (NRS 233B.050)

     1.  The Committee will grant a continuance upon a joint stipulation of the parties or the existence of emergency conditions or for good cause shown upon a written request filed with the Committee not later than 10 days before the hearing and physically served upon the opposing party at least 10 days before the hearing. “Good cause shown” will be narrowly construed.

     2.  The Chair of the Committee may grant a request for a continuance or for an extension of time if he or she determines that to do so would not substantially prejudice the rights of any other party.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.510  Failure of party to appear. (NRS 233B.050)

     1.  If a party fails to appear at a hearing scheduled by the Committee and no continuance has been requested or granted, the Committee may hear the evidence of such witnesses as may have appeared and the Committee may proceed to consider the matter and dispose of it on the basis of the evidence before it.

     2.  If, because of accident, sickness or other reasonable cause, a person fails to appear for a hearing scheduled by the Committee or fails to request a continuance, the person may, within a reasonable time not to exceed 15 days after the date of the hearing, apply to the Committee to reopen the proceedings. The Committee, upon finding sufficient cause, will immediately fix a new time and place for a hearing and give the respondent notice thereof. At the time and place fixed, a hearing must be held at which the respondent may testify in his or her own behalf or present such other evidence as may be beneficial to his or her cause.

 

 

     3.  Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the Committee.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.530  Preliminary procedure. (NRS 233B.050)  The presiding member of the Committee shall call the proceeding to order and proceed to take the appearances, and act upon any pending motions or petitions. The parties may then make opening statements.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.540  Testimony must be under oath. (NRS 233B.050)  All testimony to be considered by the Committee in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear or affirm that the testimony he or she is about to give is the truth, the whole truth and nothing but the truth.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.550  Presentation of evidence; closing statements. (NRS 233B.050)

     1.  Unless otherwise ordered by the Committee, evidence will be received in the following order:

     (a) Upon a petition:

          (1) The petitioner.

          (2) A person designated by the Committee.

          (3) The intervener.

          (4) Rebuttal by the petitioner.

     (b) Upon a formal complaint:

          (1) The counsel for the Committee.

          (2) The respondent.

          (3) Rebuttal by the counsel for the Committee.

          (4) Surrebuttal by the respondent.

     2.  This procedure may be modified by the Committee or its presiding member.

     3.  Closing statements by the parties may be allowed at the discretion of the presiding member of the Committee.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.560  Consolidation. (NRS 233B.050)  The presiding member of the Committee may consolidate two or more proceedings into one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidation. At any consolidated hearing, the presiding member of the Committee shall determine the order of procedure.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98)

      NAC 228.570  Stipulations. (NRS 233B.050)  The parties may stipulate as to any fact at issue by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The presiding member of the Committee may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

 

      NAC 228.580  Official notice of facts. (NRS 233B.050)  The Committee may take official notice of judicially cognizable facts and of recognized technical or scientific facts within the specialized knowledge of the Committee, including, without limitation, the following matters:

     1.  Regulations, official reports, decisions, orders, standards or records of the Committee, any other regulatory agency of this State or any court of record.

     2.  Matters of common knowledge and technical or scientific facts of established character if their authenticity and correctness cannot be reasonably questioned.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.590  Filing of briefs. (NRS 233B.050)  The Committee may request briefs to be filed within such time as may be allowed by the Committee. A brief must be accompanied by an acknowledgment of service or proof of service in accordance with NAC 228.450.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.600  Decisions and orders by Committee; service. (NRS 233B.050)

     1.  A decision or order that is adverse to a party in any hearing will be in writing or stated in the record and will include findings of fact and conclusions of law.

     2.  Orders or decisions will be rendered within 90 days after the completion of the hearing unless a shorter time is required by statute.

     3.  A proceeding stands as submitted for decision by the Committee after the taking of evidence, the filing of briefs or the presentation of any oral argument authorized by the Committee, whichever occurs last.

     4.  An adverse decision or order of the Committee will be served by sending a copy of the decision or order by certified mail to the parties of record or their representatives, or by personal service. Additional copies of orders may be obtained upon written request.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.610  Rehearings. (NRS 233B.050)

     1.  Within 15 days after the Committee has rendered a decision or issued an order, the aggrieved party may apply for a rehearing by filing a written petition for a rehearing setting forth the grounds for the petition. The Committee will consider the following grounds for a rehearing:

     (a) A material mistake or fraud affecting the decision; or

     (b) The discovery of material evidence that was previously unavailable.

     2.  The Committee will act upon the petition at the next regularly scheduled meeting which is held 30 days or more after the petition is filed. If no action is taken by the Committee within the time specified, the petition shall be deemed denied and the decision of the Committee is final.

     3.  The Committee, on its motion, may order a rehearing within 6 months after its decision if mistake, fraud or misconception of facts existed in the forming of its original decision.

     4.  Rehearings will be conducted in accordance with the procedure for hearings.

     5.  The filing of a petition for rehearing does not excuse compliance with the order or decision, or suspend the effectiveness of the order unless otherwise ordered by the Committee.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.620  Filing of petition for judicial review; records of hearings. (NRS 233B.050)

     1.  Upon the filing of a petition for judicial review of a final decision in a contested case, the Committee will cause a record to be made in accordance with subsection 6 of NRS 233B.121.

 

     2.  Persons desiring copies of the record may obtain the copies from the office of the Committee upon payment of the cost to copy the record.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

Miscellaneous Petitions

      NAC 228.625  Petitions to appear before Committee. (NRS 233B.050)

     1.  Any person may petition the Committee to appear and be heard on any matter within the jurisdiction of the Committee if:

     (a) The person submits a petition in writing that contains a brief summary of the subject matter and the reason for bringing the matter before the Committee; and

     (b) Except as otherwise provided in subsection 2, the Committee receives the petition at least 30 days before the meeting of the Committee at which the petitioner wishes to be heard.

     2.  The Committee may waive the requirement set forth in paragraph (b) of subsection 1.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)

      NAC 228.630  Petitions for declaratory orders or advisory opinions. (NRS 233B.050)

     1.  The Committee will consider petitions for declaratory orders or advisory opinions relating to the applicability of any statutory provision, regulation or decision of the Committee.

     2.  All petitions for declaratory orders and advisory opinions must be in writing and include a statement of the reasons for the request.

     3.  Within 60 days after the submission of a petition for a declaratory order or advisory opinion, the Committee will deny the petition in writing, stating its reasons, or grant the petition. If the petition is granted, the presiding member of the Committee, its counsel or a member of the Committee designated by the Committee shall prepare a draft of the declaratory order or advisory opinion for adoption by the Committee at its next regularly scheduled meeting.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)

      NAC 228.640  Petitions for adoption, amendment or repeal of regulations. (NRS 233B.050)

     1.  Any interested person may petition the Committee in writing requesting the adoption, amendment or repeal of any regulation. The petition must include relevant data, views and arguments.

     2.  A petition requesting the adoption, amendment or repeal of a regulation shall be deemed to be submitted to the Committee 30 days after the petition is first placed on the agenda of a meeting of the Committee.

     3.  Within 30 days after the submission of the petition, the Committee will deny the petition in writing, stating its reasons, or initiate proceedings in accordance with NRS 233B.060.

     (Added to NAC by Com. on Domestic Violence by R161-97, eff. 1-6-98; A by R213-99, 8-1-2000)