Nev. Admin. Code § 240A.Sec. 18

Current through November 8, 2024
Section 240A.Sec. 18 - NEW
1. In conducting any hearing, the hearing officer is not bound by the technical rules of evidence, and any informality in any proceeding or in the manner of taking testimony does not invalidate any order or decision of the hearing officer. Rules of evidence before the courts of Nevada may be generally followed but may be relaxed in the discretion of the hearing officer if deviation from the technical rules of evidence will aid in ascertaining the facts.
2. Any evidence offered at a hearing must be material and relevant to the issues of the hearing. The hearing officer may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that presentation of that evidence be discontinued.
3. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the hearing officer. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings are unnecessary and need not be taken.
4. Sworn declarations may be introduced in lieu of testimony if a witness resides outside the State of Nevada.
5. The hearing officer may take official notice of judicially cognizable facts and of recognized technical facts within the specialized knowledge of the hearing officer, including the following matters:
(a) Rules, regulations, official reports, decisions and orders of the Secretary of State and any regulatory agency of the State of Nevada.
(b) Contents of decisions, orders, standards or records of the Secretary of State.
(c) Matters of common knowledge and technical facts of established character.
(d) Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference.

Nev. Admin. Code § 240A.Sec. 18

Added to NAC by Sec'y of State by R146-20A, eff. 2/28/2022
NRS 240A.250, 240A.260, as amended by section 3.6 of Assembly Bill No. 245, chapter 200, Statutes of Nevada 2021, at page 937, NRS 240A.270.