Nev. Admin. Code § 704.680359

Current through November 8, 2024

Section 704.680359 - Mediation

1. Upon the filing of a complaint pursuant to NAC 704.680353, the complaint must be submitted to mediation. Except for the filing of an answer and the filing of any requests for interim relief under NAC 704.680365, the Commission will suspend action on a complaint pending mediation. Except as otherwise provided in this subsection, the Director of Regulatory Operations within the Commission shall preside over the mediation of a complaint pursuant to this section. The Director of Regulatory Operations may, not later than 3 business days after the date on which a complaint is filed, designate a member of his or her staff to preside over the mediation of the complaint.

2. The mediator of a complaint shall issue a notice to the parties to the complaint scheduling an initial mediation conference. An initial mediation conference must be scheduled for and begun not earlier than 15 calendar days before or later than 30 calendar days after the date on which the complaint is filed with the Commission.

3. Each party to a complaint submitted for mediation shall submit a position statement directly with the mediator not later than 14 calendar days after the date on which the complaint was filed with the Commission. A party to a complaint shall not file a position paper with the Commission, any opposing party or counsel for an opposing party. A position statement must:

(a) Be not more than 15 pages in length; and

(b) Concisely state:

(1) The relevant facts;

(2) The issues that are the subject of the complaint;

(3) The argument of the party supporting its position;

(4) The applicable legal authorities; and

(5) All other information that, in the opinion of the party, may assist the mediator in conducting the mediation conference.

4. A mediation conference must be held at a time and place designated by the mediator. Parties to the complaint being submitted to mediation may be represented by legal counsel. Except as otherwise provided in this subsection, a party must have in attendance at the mediation a representative who has the authority to settle the dispute. A mediator may, for good cause shown, excuse the attendance of a representative of a party if legal counsel for the party is in attendance at the mediation and the legal counsel has written authorization from the party to resolve the dispute fully on behalf of the party or has immediate telephone access to a representative of the party who has such authority.

5. The procedures for a mediation conference and the sequence and manner of presentations by the parties are at the discretion of the mediator. Additional mediation conferences may be conducted upon the agreement of the parties or at the direction of the mediator.

6. If a complaint is settled as a result of a mediation conference, the parties to the complaint shall execute and file with the Commission a voluntary dismissal of the complaint. A voluntary dismissal of a complaint must be filed with the Commission within 10 calendar days after the date on which the settlement is reached.

7. If a settlement of the complaint is not reached through mediation, the parties to the complaint shall, not later than 10 calendar days after the last mediation conference but in no event not later than 45 calendar days after the date on which the complaint was filed with the Commission, jointly prepare and file a mediation conference report with the Secretary of the Commission. A mediation conference report must include a list of the undisputed facts and a list of issues for resolution by the Commission.

8. Papers or documents prepared by a party to a complaint, by legal counsel for such a party or by the mediator of the complaint in furtherance of the mediation conference, excluding the mediation report, are not available for public inspection and must not be submitted to, and will not be considered by, the Commission in resolving the complaint. Matters discussed at a mediation conference and papers and documents that are not available for public inspection pursuant to this section are not available for discovery and are not admissible in any administrative proceeding before the Commission, or, except as otherwise provided in state or federal statute, in any other judicial or administrative proceeding.

Nev. Admin. Code § 704.680359

Added to NAC by Pub. Utilities Comm'n by R107-00, eff. 2-26-2001

NRS 703.025, 704.210, 704.6882