NAC533.142. Motions: Procedure; contents; responses; replies.

     1. A party requesting an order by the State Engineer concerning a matter subject to a protest hearing must title the request as a “motion” and:

     (a) If made during a hearing, submit the motion:

          (1) In writing; or

          (2) Orally, within the time specified by the State Engineer; or

     (b) If it is not made during a hearing, submit the motion in writing before the hearing in accordance with subsection 5.

     2. Each motion must include a citation to any authority upon which the motion relies.

     3. Each written motion must be filed with the Office of the State Engineer and served concurrently upon all parties of record personally or by mail.

     4. The State Engineer may direct that any motion made at a hearing must be reduced to writing and filed and served in accordance with this section and NAC 533.143.

     5. A written motion, other than one made during a hearing, must be filed with the Office of the State Engineer and served not later than 30 days before the date set for hearing, unless a different time is specified by the State Engineer.

     6. Any party against whom a motion is directed may file a response to the motion. The response must be in writing, unless the motion was made orally during the hearing.

     7. A response to a written motion must be filed with the Office of the State Engineer and served concurrently not later than 10 days after the service of the motion.

     8. The party presenting the motion may file a written reply to the response, which must be filed with the Office of the State Engineer and served concurrently not later than 10 days after the service of the response.

     9. Two copies of any motion, response or reply must be timely filed with the Office of the State Engineer.

     10. A motion, response or reply filed pursuant to this section must include a certificate that sets forth proof of service, the method of service and the date of service.

     (Added to NAC by St. Engineer by R129-08, eff. 2-11-2009)