NAC119A.175. Rehearing: Procedure.

The following procedures will be used for a rehearing in a case where a ruling or decision of the hearing officer is against the sales agent:

     1. The sales agent may within 10 days after receiving the decision, petition the hearing officer for a rehearing.

     2. The petition must state with particularity the points of law which in the opinion of the sales agent the hearing officer has overlooked or misconstrued and must contain every argument in support of the application that the sales agent desires to present.

     3. Oral argument in support of the petition is not permitted.

     4. The Administrator may file and serve an answer to a petition for a rehearing within 10 days after receiving service of the petition.

     5. A rehearing may be granted by the hearing officer for any of the following causes or grounds:

     (a) An irregularity in the proceedings in the original hearing;

     (b) Newly discovered evidence of a material nature which the applicant could not with reasonable diligence have discovered and produced at the original hearing; or

     (c) An error in the application of the law which occurred at the hearing and was objected to by the sales agent during the earlier hearing.

     6. A petition for a rehearing may not exceed 10 pages of standard printing.

     7. The filing of a petition for rehearing, or the decision therefrom, does not toll the running of the 30-day period of appeal to the district court from the date of the decision of the hearing officer.

     (Added to NAC by Real Estate Div., eff. 12-3-84)