Nev. Admin. Code § 288.Sec. 6 - NEW

Current through March 28, 2022

1. 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:
(a) Comply with any requirements for a hearing prescribed in NAC 288.273 to 288.350, inclusive;
(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.
3. 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 subsection 2.
4. The 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.

Notes

Nev. Admin. Code § 288.Sec. 6
Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. by R056-19A, eff. 12/18/2019
NRS 233B.040, 288.110

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