NAC561.540. Order of proceedings.

     1. Except as otherwise provided in this section, hearings in contested cases will be conducted in the following order:

     (a) The hearing will be called to order by the Chair of the Board, the Director or the appointed hearing officer.

     (b) The parties and their respective counsel, if any, and the members of the Board or Department or the hearing officer will be introduced and identified on the record.

     (c) The notice and complaint will be placed into evidence.

     (d) Motions to exclude witnesses from the hearing room except during testimony will be entertained.

     (e) All other preliminary motions, stipulations, agreed-upon orders and administrative details will be entertained.

     (f) The petitioner’s case will be presented, followed by cross-examination, redirect examination, recross-examination, questions by the Board or Department and further questions by the parties if the questions are limited in scope to those areas of questioning addressed by the Board or Department.

     (g) The respondent’s case will be presented, followed by cross-examination, redirect examination, recross-examination, questions by the Board or Department and further questions by the parties if the questions are limited in scope to those areas of questioning addressed by the Board or Department.

     (h) Any rebuttal evidence will be submitted in the manner provided in paragraphs (f) and (g).

     (i) The closing argument of the petitioner will be given.

     (j) The closing argument of the respondent will be given.

     (k) The petitioner’s reply to the respondent’s closing argument may be given.

     (l) The case may be submitted for deliberation or postponed for further consideration by the Board or Department.

     2. Presentation of evidence pursuant to paragraphs (f), (g) and (h) of subsection 1 may proceed only as long as necessary to provide relevant evidence that is not redundant.

     3. Questioning conducted pursuant to this section may proceed as long as necessary to provide all relevant testimony and evidence that is not redundant.

     4. The Board or Department may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.

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