# Nev. Rev. Stat. § 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 > Nevada · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.040 ## Section - **Citation:** Nev. Rev. Stat. § 289.040 - **Heading:** 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 - **Jurisdiction:** Nevada - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NV Code / Title 23 / Chapter 289 / Section 289.040 ## Text 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. ## Nearby sections - [Nev. Rev. Stat. § 289.010 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.010.md) - [Nev. Rev. Stat. § 289.020 Punitive action prohibited for exercise of rights under internal procedure; opportunity for hearing; right to representation; refusal to cooperate in criminal investigation punishable as insubordination](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.020.md) - [Nev. Rev. Stat. § 289.025 Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.025.md) - [Nev. Rev. Stat. § 289.027 Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.027.md) - [Nev. Rev. Stat. § 289.030 Law enforcement agency prohibited from requiring peace officer to disclose financial information or provide attestation concerning use of cannabis before application for employment; exception; construction of section](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.030.md) - [Nev. Rev. Stat. § 289.035 Law enforcement agency prohibited from ordering, mandating or requiring peace officer to issue certain number of traffic citations or make certain number of arrests](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.035.md) - [Nev. Rev. Stat. § 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](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.040.md) - [Nev. Rev. Stat. § 289.050 Consequences of refusal to submit to polygraphic examination](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.050.md) - [Nev. Rev. Stat. § 289.055 Establishment and availability of written procedures for investigating complaints and allegations of misconduct](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.055.md) - [Nev. Rev. Stat. § 289.057 Investigation of allegation of misconduct; suspension without pay; review of file by peace officer under certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action; reassignment of peace officer under certain circumstances](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.057.md) - [Nev. Rev. Stat. § 289.060 Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.060.md) - [Nev. Rev. Stat. § 289.070 Use of polygraphic examination in investigation](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.070.md) - [Nev. Rev. Stat. § 289.080 Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to notice of intent to recommend punitive action, to submit response to such recommendation and to review and copy investigation file upon appeal](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.080.md) - [Nev. Rev. Stat. § 289.085 Inadmissibility of evidence obtained unlawfully during investigation; dismissal of administrative proceeding or civil action when evidence obtained unlawfully and in bad faith during investigation](https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.085.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.040. Check the current official text before relying on it. Not legal advice.