Nev. Admin. Code § 240A.Sec. 19 - NEW
1. The hearing officer shall:
(a) Call the hearing to order and note the
appearances of the parties who are present.
(b) Administer the oath to all persons whose
testimony will be taken as follows:
Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?
(c) Ascertain
whether either party desires to have a witness excluded from the hearing room
until the witness is called. A witness may be excluded upon the motion of the
hearing officer or upon the motion of either party. If a witness is excluded,
the witness will be instructed not to discuss the case during the pendency of
the proceeding. The respondent and staff must be allowed to remain present at
the hearing.
(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.
(e) Hear any preliminary motions,
stipulations or orders upon which the parties agree and address any
administrative details.
(f) Request
staff to proceed with the presentation of the Secretary of State's
case.
2. The respondent
may cross-examine witnesses in the order that staff presents them.
3. Witnesses or counsel may be questioned by
the hearing officer at any time during the proceeding.
4. Evidence which is to be introduced or
which is used by a witness:
(a) Must first be
marked for identification; and
(b)
May be received by the hearing officer at any point during the
proceeding.
5. When
staff has completed its presentation, the hearing officer shall request the
respondent to proceed with the introduction of evidence and calling of
witnesses on behalf of the respondent.
6. Staff may cross-examine witnesses in the
order that the respondent presents them.
7. When the respondent has completed his or
her presentation, staff may call any rebuttal witnesses.
8. When all testimony for staff and
respondent has been given and all evidence has been submitted, the hearing
officer may request staff and the respondent to summarize their
presentations.
9. The hearing
officer may waive or modify any provision of this section if necessary to
expedite or ensure the fairness of the hearing.
Notes
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