A hearing officer appointed by the Board
pursuant to section 28 of Senate Bill No. 135, chapter 590, Statutes of Nevada
2019, at page 3734 (NRS 288.630 ), to conduct a hearing that the Board is
otherwise required to conduct pursuant to section 27 of Senate Bill No. 135,
chapter 590, Statutes of Nevada 2019, at page 3733 (NRS 288.625 ), shall:
Comply with any requirements for a
hearing prescribed in NAC
(b) Ensure that the administrative record of
the hearing is complete and forward the record to the Board as soon as
practicable after the close of the hearing;
(c) As soon as practicable upon the close of
the hearing, propose a recommended decision or order to the Board in writing,
which must include, without limitation, any findings of fact or conclusions of
law reached by the hearing officer; and
(d) Serve a copy of the recommended decision
or order upon each party.
2. Either party may, within 14 days after
service of the recommended decision or order pursuant to subsection 1, file a
written objection to the recommendation with the Board.
Before deliberating, each member of the
Board will state on the record that he or she has read:
(a) The administrative record of the hearing
forwarded to the Board pursuant to paragraph (b) of subsection 1;
(b) The recommended decision of a hearing
officer proposed pursuant to paragraph (c) of subsection 1; and
(c) Any objection filed pursuant to
Board will consider the administrative record, the recommended decision of a
hearing officer and any objection before rendering a final decision.
5. The Board will not substitute its judgment
for that of the hearing officer as to the weight of evidence on a question of
fact. The Board may substitute its judgment for that of the hearing officer as
to any other matter.