NAC439.378. Hearings: Subpoena and examination of witnesses; admission of evidence; continuances; decision of hearing officer; record of proceedings.

     1. All requests for an appeal must be addressed to the Administrator of the Division.

     2. Except as otherwise provided in this subsection, hearings on appeals must be open to the public. Upon the motion of a party, the hearing officer, in his or her discretion, may exclude from the hearing room any witnesses in the matter not at the time under examination except a party or parties to the proceeding or his or her counsel.

     3. The hearing officer shall determine the evidence upon the charges and specifications as set forth by the Division in its letter of notice of violation describing the nature of the violation and the action taken or to be taken, or as contained in other appropriate documents, and must not consider any additional evidence beyond the scope of the charges.

     4. The technical rules of evidence do not apply. All testimony and exhibits offered must be relevant and bear upon the matter in contention. Any testimony or exhibits considered by the hearing officer as not meeting this criterion may properly be excluded. The hearing officer shall also consider the objection of either side to the introduction of evidence, whether oral testimony or exhibit. Competence and relevance are the primary test in ruling on such objections.

     5. The hearing officer shall base his or her decision on the weight of the evidence presented at the hearing. Findings of fact, conclusions of law and decisions must be based on substantial evidence.

     6. At the beginning of his or her testimony, each witness who has not previously testified in the hearing shall be required to state his or her name and business, employment or position.

     7. Any letter, paper or object offered in evidence must be properly authenticated and, if received, must be marked by the hearing reporter with a distinguishing number or letter, such as “Division’s Exhibit 1” or “Licensee’s Exhibit A.”

     8. Testimony may be presented in statement or question and answer form.

     9. Good cause appearing, hearings may be continued beyond the period originally scheduled or recessed until a future date agreeable to the hearing officer and the parties.

     10. Witnesses may be subpoenaed by either party to the hearing and shall receive the fees and mileage allowed a witness in a civil case.

     11. A record of the proceedings must be kept but need not be transcribed unless the decision is appealed or a transcript is requested by an interested party, who shall bear the cost of transcription.

     [Bd. of Health, Appellate Practice Rule § 2, eff. 4-1-74]—(NAC A by R037-97, 10-30-97)—(Substituted in revision for NAC 439.430)