NAC281.315. Procedures for conduct of hearing on written appeal.

     1. The provisions of this section and NAC 284.774 to 284.806, inclusive, and 284.818 govern the procedure for conducting a hearing for a written appeal filed pursuant to NRS 281.641.

     2. A party may appear in person and may be represented by an attorney or another person of his or her choice, if the party chooses not to represent himself or herself.

     3. All testimony must be under oath administered by the hearing officer.

     4. The appeal must be heard in the following manner:

     (a) The opening statement for the state officer or employee.

     (b) The opening statement for the employer, unless reserved.

     (c) Presentation of the state officer’s or employee’s case, followed by cross-examination. The state officer or employee must establish that:

          (1) He or she was a state officer or employee on the date of the alleged reprisal or retaliatory action;

          (2) He or she disclosed information concerning improper governmental action; and

          (3) The alleged reprisal or retaliatory action was taken against the state officer or employee within 2 years after the date he or she disclosed the information concerning improper governmental action.

     (d) If the state officer or employee establishes the facts set forth in paragraph (c), presentation of the employer’s case, followed by cross-examination, to establish that the employer did not engage in the alleged reprisal or retaliatory action or that the action was taken for a legitimate business purpose and was not the result of the disclosure of information concerning improper governmental action by the state officer or employee.

     (e) If the employer establishes a legitimate business purpose for the alleged reprisal or retaliatory action, the state officer or employee may introduce evidence, followed by cross-examination, to demonstrate that the stated business purpose is a pretext for the reprisal or retaliatory action.

     (f) The parties may respectively offer rebutting testimony only, unless the hearing officer permits additional evidence upon the original cause.

     (g) The argument for the state officer or employee.

     (h) The argument for the employer.

     (i) The closing argument for the state officer or employee.

     (j) Submission of the appeal for a decision.

     (Added to NAC by Dep’t of Personnel, eff. 3-1-96)