# 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

> Nevada · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.057

## Section

- **Citation:** Nev. Rev. Stat. § 289.057
- **Heading:** 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
- **Jurisdiction:** Nevada
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** NV Code / Title 23 / Chapter 289 / Section 289.057

## Text

1. Except as otherwise provided in this subsection, an investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action. Any such investigation of a peace officer must be commenced by the law enforcement agency within a reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency. A law enforcement agency shall not conduct an investigation pursuant to this subsection if the complaint or allegation is filed with the law enforcement agency more than 5 years after the activities of the peace officer occurred.

2. Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

3. After the conclusion of the investigation: (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents. (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

4. A law enforcement agency may reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearing relating to such an investigation that is pending.

## 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)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NV_T23_C289_S289.057. Check the current official text before relying on it. Not legal advice.
