Nevada Cannabis Compliance Board Disciplinary Process
The Nevada Cannabis Compliance Board is responsible for overseeing any disciplinary proceedings that fall under NRS 678A.500 to 678A.640 set by the state of Nevada. The following article will discuss specific NCCB regulations in regards to this process.
Right To Investigate
The NCCB has the power to inspect and investigate under the Regulations of the NCCB. Filing an application for a license for a cannabis establishment gives permission to the NCCB and its helpers to enter reasonable inspection of the cannabis establishment, with or without notice. After receiving a complaint against a cannabis establishment, the NCCRB may decide to conduct an investigation during operating hours. NCCB agents may enter and inspect any building or premises at least annually to ensure compliance with the NCCR or Title 56 of Nevada Revised Statutes. In addition, NCCB agents are allowed to inspect any building or premises operated by a cannabis establishment within 72 hours after notification that the establishment is operating without a license.
If the NCCB determines that there has been a violation of NCCB rules, a Complaint will be filed and delivered as required by NRS 678A.520(1), which permits personal service or certified mail delivery. The Complaint will contain the date of the alleged violation or when it was discovered, where the violation took place, what regulation was violated, and how the breach occurred.
If you are party to a proceeding before the NCCB, you may appear in person or through an attorney. Because the potential penalties imposed by the NCCB can be severe, it is highly recommended that you retain an attorney. Even if you do not have an attorney, all parties must attend any hearing unless attendance has been waived by the NCCB.
If the respondent answers the complaint within 10 days and demands a hearing, or if NCCB orders a hearing even if the respondent waives their right to one, then both parties must attend an early case conference presided over by a hearing officer. The earliest possible hearing date will be set by the parties not later than 45 days after the respondent’s answer. All documents must be exchanged, witness lists must be exchanged, prehearing motions and responses filed by set dates, and any other actions that may be necessary shall have foreseeably been completed.
The parties will be required to discuss or attempt to resolve any portion of evidentiary or legal issues involved. The parties are expected to discuss the potential for settlement of the matter on terms agreeable to the parties and discuss any other issues that may facilitate the timely and fair conduct of the matter.
Within 20 days after the first answering respondent serves a response, the parties must meet to exchange copies of all documents and other evidence that are currently available to them for the purpose of being used as evidence in support of the party’s case in chief. The parties must submit lists of witnesses and a description of the reason for which each will be called.
The evidence collected during an investigation of a case is not available unless the prosecutor plans to present it as part of their argument. This includes all communications, records, affidavits, or reports related to the case, regardless of how they were obtained. Prior to the hearing,the NCCB counsel will only allow discovery of those documents they intend on using as evidence to support their case. Also, a party is not allowed to request written discovery in the form of interrogatories, requests for production, requests for admissions or depositions by written questions.
However, if a party files a written request with the early case conference, they can take the deposition of a material witness. The need for the deposition must be stated along with a proposed order. Within 5 days, the hearing office or panel must either approve or reject the request.
A formal hearing must be held at the time and date set at the early case conference, which may be conducted by either the full Cannabis Compliance Board, a hearing officer, or a panel of three members of said board. If it is held before a hearing officer or panel instead of the whole board, then that officer or panel shall issue findings of fact and conclusions of law for review by the entire board pursuant to NCCR 4.135(1).
The NCCB will decide the outcome of the case. At least three members of the NCCB will go through the full hearing transcript or recording. The attorney for the NCCB will be considered by the NCCB on their findings of fact and conclusions of law, as well as disciplinary recommendations. In addition, the NCCB will review the recommendations of the attorney for the opposing party. The NCCB will deliberate and vote on whether they believe a violation has occurred. If they find that a violation has taken place, they may discipline the offender by majority vote. After 30 days have passed, the order disciplining them as well as the facts and conclusions of the law becomes public record.