NAC439.375. Hearings: Preliminary procedure; order of proceedings.

     1. The hearing officer shall call the hearing to order, state the appearances of the parties and their respective counsel and act upon any pending motions, stipulations and preliminary matters.

     2. All testimony must be under oath administered by the hearing officer. Unless otherwise indicated by the hearing officer, the hearing must proceed in the following manner:

     (a) Opening statement for Division;

     (b) Opening statement for appellant;

     (c) Presentation of Division’s case, followed by cross-examination;

     (d) Responsible presentation by appellant, followed by cross-examination;

     (e) Rebuttal testimony for Division;

     (f) Rebuttal testimony for appellant;

     (g) Surrebuttal testimony for Division;

     (h) Closing argument for Division;

     (i) Closing argument for appellant;

     (j) Rebuttal closing argument for Division; and

     (k) Submission of case to the hearing officer.

     3. At the conclusion of the hearing, the hearing officer shall take the case under submission and shall notify the parties in writing of his or her findings of fact, conclusions of law and decision in the matter.

     [Bd. of Health, Appellate Practice Rule § 3, eff. 4-1-74]—(NAC A by R037-97, 10-30-97)—(Substituted in revision for NAC 439.440)