Nevada § 289.040 - Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances
Full text of Nevada Nevada Revised Statutes § 289.040 — Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances, with citation guidance and answers to common questions.
§ 289.040. Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances
1. Except as otherwise provided in subsection 3, a law enforcement agency shall not
place any unfavorable comment or document in any administrative file of a peace officer
maintained by the law enforcement agency unless: (a) The peace officer has read and initialed the comment or document; or (b) If the peace officer refuses to initial the comment or document, a notation to
that effect is noted on or attached to the comment or document. 2. If the peace officer submits to the law enforcement agency a written response within
30 days after the peace officer is asked to initial the comment or document, the peace
officer’s response must be attached to and accompany the comment or document. 3. If a peace officer is the subject of an investigation of a complaint or allegation
conducted pursuant to NRS 289.057 , the law enforcement agency may place into any administrative file relating to the
peace officer only: (a) A copy of the disposition of the allegation of misconduct if the allegation is
sustained; and (b) A copy of the notice of or statement of adjudication of any punitive or remedial
action taken against the peace officer. 4. A peace officer must be given a copy of any comment or document that is placed
in an administrative file of the peace officer maintained by the law enforcement agency. 5. Upon request, a peace officer may review any administrative file of that peace
officer maintained by the law enforcement agency that does not relate to a current
investigation.
Source: official Nevada text · Last verified 2026-08-27
Frequently Asked Questions About Nevada § 289.040
What does Nevada Revised Statutes § 289.040 cover?
Section 289.040 ("Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances") is part of the Nevada Revised Statutes, the codified statutory law of Nevada. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nevada § 289.040?
A common citation format is "Nevada Revised Statutes § 289.040" (Nevada). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nevada law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nevada official source linked on this page or consult a licensed Nevada attorney.
How does Nevada § 289.040 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nevada can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nevada.