Nev. Admin. Code § 453A.Sec. 140

Current through June 11, 2024
Section 453A.Sec. 140 - NEW
1. After the close of the hearing, a party may file only the following motions:
(a) A motion requesting a rehearing.
(b) A motion requesting reconsideration of the findings of fact, conclusions of law and final decision of the hearing officer.
(c) With leave of the hearing officer, any other motion requesting appropriate action or relief after the close of the hearing.
2. A motion requesting a rehearing or reconsideration must be filed with the hearing officer not later than 15 days after the date of service of the findings of fact, conclusions of law and final decision of the hearing officer.
3. A party that opposes the motion may file a response to the motion not later than 7 days after the date of service of the motion.
4. A motion requesting a rehearing or reconsideration may be based only on one of the following grounds:
(a) Newly discovered or available evidence.
(b) Error in the hearing or in the findings of fact, conclusions of law or final decision that would be grounds for reversal of the findings, conclusions or decision.
(c) The need in the public interest for further consideration of the issues or evidence, or both.
5. The hearing officer shall enter an order ruling on the motion requesting a rehearing or reconsideration not later than 25 days after the date on which the motion is filed. A copy of the order must be served on each party. The hearing officer may:
(a) Deny the motion;
(b) Order a rehearing or partial rehearing;
(c) Order reconsideration of the findings of fact, conclusions of law or final decision of the hearing officer; or
(d) Direct other proceedings as the hearing officer deems appropriate.
6. If the hearing officer orders a rehearing, the rehearing must be confined to the issues upon which the rehearing was ordered.

Nev. Admin. Code § 453A.Sec. 140

Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018
NRS 453D.200