Section 453A.Sec. 138 - NEW1. Except as otherwise provided in this section, in any hearing pursuant to this chapter, the hearing must proceed as follows:(a) The hearing officer shall call the hearing to order.(b) The parties and their representatives and the hearing officer must be introduced.(c) The hearing officer shall consider any preliminary motions, stipulations or orders and shall address any administrative details regarding the hearing.(d) The hearing officer: (1) Shall ask the parties if they want any witness excluded from the hearing;(2) Shall instruct any witness who is excluded from the hearing not to discuss the case during the course of the hearing;(3) Shall allow the person who was served a notice or order of summary suspension to remain in the hearing;(4) Shall allow any person who acts as both a representative of the Department and a witness in the hearing to remain in the hearing; and(5) May, on its own motion, exclude any witness from the hearing.(e) The Department may make an opening statement. After the Department has had the opportunity to make an opening statement, the person that was served a notice or order of summary suspension may make an opening statement. The hearing officer may limit equally the time of the opening statement of each party.(f) The Department may present its case by presenting evidence and calling witnesses in the following manner: (1) The witness must be sworn in.(2) The Department may directly examine the witness.(3) The person that was served a notice or order of summary suspension may cross-examine the witness.(4) If requested, the Department may question the witness on redirect examination.(5) If requested, the person that was served a notice or order of summary suspension may question the witness on recross-examination.(g) After the Department has had the opportunity to present its case, the person that was served a notice or order of summary suspension may present his or her case by presenting evidence and calling witnesses in the following manner: (1) The witness must be sworn in.(2) The person that was served a notice or order of summary suspension may directly examine the witness.(3) The Department may cross-examine the witness.(4) If requested, the person that was served a notice or order of summary suspension may question the witness on redirect examination.(5) If requested, the Department may question the witness on recross-examination.(h) The hearing officer may question a witness at any time during the hearing. If a witness is questioned by the hearing officer, the party that called the witness may request permission to ask further questions, limited to the area addressed by the hearing officer. When that party has asked those questions, the other party may request permission to ask further questions, limited to the area addressed by the hearing officer.(i) After the Department and person that was served a notice or order of summary suspension have presented their cases, the hearing officer may allow the Department and person that was served a notice or order of summary suspension to call rebuttal witnesses. If the Department or person that was served a notice or order of summary suspension, or both, call one or more rebuttal witnesses, each rebuttal witness must be sworn in and questioned in the same manner as provided in paragraph (f) or (g), as appropriate.(j) The Department may make a closing argument. After the Department has had the opportunity to make a closing argument, the person that was served a notice or order of summary suspension may make a closing argument. The hearing officer may limit equally the time of the closing argument of each party. If the person that was served a notice or order of summary suspension makes a closing argument, the Department may make a final closing argument. The hearing officer may limit the time of the final closing argument.(k) If allowed by the hearing officer, either party may recommend specific disciplinary action to the hearing officer at the appropriate time.(l) After the close of the hearing, the hearing officer shall deliberate, reach a decision and prepare and serve findings of fact, conclusions of law and his or her final decision in accordance with section 139 of this regulation. Not later than 60 days after the close of the hearing, the hearing officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties for review.2. The hearing officer may deviate from the order of the hearing set forth in subsection 1 if the hearing officer: (a) Upon a showing of good cause, deems it appropriate; or(b) Deems it necessary to expedite or ensure the fairness of the hearing.Nev. Admin. Code § 453A.Sec. 138
Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018