Nev. Admin. Code § 623A.520 - Hearings before Board or hearing panel: Notice; rights of parties; continuances; rules of evidence; final determination

1. All parties to a disciplinary proceeding or other contested matter under the Nevada Administrative Procedure Act will be afforded an opportunity for a hearing before the Board or a duly appointed hearing panel after reasonable notice of at least 20 days.

2. The notice must contain:

(a) The time, place and nature of the hearing.

(b) The legal authority and jurisdiction under which the hearing will be held.

(c) A reference to the particular sections of NRS and this chapter which are involved.

(d) A clear statement of the matters asserted.

3. At the hearing, each party has the right to be represented by counsel, to respond to and introduce evidence and argument on all issues involved, and to produce witnesses and to examine and cross-examine opposing witnesses.

4. The respondent may request a continuance of a hearing. The Board will grant the first request for a continuance of a hearing requested by a respondent. The Board will grant a second or subsequent request for a continuance only upon a showing by the respondent of clear and convincing grounds for the granting of the second or subsequent request for a continuance of a hearing.

5. The President of the Board or another member of the Board appointed by the President shall chair the hearing.

6. The member of the Board chairing the hearing shall make all rulings concerning the admissibility of evidence. The formal rules of evidence do not apply.

7. A hearing will be conducted in the following order:

(a) The legal counsel for the Board shall mark and place into evidence all exhibits that support the allegations contained in the complaint.

(b) The respondent may state his or her objections, if any, to the exhibits marked and placed into evidence by the legal counsel for the Board.

(c) The respondent shall mark and place into evidence all exhibits which support the defense of the respondent.

(d) The legal counsel for the Board may state his or her objections, if any, to the exhibits marked and placed into evidence by the respondent.

(e) The legal counsel for the Board may make an opening statement.

(f) The respondent may make an opening statement.

(g) The legal counsel for the Board shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

(h) The respondent may cross-examine a witness called by the legal counsel for the Board.

(i) The respondent shall call witnesses, if any, to testify concerning the allegations contained in the complaint.

(j) The legal counsel for the Board may cross-examine a witness called by the respondent.

(k) The respondent may make a closing statement.

(l) The legal counsel for the Board may make a closing statement.

8. All allegations in a complaint must be proved by substantial evidence.

9. After the hearing has concluded, the Board will, by majority vote, make an initial determination as to the allegations contained in the complaint.

10. After the Board has made a determination as to the decision of the Board regarding the allegations contained in the complaint:

(a) The Board will orally announce the decision of the Board; and

(b) The legal counsel of the Board shall draft a written final determination of the Board.

11. The Executive Director of the Board shall submit the written final determination of the Board prepared pursuant to the provisions of subsection 10 to the Board for approval. If the Board approves of the written final determination of the Board prepared pursuant to the provisions of subsection 10, the Board will serve the written final determination on the respondent by certified mail, return receipt requested.

12. A person who is aggrieved by a final decision of the Board in a contested case is entitled to a judicial review pursuant to the Nevada Administrative Procedure Act.

Notes

Nev. Admin. Code § 623A.520

Bd. of Landscape Arch., §§ 8.2 through 8.5, eff. 9-9-76-NAC A 11-1-95; R216-03, 6-1-2006; R217-03, 12-30-2011

NRS 623A.130