Section 281A.460 - Hearings: Conduct; action by Commission1. The presiding officer of an adjudicatory hearing shall: (a) Ascertain whether all persons identified in the witness lists submitted by the parties are present, including, without limitation, any witnesses under subpoena, and whether all exhibits required for the adjudicatory hearing pursuant to the scheduling order, including, without limitation, all books and papers under subpoena, have been submitted to the Commission.(b) Ensure that an oath is administered in accordance with NAC 281A.280 to all persons whose testimony will be taken.(c) Except for the subject, exclude from the hearing all witnesses scheduled to testify except during the testimony of the witness. To preserve the integrity of the process and the evidence presented during a proceeding, the presiding officer may request all witnesses not to discuss the case with any person other than the legal counsel of the witness during the pendency of the proceeding.(d) Hear and rule on any procedural motions, including, without limitation, the admissibility of or objections to any proffered documentary evidence, and address any administrative details.(e) Direct the Executive Director to present opening comments regarding the ethics complaint, the response to the ethics complaint by the subject and the determination of the review panel concerning whether there is just and sufficient cause for the Commission to render an opinion in the matter.(f) Allow the subject to present opening comments.(g) Direct the Executive Director to call and question any witnesses and present any evidence concerning the ethics complaint.2. Upon the conclusion of the presentation of any evidence and the examination of any witnesses by the Executive Director, the presiding officer shall request the subject to proceed with the introduction of evidence and calling of witnesses on his or her behalf.3. Any member of the Commission may question the Executive Director, the subject, any witnesses or any counsel who represents the Executive Director or the subject at any time during the proceeding.4. Upon the conclusion of the presentation of evidence and the examination of witnesses by the Executive Director, the subject and any member of the Commission, the presiding officer shall allow the Executive Director and the subject to present closing comments.5. The Commission may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.Nev. Admin. Code § 281A.460
Added to NAC by Comm'n on Ethics by R186-05, eff. 5-4-2006; A by R084-08, 9-18-2008; R134-10, 10-26-2011-Substituted in revision for NAC 281.201; A by R108-18A, eff. 8/21/2018; A by R108-18AP, eff. 8/30/2018