NAC338.600. Appeal of determination that subcontractor not qualified to submit proposal; hearing.

     1. Within 10 days after receipt of notice that he or she has been determined by a construction manager at risk to be not qualified to submit a proposal, the subcontractor may appeal the determination by filing a request for a hearing with the public body with whom the construction manager at risk has entered into a contract for the construction of the public work. The request must set forth the basis for the appeal. The subcontractor may, at the time he or she files the request, submit copies of any documents that support the appeal. The subcontractor must provide a copy of the request for a hearing and any supporting documents to the construction manager at risk.

     2. For each such appeal, the public body shall, in accordance with NRS 338.1381:

     (a) Set the matter for a hearing;

     (b) Provide notice of the hearing; and

     (c) Hold the hearing at a time and place prescribed by the public body.

     3. The public body shall call a hearing to order and act upon any preliminary matters. Unless modified by the public body, the evidence will be presented first by the subcontractor and then by the construction manager at risk, or a representative thereof. The public body may allow the presentation of additional testimony and evidence from other interested parties.

     4. An appeal will be considered submitted for decision after the taking of evidence and oral argument.

     5. In conducting the hearing, the public body is not bound by any technical rules of evidence.

     6. If a party fails to appear at a hearing and did not request in writing or was not granted a continuance in writing, the public body may hear evidence from those persons present at the hearing and make a decision based on the available record.

     7. At any time after a request for a hearing is filed by a subcontractor, any party to the matter may request that the public body issue a subpoena to compel the attendance of witnesses to testify before the public body or for the production of related books, papers and documents.

     8. The public body must issue its decision on the matter during the hearing.

     (Added to NAC by Pub. Works Bd. by R099-11, eff. 5-30-2012)