Nev. Admin. Code § 288.276 - Duties of hearing officer; written objection to recommended decision or order; duties of Board
1. A hearing
officer appointed by the Board pursuant to
NRS
288.630 to conduct a hearing that the Board
is otherwise required to conduct pursuant to
NRS
288.625 shall:
(b) Ensure that the administrative record of
the hearing is complete and forward the record to the Board as soon as
practicable after the close of the hearing;
(c) As soon as practicable upon the close of
the hearing, propose a recommended decision or order to the Board in writing,
which must include, without limitation, any findings of fact or conclusions of
law reached by the hearing officer; and
(d) Serve a copy of the recommended decision
or order upon each party.
2. Either party may, within 14 days after
service of the recommended decision or order pursuant to subsection 1, file a
written objection to the recommendation with the Board.
3. Before deliberating, each member of the
Board will state on the record that he or she has read:
(a) The administrative record of the hearing
forwarded to the Board pursuant to paragraph (b) of subsection 1;
(b) The recommended decision or order of a
hearing officer proposed pursuant to paragraph (c) of subsection 1;
and
(c) Any objection filed
pursuant to subsection 2.
4. The Board will consider the administrative
record, the recommended decision or order of a hearing officer and any
objection before rendering a final decision.
5. The Board will not substitute its judgment
for that of the hearing officer as to the weight of evidence on a question of
fact. The Board may substitute its judgment for that of the hearing officer as
to any other matter.
Notes
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