NAC288.240. Motions.

     1. Any request for an order by the Board, except for an order to permit intervention, concerning any matter that has been assigned a case number and that has not been finally decided by the Board must be styled a “motion.”

     2. All motions made before or after a hearing must be filed in writing with the Board. Motions made at a hearing must be stated orally and must be included in the stenographic report of the hearing.

     3. A motion directed at a complaint or petition must be written and filed before the answer or response is due.

     4. Within 10 days after service of any motion, all parties wishing to respond to the points raised in the motion shall file their opposition to the motion. That opposition must be in writing, unless made during the hearing. Within 10 days after service of the opposition to the motion, the moving party may respond to the points raised in the opposition.

     5. An affidavit of service must be attached to the original opposition or response, indicating that the opposition or response has been served on the opposing party, unless the opposition or response is made during a hearing.

     6. If a party fails to file and serve his written opposition to a motion, that failure to respond may be construed as an admission that the motion is meritorious and as consent to granting the motion.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.03, eff. 11-12-71; A 1-10-73; No. 3.035, eff. 7-1-74]—(NAC A 9-30-88; R135-03, 10-30-2003)