Nevada Administrative Code
Chapter 623A - Landscape Architects
ADMINISTRATIVE PROCEEDINGS
Section 623A.520 - Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination
Current through December 12, 2024
1. All parties to a disciplinary proceeding or other contested matter under the Nevada Administrative Procedure Act will be afforded an opportunity for a hearing before the Board or a duly appointed hearing panel after reasonable notice of at least 20 days.
2. The notice must contain:
3. At the hearing, each party has the right to be represented by counsel, to respond to and introduce evidence and argument on all issues involved, and to produce witnesses and to examine and cross-examine opposing witnesses.
4. The respondent may request a continuance of a hearing. The Board will grant the first request for a continuance of a hearing requested by a respondent. The Board will grant a second or subsequent request for a continuance only upon a showing by the respondent of clear and convincing grounds for the granting of the second or subsequent request for a continuance of a hearing.
5. The President of the Board or another member of the Board appointed by the President shall chair the hearing.
6. The member of the Board chairing the hearing shall make all rulings concerning the admissibility of evidence. The formal rules of evidence do not apply.
7. A hearing will be conducted in the following order:
8. All allegations in a complaint must be proved by substantial evidence.
9. After the hearing has concluded, the Board will, by majority vote, make an initial determination as to the allegations contained in the complaint.
10. After the Board has made a determination as to the decision of the Board regarding the allegations contained in the complaint:
11. The Executive Director of the Board shall submit the written final determination of the Board prepared pursuant to the provisions of subsection 10 to the Board for approval. If the Board approves of the written final determination of the Board prepared pursuant to the provisions of subsection 10, the Board will serve the written final determination on the respondent by certified mail, return receipt requested.
12. A person who is aggrieved by a final decision of the Board in a contested case is entitled to a judicial review pursuant to the Nevada Administrative Procedure Act.
Bd. of Landscape Arch., §§ 8.2 through 8.5, eff. 9-9-76-NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011
NRS 623A.130