NAC467.938. Introduction of affidavits; cross-examination of affiants.

Affidavits may be received in evidence at a hearing of the Commission in accordance with the following:

     1. A party that desires to introduce an affidavit at a hearing must, not later than 10 days before the date set for the hearing, serve upon the opposing party or counsel, personally or by registered or certified mail:

     (a) A copy of the affidavit which he or she proposes to introduce in evidence; and

     (b) A notice in the following form:

     The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the (here insert day) of (here insert month and year). (Here insert name of affiant) will not be called to testify orally, and you will not be entitled to question him or her unless you notify the undersigned that you wish to cross-examine him or her. To be effective, your request must be mailed or delivered to the undersigned not later than 7 days after the date that this notice and the enclosed affidavit are served upon you.

                                                                                       ...........................................................

                                                                                                      (Party or Counsel)

                                                                                       ...........................................................

                                                                                                             (Address)

     2. Any party that desires to cross-examine an affiant must, not later than 7 days after being served with a copy of the affidavit, mail or deliver to the proponent a request to cross-examine the affiant. If a party does not mail or deliver a request to cross-examine the affiant within 7 days, the party has waived the right to cross-examine the affiant, and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally.

     (Added to NAC by Athletic Comm’n by R083-00, eff. 9-22-2000)