NAC427A.482. Procedure upon review.

     1. At the beginning of the administrative review, the reviewing officer shall:

     (a) Introduce himself or herself;

     (b) Announce the date and time;

     (c) State the name of the person requesting the administrative review;

     (d) State the reason for the administrative review;

     (e) Cause each person present to introduce himself or herself and to state the person’s purpose in attending the administrative review; and

     (f) Advise those present that the administrative review is being recorded by an audiotape recorder.

     2. The representative of the Division shall state the basis of the contested action taken by the Division. If the case manager is not present, the report prepared by the case manager pursuant to subsection 2 of NAC 427A.472 must be read into the record.

     3. The reviewing officer shall allow the applicant or recipient or his or her designated representative to make a statement concerning the grievance and to present supporting evidence.

     4. The reviewing officer shall collect, number and log all relevant evidence.

     5. The reviewing officer, the applicant or recipient or his or her designated representative or the representative of the Division may request that evidence which is not available at the administrative review be submitted. If such a request is made, the reviewing officer may:

     (a) Continue the administrative review and order further investigation or request a party to produce the additional evidence; or

     (b) Close the administrative review but hold the record open to permit submission of any additional evidence.

Ê If additional evidence is submitted, the reviewing officer shall provide each party with the opportunity to examine that evidence.

     6. If the reviewing officer determines after the administrative review is closed that the record is unclear or insufficient to make a decision, the reviewing officer may contact the applicant or recipient or his or her designated representative or the representative of the Division for clarification or additional information. Any material submitted after the close of the review must be made available to all participants in the administrative review and each shall have the opportunity for rebuttal. The reviewing officer may reopen the administrative review if the nature of the additional information or the rebuttal thereof makes further consideration necessary.

     7. Before closing the review, the reviewing officer shall advise those present that:

     (a) The reviewing officer will base his or her decision on the case record and the testimony and evidence presented at the administrative review;

     (b) The reviewing officer will render a decision within 15 days after the date of the administrative review;

     (c) The reviewing officer will inform the applicant or recipient or his or her designated representative by mail of the decision; and

     (d) The applicant or recipient or his or her designated representative may appeal the decision of the reviewing officer to the Administrator of the Division.

     (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)