NAC445B.8914. Identification of witnesses; identification, exchange and admissibility of exhibits; admissibility and relevancy of evidence.

     1. Except as otherwise provided by an order of the Commission, each party to a hearing before the Commission shall, not later than 5 days before the hearing, provide to every other party:

     (a) Notice of the identity of each person who intends to offer direct oral testimony at the hearing; and

     (b) A copy of each exhibit which the party intends to offer as evidence in support of the party’s position.

     2. The Commission will not require any party to provide notice of the identity of any person who intends to offer rebuttal testimony at a hearing before the Commission.

     3. If a party fails to provide:

     (a) Notice of the identity of a witness pursuant to paragraph (a) of subsection 1 and such failure results in prejudice to an opposing party, the Commission may:

          (1) Refuse to allow the witness to testify; or

          (2) Disregard any portion of the testimony of the witness.

     (b) A copy of an exhibit pursuant to paragraph (b) of subsection 1 and such failure results in prejudice to an opposing party, the Commission may:

          (1) Refuse to admit the exhibit into evidence; or

          (2) Disregard the exhibit.

     4. The Commission will not admit into evidence at a hearing any exhibit offered as evidence until each party at the hearing is provided the opportunity to examine the exhibit.

     5. The Commission will not, at a hearing to affirm, modify or reverse an action of the Director pursuant to NRS 444.570, 445A.605 or 445B.360, consider evidence which was not submitted to the Department before the issuance of the decision or order which is the subject of the appeal unless:

     (a) The Department allowed a period for public comment before the Director took the action; and

     (b) The Commission determines that reasonable cause exists for the failure of a party to submit the evidence.

     6. The Commission may, if the basis of an appeal is an alleged irregularity in procedure by the Department which is not reflected in the record, consider evidence concerning the alleged irregularity in procedure.

     7. The Commission will not consider any evidence, including, without limitation, the testimony of a witness, which:

     (a) Does not have the tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence; and

     (b) Is not directly related to the subject matter of the proceeding.

     (Added to NAC by Environmental Comm’n by R135-11, eff. 5-30-2012)