Current through December 12, 2024
Section 628.945 - Posthearing motions; rehearing and reconsideration; vacation and modification of final decision1. 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 and recommendations of the hearing panel or officer or the final decision of the Board.(c) A motion requesting that the final decision of the Board be vacated or modified.(d) With leave of the Board or hearing panel or 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: (a) The hearing panel or officer not later than 15 days after the date of service of the findings and recommendations of the hearing panel or officer.(b) The Board not later than 15 days after the date of service of the final decision of the Board.3. A party who opposes a motion filed pursuant to this section may file a response to the motion not later than 7 days after the date of service of the motion.4. The Board may authorize the President or presiding officer of the Board to rule on the motion. The hearing panel may authorize the chair or presiding officer of the hearing panel to rule on the motion.5. A motion requesting a rehearing or reconsideration may be based only on one of the following grounds: (a) Newly discovered or available evidence that could not have been presented at the hearing.(b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or decision.(c) The need in the public interest for further consideration of the issues or evidence, or both.6. The Board will, or the hearing panel or officer shall, enter an order ruling on a motion requesting a rehearing or reconsideration not later than 25 days after the date on which the motion was filed. A copy of the order must be served on each party. The Board or hearing panel or officer may: (b) Order a rehearing or partial rehearing;(c) Order reconsideration of the findings and recommendations or decision; or(d) Direct other proceedings as the Board or hearing panel or officer deems appropriate.7. If the Board or hearing panel or officer orders a rehearing, the rehearing must be confined to the issues upon which the rehearing was ordered.Nev. Admin. Code § 628.945
Added to NAC by Bd. of Accountancy by R117-15, eff. 4/4/2016