Nev. Admin. Code § 623.945 - Procedure for hearing; exhibits; prehearing motions; informality of proceeding
1. The Chair of the
Board will call the hearing to order, note the appearances of the parties and
act upon any pending motions, petitions, stipulations or preliminary matters.
Upon request and within the discretion of the Chair, the parties may make
opening statements.
2. The
petitioner will present his or her case-in-chief first, followed by the
respondent's case-in-chief. Both parties will have the opportunity to
cross-examine, redirect and recross-examine the witnesses.
3. Upon request and within the discretion of
the Chair, the parties may make closing arguments.
4. The Board may:
(a) Exclude inadmissible, repetitious or
irrelevant evidence;
(b) Examine
witnesses;
(c) Examine a party on
issues of law or fact; and
(d)
Require written briefs from the parties in lieu of oral arguments.
5. If exhibits will be presented
during the hearing, the petitioner and the respondent must provide the Board
with 12 copies of the exhibits not less than 20 days before the hearing. Copies
must be distributed as follows:
(a) One copy
for the file;
(b) One copy for each
member of the Board;
(c) One copy
for the witness packet; and
(d) One
copy for opposing counsel.
6. Prehearing motions must be submitted in
writing and filed with the Board within 10 days after the receipt of the
exhibit to which the motion applies. A party who opposes the motion may file a
response to the prehearing motion not later than 7 days after the date of
service of the motion. Upon a showing of good cause, the Board may allow a
party to file a prehearing motion or response within such other times as the
Board deems appropriate.
7. In
conducting a hearing or informal proceeding, the Board is not bound by the
technical rules of evidence. A decision or order of the Board may not be
invalidated based upon the informality of the proceeding upon which the
decision or order is made.
Notes
NRS 623.140, 623.150
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