Nev. Admin. Code § 439.380 - Hearings: Failure of party to appear; stipulations; continuances; official notice
1. If a party fails
to appear at a hearing scheduled by the hearing officer and no continuance has
been granted, the hearing officer may hear the evidence and proceed to consider
the matter and dispose of it on the basis of the evidence before the hearing
officer. If the subject matter of the hearing is proposed disciplinary action
and the appellant fails to appear at the hearing and fails to reply to the
notice, the charges specified in the proposed finding are presumed to be
true.
2. With the approval of the
hearing officer, the parties may stipulate as to any fact at issue, either by a
written stipulation introduced in evidence as an exhibit or by oral statements
shown upon the record. Any such stipulation is binding upon all parties so
stipulating and may be regarded by the hearing officer as evidence at the
hearing.
3. The hearing officer
may, before or during a hearing, upon a proper showing, grant a continuance for
submission of additional proof or other reasonable purpose.
4. In addition to the facts mentioned in
subsection 5 of
NRS 233B.123, the
hearing officer may take official notice of:
(a) Regulations, official reports and
decisions and orders of the Board or any other regulatory agency of the State
of Nevada.
(b) Contents of
certificates and permits issued by the Division.
(c) Any provision of the Nevada Revised
Statutes.
Notes
NRS 439.200
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