NAC616B.7785. Hearing: Requirements; preparation of written decision; objections.

     1. The Board will conduct a hearing that is requested pursuant to NAC 616B.7779 or 616B.7781 fairly and impartially to ensure that the facts are elicited fully, all issues are adjudicated and any unnecessary delay is avoided.

     2. To the extent consistent with the provisions of NAC 616B.777 to 616B.779, inclusive, the Board will conduct the hearing pursuant to the provisions of chapter 233B of NRS that relate to contested cases and, if practicable, the Board will apply the rules of procedure and evidence that apply to the district courts of this State.

     3. Any objection to the conduct of the hearing, including, without limitation, an objection to the introduction of evidence, must be addressed to the Chair of the Board who, in consultation with the other members of the Board and the legal counsel of the Board, will rule upon the objection. If any evidence is excluded from the record, the party who is offering the evidence may make an offer of proof to the Chair of the Board. Such an offer of proof must be included in the record.

     4. The Board will direct that an audio recording of the hearing be made, unless the association requested in its prehearing statement that the Board provide a court reporter for the hearing. If the Board provides a court reporter for the hearing upon the request of the association, the association shall 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.

     5. After the hearing, the Board will:

     (a) If the association is contesting the recommendation of the Administrator pursuant to NAC 616B.7779, approve or disapprove, in whole or in part, the recommendation of the Administrator; or

     (b) If the association is seeking reconsideration of a previous decision pursuant to NAC 616B.7781, affirm or amend, in whole or in part, the previous decision.

     6. The Board will direct the legal counsel of the Board to prepare a written decision for the Board that includes findings of fact and conclusions of law for the decision. The Chair of the Board will sign the decision of the Board. The Board will serve its decision to the association by personal service or certified mail, return receipt requested.

     7. Not later than 10 days after the date that the decision of the Board is served to the association, the association may serve to the legal counsel of the Board written objections to the decision of the Board. Any such written objections that are timely served to the legal counsel of the Board must be included in the record.

     (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)