NAC338.400. Appeal of disqualification; hearings on appeals.

     1. Within 10 days after receipt of notice that he or she has been disqualified by the committee from participating on a public work pursuant to NAC 338.390, a subcontractor may appeal the determination by filing a request for a hearing with the Board. The request must set forth the basis for the appeal. The subcontractor may, at the time the subcontractor files the request, submit copies of any documents that support his or her appeal.

     2. The Board shall appoint a board of appeals consisting of three of its members to conduct hearings on appeals filed pursuant to NAC 338.300 to 338.410, inclusive, and shall designate one of the members of the board of appeals to serve as chair.

     3. For each such appeal, the board of appeals shall, in accordance with NRS 338.1381:

     (a) Set the matter for a hearing;

     (b) Provide notice of the hearing; and

     (c) Hold the hearing at a time and place prescribed by the board of appeals.

     4. The board of appeals shall call a hearing to order and act upon any preliminary matters. Unless modified by the board of appeals, the evidence will be presented first by the subcontractor and then by the committee, or a representative thereof. The board of appeals may allow the presentation of additional testimony and evidence from other interested parties.

     5. An appeal will be considered submitted for decision after the taking of evidence and oral argument.

     6. In conducting the hearing, the board of appeals is not bound by any technical rules of evidence.

     7. If a party fails to appear at a hearing and did not request in writing or was not granted a continuance in writing, the board of appeals may hear evidence from those persons present at the hearing and make a decision based on the available record.

     8. At any time after a request for a hearing is filed by a subcontractor, any party to the matter may request that the chair of the board of appeals issue a subpoena to compel the attendance of witnesses to testify before the board or for the production of related books, papers and documents.

     9. The board of appeals is not bound by the recommendation of the committee formed pursuant to NAC 338.390 or any technical scoring conducted by the committee and may, when rendering its decision, take into consideration such facts and circumstances as may be in the best interests of this State.

     (Added to NAC by Pub. Works Bd. by R095-04, eff. 12-15-2004)