Nev. Admin. Code § 439B.Sec. 10 - NEW

1. Except as otherwise provided in this subsection, a hearing on an appeal requested pursuant to section 9 must be open to the public. Upon the motion of a party, the hearing officer, in his or her discretion, may exclude from the hearing room any witness in the matter not at the time under examination except a party to the proceeding or his or her counsel.

2. The hearing officer shall determine the evidence upon the charges and specifications as set forth by the Department in the notice provided pursuant to section 8.

3. The technical rules of evidence do not apply. All testimony and exhibits offered must be relevant and bear upon the matter in contention. The hearing officer may exclude any testimony or exhibit that he or she determines does not meet this criterion. The hearing officer shall also consider the objection of either side to the introduction of evidence, whether oral testimony or exhibit. When ruling on the objection, the hearing officer shall primarily consider the competence and relevance of the evidence at issue.

4. The hearing officer shall base his or her decision on the weight of the evidence presented at the hearing. Findings of fact, conclusions of law and decisions must be based on substantial evidence.

5. At the beginning of his or her testimony, each witness who has not previously testified in the hearing shall state his or her name and business, employment or position.

6. Any letter, paper or object offered in evidence must be properly authenticated and, if received, must be marked by the hearing reporter with a distinguishing number or letter, such as "Department's Exhibit 1" or "Appellant's Exhibit A."

7. Testimony may be presented in statement or question and answer form.

8. With the approval of the hearing officer, the parties may stipulate as to any fact at issue, either by a written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record. Any such stipulation is binding upon all parties so stipulating and may be regarded by the hearing officer as evidence at the hearing.

9. The Department or an appellant may subpoena a witness to testify at a hearing. Such a witness must receive the fees and mileage allowed by law to a witness in a civil case.

10. The Department will keep a record of the proceedings, but the record need not be transcribed unless the decision is appealed or a transcript is requested by an interested party. Any party who requests a transcript shall pay the cost of transcription.

Notes

Nev. Admin. Code § 439B.Sec. 10

Added to NAC by Dept of Health & Human by R121-20A, eff. 6/13/2022

NRS 439B.685, as amended by section 16 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695, as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730