Nev. Admin. Code § 533.170 - Prehearing conferences

1. The State Engineer may, upon 15 days' notice to the parties, hold a prehearing conference to:

(a) Formulate or simplify the issues involved in the proceeding;

(b) Obtain admissions of fact or stipulations of the parties;

(c) Determine the nature and extent of the issues to be determined at the hearing or obtain documents necessary to consider those issues at the hearing;

(d) Identify the witnesses and the subject matter of their expected testimony and limit the number of witnesses, if necessary;

(e) Rule on any motions;

(f) Arrange for the exchange of:

(1) Proposed exhibits;

(2) Prepared testimony of experts;

(3) Lists of witnesses;

(4) Lists of exhibits; or

(5) Other materials the State Engineer deems to be relevant and necessary to understand the issues;

(g) Limit the time and scope of the examination of witnesses;

(h) Establish an order of proceedings for the hearing which is most suitable to the particular case, including the order in which parties will present their respective cases; and

(i) Discuss and resolve other matters which may promote orderly conduct, expedite the hearings or achieve a settlement of the issues between the parties of record.

2. Unless otherwise ordered for good cause shown, the failure of a party to attend a prehearing conference constitutes a waiver of any objection to the rulings made at the prehearing conference. If the absent party does not provide notice before the prehearing conference that the absent party intends to participate in the hearing, the State Engineer may proceed to consider and dispose of the matter without the participation of the absent party.

3. The rulings, action taken or agreements made at a prehearing conference:

(a) Will be made a part of the record;

(b) Control the course of subsequent proceedings unless modified by the State Engineer; and

(c) Are binding upon all parties.

Notes

Nev. Admin. Code § 533.170

Added to NAC by St. Engineer, eff. 2-8-95; A by R129-08, 2-11-2009

NRS 532.120, 533.365