Nev. Admin. Code § 645F.885 - Hearings: Procedure

1. The hearing officer shall:
(a) Ascertain whether all persons ordered to appear under subpoena are present and whether all documents, books, records and other evidence under subpoena are present in the hearing room.
(b) Administer the oath to all persons whose testimony will be taken as follows:

Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

(c) Ascertain whether either party desires to have a witness excluded from the hearing room until the witness is called. A witness may be excluded upon the motion of the hearing officer or upon the motion of either party. If a witness is excluded, the witness will be instructed not to discuss the case during the pendency of the proceeding. The respondent will be allowed to remain present at the hearing. The Commissioner may designate a person who is a member of the staff of the Division and who may also be a witness to act as its representative. Such a representative will be allowed to remain present at the hearing.
(d) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.
(e) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.
(f) Request the Division to proceed with the presentation of its case.
2. Parties may waive opening and closing statements.
3. The respondent may cross-examine witnesses in the order that the Division presents them.
4. Witnesses or counsel may be questioned by the hearing officer at any time during the proceeding.
5. Evidence which will be introduced or which is used by a witness:
(a) Must first be marked for identification; and
(b) May be received by the hearing officer at any point during the proceeding.
6. When the Division has completed its presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on the respondent's behalf.
7. The Division may cross-examine witnesses in the order that the respondent presents them.
8. When the respondent has completed his or her presentation, the Division may call any rebuttal witnesses.
9. When all testimony for the Division and respondent has been given and all evidence has been submitted, the hearing officer may request the Division and the respondent to summarize their presentations.
10. The hearing officer may, in his or her discretion, waive or modify any provision of this section if necessary to expedite or ensure the fairness of the hearing.

Notes

Nev. Admin. Code § 645F.885
Added to NAC by Comm'r of Mortgage Lending by R052-09, eff. 8-25-2009

NRS 645F.255, 645F.390

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