Nevada Administrative Code
Chapter 632 - Nursing
DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD
Section 632.9255 - Procedure for hearing; transcript of proceedings; burden of proof
Universal Citation: NV Admin Code 632.9255
Current through September 16, 2024
1. Except as otherwise provided in this section, a hearing in a contested case will be conducted in the following order:
(a) The hearing will be called to order
by the President of the Board or the appointed hearing officer.
(b) Introduction of the parties and members
of the Board or the appointed hearing officer will be made.
(c) The complaint and notice of hearing will
be placed in evidence.
(d) The
parties will be asked whether they wish to have witnesses, except as otherwise
provided in this paragraph, excluded from the hearing except during their
testimony. If excluded, witnesses will be instructed not to discuss the case
during the pendency of the proceeding. The respondents will be permitted to
remain in the hearing. The petitioner may designate a person, who may also be a
witness, to act as its representative. Such a representative will be permitted
to remain in the hearing.
(e) Any
preliminary motions, stipulations or orders upon which the parties agree will
be heard and any administrative details will be addressed.
(f) The petitioner and then the respondent
may make opening statements.
(g)
The petitioner may call witnesses and present evidence. Each witness will be
sworn and questioned in the following manner:
(1) The petitioner will question the
witness.
(2) The respondent may
cross-examine the witness.
(3) If
the respondent cross-examines the witness, the petitioner may question the
witness on redirect examination.
(4) If the petitioner questions the witness
on redirect examination, the respondent may recross-examine the
witness.
(5) After the petitioner
and respondent complete the questioning pursuant to subparagraphs (1) to (4),
inclusive, the members of the Board or hearing officer may question the
witness.
(6) If the witness is
questioned by the members of the Board or the hearing officer, the petitioner
and then the respondent may question the witness. Questions asked by the
petitioner and respondent may question the witness. Questions asked by the
petitioner and respondent will be limited to those areas addressed by the
questions asked by the members of the Board or hearing officer.
(h) The respondent may call
witnesses and present evidence. Each witness will be sworn in and questioned in
the following manner:
(1) The respondent will
question the witness.
(2) The
petitioner may cross-examine the witness.
(3) If the petitioner cross-examines the
witness, the respondent may question the witness on redirect
examination.
(4) If the respondent
questions the witness on redirect examination, the petitioner may
recross-examine the witness.
(5)
After the respondent and petitioner complete the questioning pursuant to
subparagraphs (1) to (4), inclusive, the members of the Board or hearing
officer may question the witness.
(6) If the witness is questioned by the
members of the Board or the hearing officer, the respondent and then the
petitioner may question the witness. Questions asked by the respondent and
petitioner will be limited to those areas addressed by the questions asked by
the members of the Board or hearing officer.
(i) The petitioner and respondent may be
allowed to call appropriate rebuttal and rejoinder witnesses with examination
of those witnesses proceeding as set forth in paragraph (g) or (h), as
appropriate.
(j) The petitioner may
present a closing argument, followed by the closing argument of the respondent
and then the rebuttal closing argument of the petitioner.
(k) The Board or the hearing officer may
deliberate the case.
2. The Board may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.
3. Oral proceedings, or any part thereof, will be transcribed at the request of any party at the expense of that party.
4. The petitioner has the burden of proof in a contested case.
Added to NAC by Bd. of Nursing, eff. 11-6-95
NRS 632.120
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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