NAC281A.460. Hearings: Conduct; action by Commission.

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

     (a) Ascertain whether all persons commanded to appear under subpoena 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 all persons whose testimony will be taken.

     (c) Exclude from the hearing all witnesses scheduled to testify except during the testimony of the witness. To preserve the integrity of the process and the evidence presented during a proceeding, the Chair or presiding officer may request all witnesses not to discuss the case with any person during the pendency of the proceeding.

     (d) Hear and rule on any procedural motions, approve any stipulations and address any administrative details.

     (e) Designate a member of the staff of the Commission to present the third-party request for an opinion, the response to the third-party request for an opinion by the subject and the determination of the investigatory panel concerning whether there is just and sufficient cause for the Commission to render an opinion in the matter.

     (f) Allow the subject to present opening comments.

     (g) Call and question any witnesses, present any evidence on behalf of the Commission concerning the third-party request for an opinion, and allow any member of the Commission to question such witnesses.

     2. The subject may remain present during the hearing.

     3. The subject may question any witnesses.

     4. Upon the conclusion of the presentation of any evidence and the examination of any witnesses on behalf of the Commission, the Chair or presiding officer shall request the subject to proceed with the introduction of evidence and calling of witnesses on his or her behalf.

     5. The subject, any witnesses or any counsel retained by the subject may be questioned by any member of the Commission at any time during the proceeding.

     6. Upon the conclusion of the presentation of evidence by the subject and the examination of any witnesses, the Chair or presiding officer shall allow the subject to present closing comments.

     7. Upon the conclusion of the closing comments by the subject, the Commission will deliberate the issues of fact presented at the hearing, make a determination of the findings of fact, apply the applicable law to the findings of fact and render an opinion concerning whether the subject has violated any of the provisions of chapter 281A of NRS.

     8. Upon a finding of a willful violation of any of the provisions of chapter 281A of NRS, the Commission may impose any civil penalties authorized pursuant to NRS 281A.480 and will impose any other statutory remedies required pursuant to NRS 281A.480.

     9. The Commission may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.

     (Added to NAC by Comm’n on Ethics by R186-05, eff. 5-4-2006; A by R084-08, 9-18-2008; R134-10, 10-26-2011)—(Substituted in revision for NAC 281.201)