Nev. Admin. Code § 645.820 - Procedures for rehearing

The following procedures are used for a rehearing in a case where a ruling or decision of the Commission is against the licensee:

1. The licensee may within 10 days after his or her receipt of the decision petition the Commission for a rehearing.

2. The petition does not stay any decision of the Commission unless the Commission so orders.

3. The petition must state with particularity the point of law or fact which in the opinion of the licensee the Commission has overlooked or misconstrued and must contain every argument in support of the application that the licensee desires to present.

4. Oral argument in support of the petition is not permitted.

5. The Division may file and serve an answer to a petition for a rehearing within 10 days after it has received service of the petition.

6. If a petition for rehearing is filed and the Commission is not scheduled to meet before the effective date of the penalty, the Division may stay enforcement of the decision appealed from. When determining whether a stay is to be granted, the Division shall determine whether the petition was timely filed and whether it alleges a cause or ground which may entitle the licensee to a rehearing.

7. A rehearing may be granted by the Commission for any of the following causes or grounds:

(a) Irregularity in the proceedings in the original hearing;

(b) Accident or surprise which ordinary prudence could not have guarded against;

(c) Newly discovered evidence of a material nature which the applicant could not with reasonable diligence have discovered and produced at the original hearing; or

(d) Error in law occurring at the hearing and objected to by the applicant during the earlier hearing.

8. A petition for a rehearing may not exceed 10 pages of standard printing.

9. The filing of a petition for rehearing, or the decision therefrom, does not stop the running of the 30-day period of appeal to the district court from the date of the decision of the Commission for the purpose of subsection 2 of NRS 645.760.

Notes

Nev. Admin. Code § 645.820

Real Estate Adv. Comm'n, § XVII subsec. 3, eff. 10-31-75-NAC A by Real Estate Comm'n, 8-21-81; 4-27-84

NRS 645.190