NAC533.350. Hearings: Order of proceedings.

The State Engineer has full discretion in each case to determine the order in which the parties introduce their evidence and the general procedure to be followed during the course of each protest hearing. The presentation will ordinarily be in the following order:

     1. The State Engineer will call the proceeding to order and announce the matter to be heard.

     2. The State Engineer will inquire as to whether the parties are represented by counsel or other agent.

     3. The State Engineer will offer the exhibits of the State Engineer into evidence. Any party may then object to that evidence.

     4. The State Engineer may offer the parties the opportunity to make opening statements which briefly summarize what their proposed testimony and exhibits are intended to establish. Opening statements must not contain evidence.

     5. The parties shall present their cases in chief in the order established by the State Engineer, including:

     (a) Testimony, either by the narrative of each party or the witness of each party or by direct examination conducted by each party’s attorney or agent;

     (b) Cross-examination;

     (c) Redirect examination; and

     (d) Recross-examination.

Ê The same order of examination will be followed for each witness.

     6. The State Engineer or his or her staff may question any witnesses during their testimony.

     7. After all testimony and comments have been received on behalf of the applicant and protestant, the State Engineer will admit into evidence, subject to objection and ruling, any remaining exhibits that have not already been admitted during the course of the hearing. The State Engineer may rule on the admissibility of a challenged exhibit after hearing arguments or may take the objections under submission and announce the ruling on admissibility as part of the final decision.

     8. The State Engineer may allow closing statements that briefly summarize the points respectively made during the hearing.

     9. Public comment will be taken at the end of each hearing. If warranted, the State Engineer may vary the time for taking public comment or require that public comment be submitted in writing. The State Engineer may limit the time each person is allowed to comment.

     10. The State Engineer may require the submission of legal briefs. If the State Engineer orders the filing of briefs, he or she will indicate which subjects must be addressed in the briefs and the schedule for their submission. Briefs ordered under this subsection must be filed with the Office of the State Engineer and must be accompanied by an acknowledgment or an affidavit showing service on the other party.

     11. Unless the State Engineer orders otherwise, the State Engineer will close the record of the hearing, take the matter under submission and rule as provided in chapters 533 and 534 of NRS.

     (Added to NAC by St. Engineer, eff. 2-8-95; A by R129-08, 2-11-2009)