Nevada Administrative Code
Chapter 628 - Accountants
PRACTICE BEFORE THE BOARD
Section 628.940 - Motions

Universal Citation: NV Admin Code 628.940

Current through December 12, 2024

1. Except as otherwise provided in this chapter or chapter 628 of NRS, or as permitted by the Board or hearing panel or officer, to request a ruling from the Board or hearing panel or officer on any issue of law or procedure in a case, a party must file a written motion with the Board or hearing panel or officer.

2. A party may file only the following prehearing motions:

(a) A motion requesting a continuance or an extension of time.

(b) A motion requesting, for good cause, the recusal of a member of the Board, a member of the hearing panel or the hearing officer from participation in the case.

(c) A motion requesting the separation of consolidated cases.

(d) A motion requesting a more definite statement regarding the allegations in the complaint on the ground that there is not enough information in the complaint to formulate a defense.

(e) A motion requesting dismissal of the complaint for failure to state facts which, if true, would form a sufficient basis for discipline.

(f) With prior leave of the President or presiding officer of the Board, the chair or presiding officer of the hearing panel or the hearing officer, any other motion requesting appropriate action or relief before the date of the hearing.

3. A prehearing motion must be filed with the Board or hearing panel or officer at least 20 days before the date of the hearing. A party who opposes the motion may file a response to the prehearing motion not later than 7 days after the date of service of the motion. No reply may be filed by the moving party. Upon a showing of good cause, the President or presiding officer of the Board or the hearing officer may allow a party to file such a motion or response within such other times as he or she deems appropriate.

4. The President or presiding officer of the Board, the chair or presiding officer of the hearing panel or the hearing officer shall rule on any prehearing motion before or on the date of the hearing. A hearing panel may authorize the presiding officer of the hearing panel to rule on any prehearing motion before the date of the hearing.

5. A party may file only the following motions after the commencement of the hearing:

(a) After the prosecutor has concluded the presentation of his or her case in chief, a motion requesting dismissal of the complaint for failure of the prosecutor to meet the burden of proof.

(b) With leave of the Board or hearing panel or officer, any other motion requesting appropriate action or relief during the hearing.

6. A party may file only the motions set forth in NAC 628.945 after the close of the hearing.

Added to NAC by Bd. of Accountancy by R117-15, eff. 4/4/2016

NRS 628.120, 628.160

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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