Nevada Administrative Code
Chapter 706 - Motor Carriers
REGULATION AND LICENSING OF MOTOR CARRIERS
Practice Before Nevada Transportation Authority
Section 706.3959 - Pleadings: Motions

Universal Citation: NV Admin Code 706.3959

Current through September 16, 2024

1. Any request for an order by the Authority, except for an order to allow intervention or an order to show cause, concerning any matter that has been assigned a docket number but has not been finally decided by the Authority must be styled a "motion."

2. A motion must be in writing unless made during a hearing. If a motion is made during a hearing, the motion may be written or oral. Oral motions must be timely made.

3. The presiding officer may order the parties to file one or more affidavits in support or contravention of a motion which has been made.

4. A motion must include, without limitation, citations of any authorities upon which the motion relies.

5. A written motion must be filed with the Authority and served upon all parties of record.

6. The presiding officer may direct that any motion made at a proceeding be reduced to writing, and filed and served in accordance with this section.

7. A motion that involves the final determination of a proceeding, including, without limitation, a motion to dismiss, will be considered by the Authority at the time of the final decision and order, unless the presiding officer or the Authority determines that an expedited ruling would be in the public interest.

8. The presiding officer may rule on any motion made at a hearing which does not constitute a final determination of the proceeding.

9. A written motion other than one made during a proceeding must be served not later than 10 days before the date set for the hearing unless a different time is specified by the presiding officer.

10. Motions filed by different parties of record but involving the same point of law may be set for hearing at the same time.

11. For the purpose of this section, "party of record" includes, without limitation, all persons who have filed petitions for leave to intervene which are pending at the time a motion is to be filed or served.

Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98

NRS 233B.050, 706.171

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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