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Nevada Regulations § 293.545 Remedial action or dismissal; issuance of final determination

⤴ Up to Complaints Alleging Violation Of Title III Of Help America Vote Act Of 2002

Regulation Text

1. If the Secretary of State or a designee thereof, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 42 U.S.C. §§ 15481 to 15502 , inclusive, has occurred, is occurring or is about to occur, the Secretary of State or the designee will provide the appropriate remedy, including, without limitation, an order to a respondent commanding the respondent to take specified action or prohibiting the respondent from taking specified action, with respect to a past or future election. Such a remedy will not include an award of money damages or attorney's fees.
2. If the Secretary of State or the designee, whether acting as a hearing officer pursuant to NAC 293.535 or reviewing a complaint pursuant to NAC 293.540, determines that a violation of 42 U.S.C. §§ 15481 to 15502 , inclusive, has not occurred, is not occurring or is not about to occur, the Secretary of State or the designee will dismiss the complaint.
3. The Secretary of State or the designee will issue a final determination on a complaint made pursuant to subsection 1 or 2 in writing. The final determination will include an explanation of the reasons for the determination and, if applicable, the remedy selected.
4. Except as otherwise provided in NAC 293.550, a final determination of the Secretary of State or the designee on a complaint will be issued within 90 days after the complaint is filed, unless the complainant consents in writing to an extension. The final determination will be:
(a) Mailed to the complainant, each respondent and any interested person who has requested in writing to be advised of the final determination;
(b) Posted on the website of the Secretary of State; and
(c) Made available by the Secretary of State, upon request, to any interested person.

Source

Added to NAC by Sec'y of State by R077-03, eff. 12-4-2003

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