Nev. Admin. Code § 281A.361 - Motions: Generally
1. Except as
otherwise provided in subsection 5 and NAC
281A.360 and
281A.505, the subject who filed
the request for an advisory opinion may not file any written motion with the
Commission relating to the request for an advisory opinion unless the
Commission or the Chair or, in the absence of the Chair, the Vice Chair
approves a written request by the subject to file the motion.
2. If the subject is authorized to file a
written motion, the Commission or the Chair or, in the absence of the Chair,
the Vice Chair may authorize the subject to argue the motion before the
Commission. If oral argument is so authorized, the Executive Director or
Commission Counsel shall prepare and serve on the subject a notice of hearing
that identifies the date, time and location of the hearing on the
motion.
3. The Chair or, in the
absence of the Chair, the Vice Chair may rule on the motion, except a motion
for disposition of the matter, at any time before, during or after an
advisory-opinion hearing by the Commission on the matter:
(a) Based solely on the written motion filed
with the Commission; or
(b) After
the presentation of oral argument by the subject, if authorized pursuant to
subsection 2.
4. The
Commission may rule on the motion, including a motion for disposition of the
matter, at any time before, during or after an advisory-opinion hearing by the
Commission on the matter:
(a) Based solely on
the written motion filed with the Commission; or
(b) After the presentation of oral argument
by the subject, if authorized pursuant to subsection 2.
5. The subject may file a written motion for
rehearing or for the reconsideration of an advisory opinion if the motion is
filed with the Commission before the subject files a petition for judicial
review, if applicable, and:
(a) If a written
opinion will not be issued pursuant to section 17 of this regulation, not later
than 15 days after the date on which the oral advisory opinion of the
Commission is communicated to the subject pursuant to section 16 of this
regulation; or
(b) If a written
opinion is issued pursuant to section 17 of this regulation, not later than 15
days after the written opinion is issued.
Notes
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