1. Any communication or document of an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator, which is made or transmitted to the Board or Commission or any of their agents or employees to:

(a) Comply with any law or the regulations of the Board or Commission;

(b) Comply with a subpoena issued by the Board or Commission; or

(c) Assist the Board or Commission in the performance of their respective duties,

is absolutely privileged and does not impose liability for defamation or constitute a ground for recovery in any civil action.

2. If such a document or communication contains any information which is privileged pursuant to chapter 49 of NRS, that privilege is not waived or lost because the document or communication is disclosed to the Board or Commission or any of its agents or employees.

3. Notwithstanding the provisions of subsection 4 of NRS 463.120:

(a) The Board, Commission and their agents and employees shall not release or disclose any information, documents or communications provided by an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator, which are privileged pursuant to chapter 49 of NRS, without the prior written consent of the applicant, licensee, club venue operator or affiliate, or pursuant to a lawful court order after timely notice of the proceedings has been given to the applicant, licensee, club venue operator or affiliate.

(b) The Board and Commission shall maintain all privileged information, documents and communications in a secure place accessible only to members of the Board and Commission and their authorized agents and employees.

(c) The Board and Commission shall adopt procedures and regulations to protect the privileged nature of information, documents and communications provided by an applicant, licensee or club venue operator, or an affiliate of an applicant, licensee or club venue operator.

(Added to NRS by 1981, 1072; A 1987, 1274; 1993, 184; 1995, 1498; 2015, 1487)