Nevada § 281A.740 - Deferral agreements: Development; approval; enforcement; contents; terms and conditions; monitoring and documenting compliance; proceedings for noncompliance; dismissal of matter after satisfactory compliance

§ 281A.740. Deferral agreements: Development; approval; enforcement; contents; terms and conditions; monitoring and documenting compliance; proceedings for noncompliance; dismissal of matter after satisfactory compliance

1. In proceedings concerning an ethics complaint, the Executive Director and the public

officer or employee who is the subject of the ethics complaint may develop a deferral

agreement to defer further proceedings in the matter under the terms and conditions

of the deferral agreement. 2. A deferral agreement does not become effective unless approved by the review panel

pursuant to NRS 281A.730 . If the review panel approves a deferral agreement, the Commission shall enforce

the terms and conditions of the deferral agreement. 3. A deferral agreement must: (a) Specify the training or other corrective action to be completed by or imposed

upon the public officer or employee; (b) Specify any other terms and conditions, consistent with the provisions of this

chapter, to be imposed upon the public officer or employee; and (c) Provide that the Commission may vacate the deferral agreement and conduct further

proceedings in the matter if the Commission finds that the public officer or employee

has failed to comply with any terms and conditions of the deferral agreement. 4. The imposition of training or other corrective action and the imposition of any

other terms and conditions in a deferral agreement is without prejudice to any other

disposition of the matter, consistent with this chapter, that may be ordered by the

Commission if it vacates the deferral agreement and conducts further proceedings in

the matter and finds that the public officer or employee has violated any provision

of this chapter. 5. The Executive Director shall monitor the compliance of the public officer or employee

who is the subject of a deferral agreement and may require the public officer or employee

to document his or her compliance with the deferral agreement. 6. The Executive Director shall: (a) Inform the Commission of any alleged failure of the public officer or employee

to comply with the deferral agreement; (b) Give the public officer or employee written notice of any alleged failure to comply

with the deferral agreement; and (c) Allow the public officer or employee not less than 15 days to respond to such

a notice. 7. Within 60 days after the date on which the public officer or employee responds

or was entitled to respond to the written notice of any alleged failure to comply

with the deferral agreement, the Commission shall determine whether the public officer

or employee failed to comply with the deferral agreement, unless the public officer

or employee waives this time limit. 8. If the Commission determines that the public officer or employee failed to comply

with the deferral agreement, the Commission may take any action it deems appropriate,

consistent with the terms and conditions of the deferral agreement and the provisions

of this chapter, including, without limitation, vacating the deferral agreement and

conducting further proceedings in the matter. 9. If the public officer or employee who is the subject of the deferral agreement

complies in a satisfactory manner with the deferral agreement, the Commission shall

dismiss the matter.