Section 453A.Sec. 127 - NEW1. After being served with a notice or order of summary suspension, a person may, but is not required to, file an answer to the notice or order of summary suspension. The person may file such an answer not later than 10 days after the date of service of the notice or order of summary suspension.2. The Department may amend the notice or order of summary suspension at any time before the hearing. If the Department amends the notice or order of summary suspension before the hearing, the Department will: (a) File the amended notice or order of summary suspension with the hearing officer; and(b) Serve the person with the amended notice or order of summary suspension.3. After being served with an amended notice or order of summary suspension, the person may do any or all of the following: (a) File an answer to the amended notice or order of summary suspension. The person may file such an answer not later than 10 days after the date of service of the amended notice or order of summary suspension or not later than the date of the hearing, whichever date is earlier.(b) Move for a continuance of the hearing. The hearing officer shall grant the continuance if the person demonstrates that:(1) The amendment materially alters the allegations in the notice or order of summary suspension; and(2) The person does not have a reasonable opportunity to prepare a defense against the amended notice or order of summary suspension before the date of the hearing.4. The Department may amend the notice or order of summary suspension at the time of the hearing if the amendment is not considered material and the substantial rights of the person would not be prejudiced by the amendment.5. The notice or order of summary suspension, any amended notice or order of summary suspension and any answer filed by the person must be made part of the record at the hearing.Nev. Admin. Code § 453A.Sec. 127
Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018