Nev. Admin. Code § 281A.361

Current through June 11, 2024
Section 281A.361 - Motions: Generally
1. Except as otherwise provided in subsection 5 and NAC 281A.360 and 281A.505, the subject who filed the request for an advisory opinion may not file any written motion with the Commission relating to the request for an advisory opinion unless the Commission or the Chair or, in the absence of the Chair, the Vice Chair approves a written request by the subject to file the motion.
2. If the subject is authorized to file a written motion, the Commission or the Chair or, in the absence of the Chair, the Vice Chair may authorize the subject to argue the motion before the Commission. If oral argument is so authorized, the Executive Director or Commission Counsel shall prepare and serve on the subject a notice of hearing that identifies the date, time and location of the hearing on the motion.
3. The Chair or, in the absence of the Chair, the Vice Chair may rule on the motion, except a motion for disposition of the matter, at any time before, during or after an advisory-opinion hearing by the Commission on the matter:
(a) Based solely on the written motion filed with the Commission; or
(b) After the presentation of oral argument by the subject, if authorized pursuant to subsection 2.
4. The Commission may rule on the motion, including a motion for disposition of the matter, at any time before, during or after an advisory-opinion hearing by the Commission on the matter:
(a) Based solely on the written motion filed with the Commission; or
(b) After the presentation of oral argument by the subject, if authorized pursuant to subsection 2.
5. The subject may file a written motion for rehearing or for the reconsideration of an advisory opinion if the motion is filed with the Commission before the subject files a petition for judicial review, if applicable, and:
(a) If a written opinion will not be issued pursuant to section 17 of this regulation, not later than 15 days after the date on which the oral advisory opinion of the Commission is communicated to the subject pursuant to section 16 of this regulation; or
(b) If a written opinion is issued pursuant to section 17 of this regulation, not later than 15 days after the written opinion is issued.

Nev. Admin. Code § 281A.361

Added to NAC by Comm'n on Ethics by R108-18AP, eff. 8/30/2018
NRS 281A.290