LAS VEGAS CONTRACTORS BOARD ATTORNEY

HAVE YOU RECEIVED A NOTICE OF INVESTIGATION FROM THE CONTRACTORS BOARD?

The administrative agency responsible for oversight of contractors in this state is the Nevada State Contractors Board.  As the responsible agency, it is necessary that the Contractors Board be able to investigate claims against licensees, hold hearings, and administer discipline when warranted.

The investigative process typically begins with a consumer complaint filed with the Contractors Board, which will initiate the opening of an investigation.  This complaint will ordinarily be filed by a customer but can also be filed by another contractor or even initiated by the Board.

The Investigative Process:

When an investigative file is opened, the Board will send the licensee a Notice of Investigation which should be accompanied by a copy of the consumer complaint.  The Notice of Investigation will typically include a request that the licensee provide copies of Contracts, Permits, Liens, or other documents.  At this point in the process, it is highly recommended that you contact an attorney that is experienced in practice before the Board, because a single misstep could result in the imposition of fines or the suspension or potential revocation of a license.  Oftentimes an investigation can be addressed and resolved through direct communication between a knowledgeable attorney and the Board.

A Request for Financial Condition:

If the Notice of Investigation requests the production of a Statement of Financial Condition from the licensee, it is a clear indication that the Board intends to pursue disciplinary action against the licensee.  NRS 624.323 states:

If an investigation is conducted against a licensee and the Board determines that there is cause to proceed with a formal disciplinary proceeding against the licensee, the Board shall require the licensee to submit to the Board:

(a) A financial statement that is:

  (1) Prepared by an independent certified public accountant; or

  (2) Submitted on a form or in a format prescribed by the board together with an affidavit which verifies the accuracy of the financial statement; and

(b)  A statement setting forth the number of building permits issued to and construction projects completed by the licensee during the immediately preceding year and any other information required by the board.  The statement submitted pursuant to this paragraph must be provided on a form approved by the Board.

Thus, whenever a financial statement is requested by the Board, it is reasonable to conclude that the Board has already resolved to take disciplinary action and the licensee should immediately seek the assistance of an attorney experienced in defending against actions brought by the Board.

Investigation Followed by Formal Complaint and Notice of Hearing:

A Notice of Investigation will typically be followed by a meeting between the complainant, the licensee, and the Board investigator.  This may take place on site or at the Board’s offices This meeting will be followed by a recommendation on how the underlying issue shall be resolved.   Because the stated purpose of the Board is to protect the public, the Board will most likely find that the complainant’s concerns are substantiated, and the Board will issue a Notice to Correct to the licensee.  The investigation can frequently be resolved at this early stage.  However, if the underlying issue(s) cannot be resolved, the Board will bring a formal Complaint against the licensee, which will always seek disciplinary action against the licensee.

A formal Complaint by the Contractors Board is typically called a Notice of Hearing, Complaint and Requirement to Answer.  The Complaint will reflect the date and time of hearing and identify the Investigative Facts and alleged violations of statute(s), as well as the Disciplinary Action being sought against the licensee.  The licensee is required to submit a written Answer to each of the allegations in the complaint within the time stated in the Notice of Hearing.  Thus, it is imperative that you retain the services of an experienced attorney to submit an appropriate response and represent you before the hearing officer.

Administrative Citations:

The Nevada Revised Statues have recently been amended to give the Contractors Board authority to issue Administrative Citations to the licensee.  Upon the issuance of an administrative citation the licensee has the option to agree with the citation and pay an administrative fine, contest the citation and request a formal hearing, or request an informal conference with the Board and attempt to convince the Board that the citation and any proposed fine is unwarranted.

     

The Wright Law Group, P.C. has decades of experience defending claims before the Contractors Board and is well equipped to assist you in handling your case.  Please call us at 702-405-0001 to schedule a consultation or email us.