Section 467.103 - Arbitration: Contract; notice; procedure; telephonic appearance; hearing; evidence; right to attorney; immunity1. A contract between an unarmed combatant and a manager that is executed and notarized on a form provided by the Commission may provide for binding arbitration of disputes. The Commission may, in its discretion, provide for binding arbitration on a contract that is not executed and notarized on a form provided by the Commission if the interested parties agree to binding arbitration.2. A party seeking arbitration of a contract must initiate the arbitration process by serving a notice of arbitration to the other party or parties to the agreement by personal service or by certified or registered mail, return receipt requested. The notice of arbitration must describe the nature of the controversy and the remedy sought. After a party provides proof of service of the notice of arbitration to the Commission, the Chair shall, in his or her discretion, appoint a representative of the Commission to conduct the arbitration.3. The arbitrator may conduct the arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding, in accordance with the following: (a) The authority conferred upon the arbitrator includes, without limitation, the power to hold conferences with the parties to the arbitral proceeding before the hearing and the power to determine the admissibility, relevance, materiality and weight of any evidence.(b) The arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at the hearing. If the arbitrator issues a subpoena, the arbitrator must serve the subpoena by personal service or by certified or registered mail, return receipt requested. All laws compelling a person under subpoena to testify as a witness, as well as all associated fees, apply to the arbitration as if the controversy were the subject of a civil action in the courts of this State.(c) The arbitrator may permit such discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitral proceeding and other affected persons, and the desirability of making the proceeding fair, expeditious and cost-effective.(d) The arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in the courts of this State.4. If a party to the arbitration seeks to make its appearance at the arbitration telephonically, that party must obtain permission from the arbitrator. Requests for telephonic appearances must be submitted to the arbitrator at least 48 hours before the scheduled start of the arbitration.5. The arbitrator shall set a date, time, and location for the hearing and shall, not less than 5 days before the time of the hearing, give notice of the hearing. Unless a party to the arbitral proceeding makes an objection to lack or insufficiency of notice before the beginning of the hearing, the party's appearance at the hearing waives the objection. The arbitrator has the discretion to grant any continuance of the hearing.6. The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitral proceeding did not appear.7. A party to an arbitral proceeding may be represented by an attorney.8. An arbitrator acting in that capacity pursuant to this section is immune from civil liability to the same extent as a judge of a court in this State who is acting in a judicial capacity.Nev. Admin. Code § 467.103
Added to NAC by Athletic Comm'n by R032-18A, eff. 1/30/2019