NAC240.510. Hearings: Preliminary procedure; evidence.

     1. The Secretary of State will call the proceeding to order and proceed to take the appearances of the parties. The parties may then make opening statements if they desire.

     2. All testimony to be considered by the Secretary of State in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall swear or affirm that the testimony he or she is about to give in hearing before the Secretary of State is the truth, the whole truth and nothing but the truth.

     3. Evidence will ordinarily be received in the following order:

     (a) Secretary of State’s staff.

     (b) The notary public for whom the hearing is being held.

     (c) Rebuttal by the Secretary of State’s staff.

Ê This procedure may be modified by the Secretary of State. Closing statements by the parties may be allowed by the Secretary of State.

     4. With the approval of the Secretary of State, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statement shown upon the record. Any such stipulation is binding upon all parties to the stipulation, and it may be treated as evidence at the hearing. The Secretary of State may require proof by evidence of the facts stipulated to, notwithstanding the stipulation of the parties.

     5. In conducting any investigation, inquiry or hearing, neither the Secretary of State nor any officer or employee of the Office, are bound by the technical rules of evidence and no informality in any proceeding or in the manner of taking testimony may invalidate any order, decision or regulation made, approved or confirmed by the Secretary of State. Rules of evidence before the courts of Nevada may be generally followed but may be relaxed in the discretion of the Secretary of State if deviation from the technical rules of evidence will aid in ascertaining the facts. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Secretary of State. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings are unnecessary and need not be taken.

     6. The Secretary of State may take official notice of judicially cognizable facts and of recognized technical facts within the Secretary of State’s specialized knowledge, including the following matters:

     (a) Rules, regulations, official reports, decisions, and orders of the Secretary of State and any regulatory agency of the State of Nevada.

     (b) Contents of decisions, orders, standards, or records of the Secretary of State.

     (c) Matters of common knowledge and technical facts of established character.

     (d) Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference.

     [Sec’y of State, Practice Reg. 6 §§ 6.3, 6.5-6.8 & 6.12, eff. 6-23-76]—(Substituted in revision for NAC 240.120)