NAC522.620. Conduct of hearings.

     1. Hearings before the division will be conducted informally. A record of testimony will be taken and preserved as a part of the permanent records of the division.

     2. The division may require any protest to be reduced to writing and filed with the division.

     3. Before evidence is received:

     (a) The administrator will make a statement of matters officially noticed.

     (b) The parties and the division may offer preliminary materials, including pleadings necessary to present the issues to be heard, motions, rulings, notices, proof of publication and orders of the division previously entered in the proceeding.

     (c) The administrator will rule on any pending motion.

     (d) The administrator will receive any stipulation of fact or stipulated exhibit.

     (e) The administrator will dispose of any preliminary matters appropriate for disposition.

     (f) The administrator will accept statements of appearances.

     4. A witness may be examined and cross-examined by not more than one representative of each party. The administrator will designate the order of examination.

     5. Before closing the hearing and upon the request of a party, the administrator may permit presentation of briefs. The order of presenting briefs and the time by which they must be filed must be determined by the administrator after he consults with the parties.

     6. The party who institutes the proceeding may open and close the presentation of proof. The administrator will open and close the proceeding instituted by the division. An interested person must be heard immediately following the party with whom the interested person is allied in interest. The administrator will designate the order of the presentation of proof.

     [Div. of Mineral Res., §§ 804-806 & 808, eff. 12-20-79]—(NAC A by Dep’t of Minerals, 7-22-87)