Nevada Administrative Code (Last Updated: January 6, 2015) |
Chapter455 Excavations and Demolitions |
ADMINISTRATIVE PROCEEDINGS AND PRACTICE |
Hearings |
NAC455.365. Order of proceedings; rebuttal evidence; questioning of witnesses by certain persons to clarify testimony.
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1. Complainants may present their evidence first at a hearing. Then the respondents may present their evidence. The Commission will or the presiding officer shall designate the stage of the hearing in which a member of the staff may be heard, if the staff is not the complainant. To the extent practicable, an intervener shall follow the party with respect to whom intervention is made, unless the Commission or presiding officer determines otherwise. If the intervention is not in support of the complainant or respondent, the Commission will or presiding officer shall designate the stage of the hearing at which an intervener may be heard. Evidence must be received in the following order unless the Commission or presiding officer determines that a special circumstance requires a different order:
(a) Complainant;
(b) Respondent;
(c) Staff, if the staff is not the complainant; and
(d) Rebuttal by complainant.
2. The Commission or presiding officer may allow rebuttal evidence from the respondent if good cause is shown.
3. Any Commissioner, presiding officer, administrative attorney, policy advisor or legal counsel for the Commission may question a witness at any time in order to clarify any testimony provided by the witness.
4. If there is more than one complainant, the witnesses of all complainants may present direct testimony on an issue before any of these witnesses may be cross-examined on that issue, unless otherwise ordered by the Commission or presiding officer.
5. If two or more matters are set for hearing at the same time and place, the matter having the lowest docket number will be heard first, unless the Commission or presiding officer directs a different order for the convenience of the parties.
(Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013)