NAC427A.170. Hearings: Failure to appear.  


Latest version.
  •      1. If the complainant or the respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the hearing officer may hear the evidence of witnesses who have appeared and may proceed to consider the matter and dispose of it on the basis of the evidence before the hearing officer.

         2. Any person who fails to appear for a scheduled hearing or to request a continuance because of accident, sickness or other reasonable cause may, within 15 days after the failure, apply to the hearing officer to reopen the proceedings.

         3. The hearing officer, upon finding the cause sufficient and reasonable, will immediately fix a time and place for the rescheduled hearing and give notice thereof.

         4. At the time and place fixed, a hearing must be held at which the person may testify in the person’s own behalf or present other evidence beneficial to his or her cause.

         5. Witnesses who have previously testified are not required to appear at a second hearing on the same matter unless so directed by the hearing officer.

     (Added to NAC by Aging Services Div., eff. 6-19-90; A by R163-06, 9-18-2007)