NAC354.920. Admission of evidence; depositions; affidavits.

     1. In conducting a hearing, the Committee or hearing officer is not bound by technical rules of evidence. Any relevant evidence may be admitted, except where precluded by law, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs, even though the evidence might be subject to objection in civil actions.

     2. Oral evidence may be taken only upon oath or affirmation administered by the hearing officer, the Director, a deputy attorney general or a member of the Committee. Before taking the witness stand, each person must swear or affirm that the testimony the person is about to give will be the truth, the whole truth and nothing but the truth.

     3. Hearsay evidence, as that term is used in civil actions, may be admitted for the purpose of supplementing or explaining other evidence, but it is not sufficient to support findings of fact unless it would be admissible over objection in civil actions.

     4. The rules of privilege must be applied as they are applied in civil actions.

     5. Irrelevant, cumulative and unduly repetitious evidence is not admissible, nor is incompetent evidence, as that term is used in civil actions, with the exception of hearsay evidence as provided in subsection 3.

     6. The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted, even though the evidence would otherwise be subject to objection.

     7. The Committee, the hearing officer or any party to a proceeding may cause the depositions of witnesses to be taken in such a manner as the Committee or hearing officer may prescribe which is consistent with the rules of the court for depositions in civil actions in the district courts.

     8. The affidavit of any person may be admitted in evidence if all the parties stipulate and consent to its admission.

     (Added to NAC by Com. on Local Gov’t Finance by R042-09, eff. 6-30-2010)