NAC501.185. Procedure; burden of proof.

     1. The Commission will use the following procedure, in the order set forth in paragraphs (a) to (i), inclusive, for a hearing regarding a revocation or suspension of a license or permit ordered pursuant to the provisions of NRS 501.1812 to 501.1818, inclusive, and any regulations adopted pursuant to those sections:

     (a) The hearing will be called to order by the Chair of the Commission.

     (b) The request for a hearing and notice of hearing will be entered into the record.

     (c) The Commission may, on its own motion or that of a party, exclude witnesses from the hearing.

     (d) The Commission will consider any:

          (1) Preliminary motions;

          (2) Stipulations; and

          (3) Proposed orders that the Department and the appellant have agreed to pursuant to a settlement.

     (e) The Department will present its evidence and then be cross-examined by the appellant and questioned by the Commission.

     (f) The appellant will present its evidence and then be cross-examined by the Department and questioned by the Commission.

     (g) The Department and appellant will present any rebuttal evidence and then be cross-examined by the other party and questioned by the Commission on issues limited to the rebuttal evidence.

     (h) Closing arguments will be presented by the Department and then by the appellant.

     (i) The Commission will deliberate and then render orally its order with separately stated findings of fact and conclusions of law.

Ê The Department has the burden of proof in a hearing regarding a revocation or suspension of a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters.

     2. The Commission will use the following procedure, in the order set forth in paragraphs (a) to (e), inclusive, for a hearing regarding a denial of an appellant’s application for a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulation adopted pursuant to those chapters:

     (a) The appellant will present its evidence and then be cross-examined by the Department and questioned by the Commission.

     (b) The Department will present its evidence and then be cross-examined by the appellant and questioned by the Commission.

     (c) The Department and the appellant will present any rebuttal evidence and then be cross-examined by the other party and questioned by the Commission on issues limited to the rebuttal evidence.

     (d) Closing arguments will be presented by the appellant and then by the Department.

     (e) The Commission will deliberate and then render orally its order with separately stated findings of fact and conclusions of law.

Ê The appellant has the burden of proof in a hearing specified in this subsection.

     3. The Commission may deviate from the order of procedure set forth in subsections 1 and 2 and allow or limit questioning to elicit all relevant, nonrepetitive testimony and evidence.

     (Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)