Nev. Admin. Code § 119A.170 - Hearing: Procedure
1. The hearing
officer shall:
(a) Ascertain whether all
persons commanded to appear under subpoena are present, and whether all
documents, books, records and other evidence under subpoena are present in the
hearing room;
(b) Administer the
oath to the reporter as follows: "Do you solemnly swear or affirm that you will
report this hearing to the best of your stenographic ability?";
(c) Ascertain whether either party desires to
have a witness excluded from the hearing room until he or she is called. The
hearing officer may exclude a witness on his or her own motion or upon the
motion of either party;
(d)
Ascertain whether a copy of the complaint or decision to deny has been filed
and whether an answer has been filed as part of the record in the proceedings;
and
(e) Request the plaintiff or
petitioner to proceed with the presentation of his or her case.
2. The hearing officer may
question witnesses or counsel at any time during the proceedings.
3. Documentary or physical evidence which is
to be introduced must first be marked for identification by the hearing
officer.
4. When the plaintiff or
petitioner has completed his or her presentation, the hearing officer shall
request the respondent to proceed with the introduction of evidence and calling
of witnesses on his or her behalf.
5. When the respondent has completed his or
her presentation, the petitioner or plaintiff may call any rebuttal
witnesses.
6. When all testimony
for the plaintiff or petitioner and respondent has been given and all evidence
submitted, the hearing officer may request the petitioner or plaintiff and the
respondent to summarize their presentations.
7. The hearing officer shall indicate for the
record that the hearing is terminated, and that he or she will issue a decision
after considering all the evidence. After presentation of the case by the
Administrator and the respondent and closing arguments by either party, if any,
the hearing officer may recess the hearing for the purpose of coming to a
decision.
8. The date of decision
for the purpose of appeal therefrom is the date of written notice of the
decision or ruling by the hearing officer.
Notes
NRS 119A.190, 119A.640, 119A.655, 119A.658
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