Nevada Administrative Code
Chapter 240A - Document Preparation Services
Section 240A.Sec. 19 - NEW

Universal Citation: NV Admin Code 240A.Sec. 19

Current through September 16, 2024

1. The hearing officer shall:

(a) Call the hearing to order and note the appearances of the parties who are present.

(b) Administer the oath to all persons whose testimony will be taken as follows:

Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

(c) Ascertain whether either party desires to have a witness excluded from the hearing room until the witness is called. A witness may be excluded upon the motion of the hearing officer or upon the motion of either party. If a witness is excluded, the witness will be instructed not to discuss the case during the pendency of the proceeding. The respondent and staff must be allowed to remain present at the hearing.

(d) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.

(e) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.

(f) Request staff to proceed with the presentation of the Secretary of State's case.

2. The respondent may cross-examine witnesses in the order that staff presents them.

3. Witnesses or counsel may be questioned by the hearing officer at any time during the proceeding.

4. Evidence which is to be introduced or which is used by a witness:

(a) Must first be marked for identification; and

(b) May be received by the hearing officer at any point during the proceeding.

5. When staff has completed its presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on behalf of the respondent.

6. Staff may cross-examine witnesses in the order that the respondent presents them.

7. When the respondent has completed his or her presentation, staff may call any rebuttal witnesses.

8. When all testimony for staff and respondent has been given and all evidence has been submitted, the hearing officer may request staff and the respondent to summarize their presentations.

9. The hearing officer may waive or modify any provision of this section if necessary to expedite or ensure the fairness of the hearing.

Added to NAC by Sec'y of State by R146-20A, eff. 2/28/2022

NRS 240A.250, 240A.260, as amended by section 3.6 of Assembly Bill No. 245, chapter 200, Statutes of Nevada 2021, at page 937, NRS 240A.270.

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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