Nevada Administrative Code
Chapter 459 - Hazardous Materials
DISCIPLINARY ACTION
Section 459.99968 - Order of proceedings; preponderance of evidence; availability of electronic recording
Universal Citation: NV Admin Code 459.99968
Current through December 12, 2024
1. At a hearing conducted pursuant to sections 34 to 55, inclusive of this regulation:
(a) The Division shall present witnesses and evidence first and the respondent may cross-examine the witnesses. The Division shall have an opportunity for redirect examination of the witnesses.
(b) After the Division has completed its presentation of witnesses and evidence, the respondent may present witnesses and evidence and the Division may cross-examine the witnesses. The respondent shall have the opportunity for redirect examination of the witnesses.
(c) After the respondent has completed his or her presentation of witnesses and evidence, the Division may present any rebuttal witnesses and evidence and respondent may cross-examine the witnesses.
(d) The hearing officer may question any witness, party, counsel or representative at any time.
2. The Division must establish that grounds for disciplinary action exist by a preponderance of the evidence.
3. The hearing must be recorded electronically and the electronic recording must be made available for inspection and copying at the expense of each party.
Added to NAC by Bd. of Health, Radiation Control Reg by R126-19A, eff. 12/29/2020
NRS 459.485, 459.500
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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