NAC561.530. Failure to appear.

     1. If a party fails to appear at a hearing scheduled by the Board or Department and no continuance has been requested or granted, upon an offer of proof by the other party that the absent party was given proper notice and upon a determination by the Board or Department that proper notice was given, the Board or Department may proceed to hear evidence and consider the matter without the participation of the absent party and dispose of the matter on the basis of the evidence before it.

     2. If a party’s failure to appear is justified by reasonable cause, the party may, within 10 days after service of the decision of the Board or Department in the matter, apply to the Board or Department to reopen the proceedings. The application must specify the grounds relied upon for the requested reopening. Upon finding the cause sufficient and reasonable, the Board or Department may withdraw its decision and fix a time and place for rehearing on such terms and conditions as may be just, including the imposition of costs and fees incurred in the presentation of evidence at the earlier hearing.

     (Added to NAC by Bd. of Agriculture, eff. 2-20-96)