185 Easr Wasson Ave Su 5100 Teas Viens Neve 89101 ‘Omer (702) 4862500 x No: 702) 4862505, (On Hus Ons Now Carson Ste ‘Cars Cirv.Nevaon 8970) ‘Onc (775) 684-5670 Ft No. (773) 6843688, Office of the Governor October 30, 2019 Nevada State Board of Dental Examiners [Board President Yvonne L Bethea, RDH 66010 8, Rainbow Blvd, Ste. A+ Las Vegas, NV 89118 Dear President Bethea: I request that the Nevada State Board of Dental Examiners (NSBDE) postpone its scheduled ‘November 1, 2019 meeting The Division of Internal Audits (DIA), Governor's Finance Orfice, ‘conducted an audit of the NSBDE—Report No, 19-04 (DIA Auait}published and presented at the June 25, 2019 meeting of the Executive Branch Audit Committee (EBAC). The DIA Audit contained four important recommendations, summarized here, with extensive documentation supporting each recommendation ‘© Strengthening oversight of investigative and enforcement activi ‘© Consulting with the Commission on Ethics to avoid conflicts of interest ‘© Complying with sta contracting requirements; and ‘© Complying with the Nevada Administrative Procedure Act (APA). ‘The EBAC has meeting scheduled on November 7, 2019 at 1:00 PM to the six-month report ‘evaluating the status of NSBDE’s implementation of the DIA Ault recommendations, as required by NRS 353A.090. During this meeting, the Administrator of the Division of Intrmal ‘Audit will provide an impementation report and issue findings regarding whether the audit recommendations to the degree NSBDE has implemented them, have achieved positive results. {believe itis important to receive the 6-month followup report at the EBAC meeting next week before the NSBDE proceeds with its next meeting because, as I noted during the June 25, 2019 EBAC meeting, the DIA Ault of the NSBDE is the mos serious Ihave seen in 20 years of public The supporting documentation included in the audit as foundational to the DIA Ault recommendations noted potentially serious NSBDE violations of statutory conflict of interest protections; allegations of potential violations of the due process rights of licensees subject to ‘Board disciplinary action a its various stages, including the preliminary sereening process; claims ‘of at least the specter of potential statutory ethics violations, including using Board positions for personal gain, improperly voting on Board matters, and using Board positions for private ‘opportunities immediately after leaving Board service; issues with contracting processes and procedures, potentially in violation of Nevada state procurement law, including failing to enterinto written contracts in sore cases, which may inrease state liability; and failure to comply with ‘the Nevada Administrative Procedures Act (APA), outlined in NRS 233B, when amending NSBDE Rules of Practice, | would note that counsel for NSBSDE did appear at the EBAC meeting to object to several of the recommendations and the supporting documentary evidence contained in the DIA Audit. Moreover, it is also important to understand that many ofthe claims against the NSBDE, whether factual or not, are longstanding, with some dating back many years recognize that postponing ofa mecting, with associated hearings, etc, is an inconvenience. Given the information abave, coupled with some emergent information regarding NSBDE practices, 1do ‘believe the postponement i in the interests of the health and safety of Nevadans. | appreciate your ‘willingness to comply with his request. Sincerely, 20f2