Nev. Admin. Code § 281A.365

Current through June 11, 2024
Section 281A.365 - Conduct of hearings; action by Commission; effect of opinion; confidentiality
1. The presiding officer of an advisory-opinion hearing that was determined to be held pursuant to section 13 of this regulation shall:
(a) Ascertain whether the subject who filed the request for an advisory opinion and all persons requested by the subject to testify, including, without limitation, persons commanded to appear under subpoena, are present and whether all documents, books, records and other evidence requested to be made available, including, without limitation, evidence under subpoena, have been provided to the Commission.
(b) Ensure that an oath is administered to the subject who filed the request for an advisory opinion and all persons whose testimony will be taken.
2. Regardless of whether the matter is a contested case, the subject who filed the request for an advisory opinion must be present at the hearing.
3. The presiding officer shall allow the subject who filed the request for an advisory opinion to:
(a) Present opening comments;
(b) Present any evidence on his or her own behalf; and
(c) Examine any witnesses on his or her own behalf.
4. The subject who filed the request for an advisory opinion, any witnesses or any counsel retained by the subject may be questioned by any member of the Commission at any time during the proceeding.
5. Upon the conclusion of the presentation of evidence by the subject who filed the request for an advisory opinion and the examination of any witnesses, the presiding officer shall allow the subject to present closing comments.
6. The Commission may waive any provision of this section if the Commission determines that such a waiver is necessary to expedite the advisory-opinion hearing or is in the interest of justice.

Nev. Admin. Code § 281A.365

Added to NAC by Comm'n on Ethics by R186-05, eff. 5-4-2006; A by R134-10, 10-26-2011-Substituted in revision for NAC 281.1175; A by R048-14, eff. 10/24/2014; A by R108-18A, eff. 8/21/2018; A by R108-18AP, eff. 8/30/2018
NRS 281A.290