NAC439.850. Conducting hearing by telephone.

     1. The hearing officer may conduct the hearing over the telephone if he or she determines it is in the best interest of each party to the hearing to do so.

     2. A hearing that is conducted over the telephone must be conducted at the office of a state agency or another location approved by the hearing officer in advance of the hearing, at which a representative of the Department will:

     (a) Be available to answer the telephone call the hearing officer places to begin the hearing;

     (b) Administer the oath required pursuant to NAC 439.846 to the applicant or enrollee; and

     (c) Receive any additional evidence that the applicant or enrollee wishes to submit and transmit it to the hearing officer by facsimile machine.

     3. As used in this section, “facsimile machine” means a device that sends or receives a reproduction or facsimile of a document or photograph which is transmitted electronically or telephonically by telecommunications lines.

     (Added to NAC by Dep’t of Human Resources by R069-00, eff. 3-2-2001; A by R143-01, 12-17-2001)