NAC427A.786. Procedure upon review.

     1. At the beginning of the administrative review, the review team shall:

     (a) Introduce each member of the review team;

     (b) Announce the date and time;

     (c) State the name of the person requesting the administrative review;

     (d) State the reason for the administrative review;

     (e) Cause each person present to introduce himself or herself and to state the person’s purpose in attending the administrative review; and

     (f) Advise those present that the administrative review is being recorded by an audiotape recorder.

     2. The representative of the Division shall state the basis of the contested action taken by the Division. If the member of the staff of the Division who made the decision that is the subject of the contested action of the Division is not present, the report prepared by that member of the staff pursuant to paragraph (b) of subsection 2 of NAC 427A.781 must be read into the record.

     3. The review team shall allow the applicant for financial assistance or recipient or his or her designated representative to make a statement concerning the grievance and to present supporting evidence.

     4. The review team shall collect, number and log all relevant evidence.

     5. The review team, the applicant or recipient or his or her designated representative or the representative of the Division may request that evidence which is not available at the administrative review be submitted. If such a request is made, the review team may:

     (a) Continue the administrative review and order further investigation or request a party to produce the additional evidence; or

     (b) Close the administrative review but hold the record open to permit submission of any additional evidence.

Ê If additional evidence is submitted, the review team shall provide each party with the opportunity to examine that evidence.

     6. If the review team determines after the administrative review is closed that the record is unclear or insufficient to make a decision, the review team may contact the applicant or recipient or his or her designated representative or the representative of the Division for clarification or additional information. Any material submitted after the close of the review must be made available to all participants in the administrative review and each shall have the opportunity for rebuttal. The review team may reopen the administrative review if the nature of the additional information or the rebuttal thereof makes further consideration necessary.

     7. Before closing the review, the review team shall advise those present that:

     (a) The review team will base its decision on the case record and the testimony and evidence presented at the administrative review;

     (b) The review team will render a decision within 15 days after the date of the administrative review;

     (c) The review team will inform the applicant or recipient or his or her designated representative by mail of the decision; and

     (d) The applicant or recipient or his or her designated representative may appeal the decision of the review team to the Administrator.

     (Added to NAC by Aging & Disability Services Div. by R016-12, eff. 9-14-2012)