NAC341.161. Appeal of decision by Deputy Administrator for Compliance and Code Enforcement acting as building official: Board of appeals; procedure.

     1. The Chair shall appoint at least one person to serve as an expert in each of the following fields:

     (a) Architecture;

     (b) Construction;

     (c) Engineering; and

     (d) Issues relating to the accommodation of persons with disabilities in public facilities,

Ê to serve as a potential member of a board of appeals pursuant to this section and the provisions relating to appeals as set forth in the edition of the International Building Code which is adopted by reference pursuant to NAC 341.045. The term of a person appointed to serve as an expert pursuant to this subsection is 2 years. The Chair may reappoint such a person at his or her discretion.

     2. A person who is aggrieved by a decision made by the Deputy Administrator for Compliance and Code Enforcement acting in his or her capacity as the building official pursuant to subsection 9 of NRS 341.100 may, within 30 days after the Deputy Administrator for Compliance and Code Enforcement issues the decision in writing, file a written request for an appeal of that decision with the Deputy Administrator for Compliance and Code Enforcement.

     3. Upon receipt of a request for an appeal pursuant to subsection 2, the Deputy Administrator for Compliance and Code Enforcement shall immediately forward the request to the Chair. The Chair shall appoint a board of appeals to hear the appeal.

     4. A board of appeals appointed pursuant to subsection 3 must consist of:

     (a) One member who is an expert in the field of architecture appointed pursuant to subsection 1;

     (b) One member who is an expert in the field of construction appointed pursuant to subsection 1;

     (c) One member who is an expert in the field of engineering appointed pursuant to subsection 1;

     (d) One member who is a member of the general public and who is not licensed or registered as an architect, contractor or engineer and who is not employed in the design or contracting industry; and

     (e) If, in the opinion of the Chair, the appeal:

          (1) Concerns any issues relating to the accommodation of persons with disabilities, one member who is an expert in issues concerning the accommodation of persons with disabilities in public facilities appointed pursuant to subsection 1; or

          (2) Does not concern any issues relating to the accommodation of persons with disabilities, one additional member who is an expert in the field of architecture, construction or engineering.

     5. Any person appointed to a board of appeals pursuant to this section must not be an employee of the State of Nevada.

     6. The Chair shall appoint a member of a board of appeals appointed pursuant to this section to act as chair of the board of appeals.

     7. A board of appeals appointed pursuant to this section shall:

     (a) Conduct a hearing within 30 days after the notice of appeal is received by the Deputy Administrator for Compliance and Code Enforcement; and

     (b) Provide notice of the time and place of the hearing to the person who requested the appeal.

     8. The chair of a board of appeals appointed pursuant to subsection 6 may:

     (a) Compel the parties to the appeal to enter into negotiations for a settlement;

     (b) Mediate between the parties to the appeal; and

     (c) Order the parties to the appeal to provide discovery.

     9. Each party to the appeal shall, within 5 business days before the hearing, provide to the board of appeals and each opposing party a prehearing statement. The statement must:

     (a) Set forth the facts and legal issues concerning the case.

     (b) Include a list of any witnesses the party intends to call during the hearing. The list must include the name, address and telephone number of each witness, if known, and a brief statement concerning the proposed testimony of the witness.

     (c) Except as otherwise provided in this paragraph, include a copy of any documents intended to be introduced into evidence at the hearing. The statement provided to the board of appeals must include five copies of the documents.

     10. Upon commencement of the hearing by the board of appeals, the person who requested the appeal must be the first to present evidence. The person who requested the appeal has the burden to prove his or her case by substantial evidence.

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

     12. If a party fails to appear at a hearing conducted pursuant to this section and was not granted a continuance or did not enter into a stipulation for a continuance, the board of appeals may hear evidence from those parties present at the hearing and may make a decision based upon the available record.

     13. A board of appeals shall, by majority vote, determine whether evidence is admissible during a hearing conducted pursuant to this section.

     14. A board of appeals shall conclude the hearing of an appeal pursuant to this section after it hears evidence and oral arguments.

     15. A board of appeals shall issue its decision concerning a hearing conducted pursuant to this section at a public meeting. The board of appeals shall send, by certified mail, its written decision to the parties to the appeal within 20 days after the conclusion of the meeting.

     (Added to NAC by Pub. Works Bd. by R096-04, eff. 12-15-2004; A by R188-07, 4-17-2008; R106-11, 5-30-2012)