NAC616B.7783. Hearing: Continuance; service of notice; prehearing statement.

     1. If an association timely requests a hearing before the Board pursuant to NAC 616B.7779 or 616B.7781:

     (a) The Board will conduct a hearing not later than 35 days after the date that the request for a hearing is served by the association, unless the Chair of the Board grants a continuance upon his or her own motion or, for good cause shown, upon the request of the Administrator or the association. To request a continuance, the Administrator or the association must serve the request, in writing, to the legal counsel of the Board and the other party not later than 5 days before the date of the hearing.

     (b) The Chair of the Board shall serve notice of the date, location and time of the hearing to the Administrator and the association as soon as practicable, but not later than 10 days before the date of the hearing.

     (c) Not later than 5 days before the date of the hearing, the association shall:

          (1) Serve to the Administrator two copies of the prehearing statement described in subsection 2; and

          (2) Serve to the legal counsel of the Board six copies of the prehearing statement described in subsection 2. The copies of the prehearing statement served to the legal counsel of the Board must be redacted to remove any information that may identify the injured employee who is the subject of the claim. The redacted information must include, without limitation, the name, address, date of birth and social security number of the injured employee.

     2. The association shall include in its prehearing statement:

     (a) A statement of the issues of fact and law upon which the association bases its argument;

     (b) A copy of each document which was served to or obtained by the Administrator pursuant to NAC 616B.7773 and 616B.7775 and which the association intends to introduce at the hearing;

     (c) A list of each witness, if any, whom the association intends to call at the hearing and a brief summary of the proposed testimony of each such witness;

     (d) An estimate of the time that the association will need to present its evidence, testimony, argument and rebuttal at the hearing; and

     (e) If the association requires a court reporter to be present at the hearing, a request that the Board provide a court reporter for the hearing and a statement attesting that the association will pay all costs related to the services of the court reporter and all costs that are necessary to provide the Board with a copy of the transcript of the hearing.

     (Added to NAC by Bd. for Admin. of Subsequent Injury Fund for Ass’ns of Self-Insured Pub. or Private Employers by R215-97, eff. 8-19-99)