Nevada Administrative Code
Chapter 391 - EDUCATIONAL PERSONNEL
SUSPENSION OR REVOCATION OF LICENSE
Section 391.545 - Hearing: Conduct of participants; rules of evidence; witnesses; affidavits; exhibits; stipulations; briefs

1. All participants in the hearing shall conduct themselves in a respectful manner.

2. Before the hearing, the parties must exchange copies of any evidence that will be submitted as exhibits during the hearing. Not less than 5 days before the hearing, each party shall provide to the hearing officer and all other parties the name of each witness who will testify at the hearing and a summary of his or her anticipated testimony.

3. The technical rules of evidence do not apply and formal exceptions to the hearing officer's rulings are not necessary. The ground on which a party relies for an objection to or an exclusion of evidence must be briefly stated. Any offer of proof for the record must include a statement of the substance of the evidence to which objection has been sustained. The decision by the hearing officer on the admissibility of evidence is a final administrative action.

4. An affidavit may be admitted as evidence in lieu of oral testimony if the information contained in the affidavit is admissible.

5. Exhibits introduced into evidence by the Superintendent of Public Instruction must be identified numerically in the order in which the exhibits are entered into evidence. The exhibits introduced into evidence by the holder of the license must be identified alphabetically in the order in which they are introduced into evidence.

6. The hearing officer may, upon the motion of a party, order a witness, other than a party to the hearing, to be excluded from the hearing to prevent that witness from hearing the testimony of another witness at the hearing.

7. The hearing officer may approve or reject any stipulation of fact offered by the parties at the hearing, including any written stipulation introduced into evidence as an exhibit or any stipulation in the form of an oral statement. A stipulation is binding on all parties to it and may be regarded by the hearing officer as evidence. The hearing officer may require additional proof by evidence of the facts stipulated.

8. The hearing officer may require the parties to submit briefs on any contested issues of law or fact. If the hearing officer requires the parties to submit briefs, he or she shall not conclude the hearing until after the briefs are required to be submitted.