Nev. Admin. Code § 119A.170

Current through October 11, 2024

Section 119A.170 - Hearing: Procedure

1. The hearing officer shall:

(a) Ascertain whether all persons commanded to appear under subpoena are present, and whether all documents, books, records and other evidence under subpoena are present in the hearing room;

(b) Administer the oath to the reporter as follows: "Do you solemnly swear or affirm that you will report this hearing to the best of your stenographic ability?";

(c) Ascertain whether either party desires to have a witness excluded from the hearing room until he or she is called. The hearing officer may exclude a witness on his or her own motion or upon the motion of either party;

(d) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings; and

(e) Request the plaintiff or petitioner to proceed with the presentation of his or her case.

2. The hearing officer may question witnesses or counsel at any time during the proceedings.

3. Documentary or physical evidence which is to be introduced must first be marked for identification by the hearing officer.

4. When the plaintiff or petitioner has completed his or her presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on his or her behalf.

5. When the respondent has completed his or her presentation, the petitioner or plaintiff may call any rebuttal witnesses.

6. When all testimony for the plaintiff or petitioner and respondent has been given and all evidence submitted, the hearing officer may request the petitioner or plaintiff and the respondent to summarize their presentations.

7. The hearing officer shall indicate for the record that the hearing is terminated, and that he or she will issue a decision after considering all the evidence. After presentation of the case by the Administrator and the respondent and closing arguments by either party, if any, the hearing officer may recess the hearing for the purpose of coming to a decision.

8. The date of decision for the purpose of appeal therefrom is the date of written notice of the decision or ruling by the hearing officer.

Nev. Admin. Code § 119A.170

Added to NAC by Real Estate Div., eff. 12-3-84

NRS 119A.190, 119A.640, 119A.655, 119A.658