NAC116.555. Informality of proceedings; rules of evidence.

     1. In conducting any investigation, inquiry or hearing, the Commission and its members, each hearing panel and its members, and the employees of the Division are not bound by the technical rules of evidence, and any informality in a proceeding or in the manner of taking testimony does not invalidate any order, decision, rule or regulation made, approved or confirmed by the Commission or a hearing panel. The rules of evidence of courts of this State will be followed generally but may be relaxed at the discretion of the Commission or a hearing panel if deviation from the technical rules of evidence will aid in determining the facts.

     2. Any evidence offered at a hearing must be material and relevant to the issues of the hearing.

     3. The Commission or a hearing panel may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that presentation of that evidence be discontinued.

     4. A party who objects to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered. The party who offers the evidence may present a rebuttal argument to the objection.

     5. If an objection is made to the admissibility of evidence, the Commission or a hearing panel may:

     (a) Note the objection and admit the evidence;

     (b) Sustain the objection and refuse to admit the evidence; or

     (c) Receive the evidence subject to a subsequent ruling by the Commission or a hearing panel.

     (Added to NAC by Comm’n for Common-Interest Communities by R129-04, eff. 4-14-2005)