NAC281A.365. Conduct of hearings; action by Commission; effect of opinion; confidentiality.

     1. The Chair or presiding officer of a hearing concerning a first-party request for an opinion shall:

     (a) Ascertain whether the subject of the first-party request for an opinion and all persons requested by the subject to testify are present and whether all documents, books, records and other evidence under subpoena are present in the hearing room before the hearing begins.

     (b) Ensure that an oath is administered, in accordance with NAC 281A.280, to the subject of the first-party request for an opinion and all persons whose testimony will be taken.

     2. The subject of the first-party request for an opinion must be present at the hearing.

     3. The Chair or presiding officer shall allow the subject of the first-party request for an opinion to:

     (a) Present opening comments;

     (b) Present any evidence on his or her own behalf; and

     (c) Examine any witnesses on his or her own behalf.

     4. The subject of the first-party request for an opinion, any witnesses or any counsel retained by the subject may be questioned by any member of the Commission at any time during the proceeding.

     5. Upon the conclusion of the presentation of evidence by the subject of the first-party request for an opinion and the examination of any witnesses, the Chair or presiding officer shall allow the subject to present closing comments.

     6. Upon the conclusion of the closing comments by the subject of the first-party request for an opinion, the Commission will:

     (a) Deliberate the issues of fact presented at the hearing, make a final determination of the findings of fact and apply the applicable law to the findings of fact;

     (b) Render an opinion on the matter; and

     (c) Submit a copy of the opinion to the subject.

     7. The opinion rendered by the Commission shall be binding upon the subject of the first-party request for an opinion as to his or her future conduct pursuant to subsection 1 of NRS 281A.440.

     8. The Commission may waive any provision of this section if the Commission determines that such a waiver is necessary to expedite the hearing or is in the interest of justice.

     9. The first-party request for an opinion and the information presented during the proceedings set forth in this section must be kept confidential, unless the subject of the opinion acts in a manner set forth in subsection 7 of NRS 281A.440 to waive the confidentiality of such information.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006; A by R134-10, 10-26-2011)—(Substituted in revision for NAC 281.1175)