Nev. Admin. Code § 240A.Sec. 18 - NEW
1. In conducting any hearing, the hearing
officer is not bound by the technical rules of evidence, and any informality in
any proceeding or in the manner of taking testimony does not invalidate any
order or decision of the hearing officer. Rules of evidence before the courts
of Nevada may be generally followed but may be relaxed in the discretion of the
hearing officer if deviation from the technical rules of evidence will aid in
ascertaining the facts.
2. Any
evidence offered at a hearing must be material and relevant to the issues of
the hearing. The hearing officer may exclude inadmissible, incompetent,
repetitious or irrelevant evidence or order that presentation of that evidence
be discontinued.
3. When objection
is made to the admissibility of evidence, such evidence may be received subject
to later ruling by the hearing officer. Parties objecting to the introduction
of evidence shall briefly state the grounds of objection at the time such
evidence is offered. Formal exceptions to rulings are unnecessary and need not
be taken.
4. Sworn declarations may
be introduced in lieu of testimony if a witness resides outside the State of
Nevada.
5. The hearing officer may
take official notice of judicially cognizable facts and of recognized technical
facts within the specialized knowledge of the hearing officer, including the
following matters:
(a) Rules, regulations,
official reports, decisions and orders of the Secretary of State and any
regulatory agency of the State of Nevada.
(b) Contents of decisions, orders, standards
or records of the Secretary of State.
(c) Matters of common knowledge and technical
facts of established character.
(d)
Official documents, if pertinent, when properly introduced into the record of
formal proceedings by reference.
Notes
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