NAC590.670. Prehearing conference; orders and rulings on preliminary matters.

     1. The presiding officer may order a prehearing conference on a formal complaint and may enter such prehearing orders and rulings on preliminary matters as he or she determines are appropriate for the efficient conduct of the hearing on the formal complaint. Such orders and rulings may include, without limitation, orders and rulings concerning:

     (a) The exchange of written direct testimony of witnesses.

     (b) The exclusion of particular testimony or evidence.

     (c) The admission of particular testimony and other exhibits by agreement of the parties.

     (d) The marking in advance of all exhibits.

     (e) The exchange by the parties of written prehearing statements or briefs similar to pretrial statements or briefs filed in district court.

     (f) Settlement negotiations. Settlement negotiations, and the statements of the parties relating thereto, made at a prehearing conference are not admissible in evidence at the hearing unless the parties agree and the agreement is incorporated in a prehearing order.

     (g) Scheduling matters.

     (h) Protective orders.

     (i) The admissibility of evidence.

     (j) Any other procedural or prehearing matter.

     2. A ruling on a preliminary matter is subject to reconsideration by the entire Board upon the request of a member of the Board or upon the motion of a party.

     3. The failure of a party who is adversely affected by a ruling on a preliminary matter to move for reconsideration of the ruling does not constitute:

     (a) Consent to the ruling; or

     (b) A waiver of any objection previously made to the ruling.

     4. For the purposes of this section, a matter is a preliminary matter if it is not dispositive of a contested case or a substantive issue in a contested case.

     (Added to NAC by Bd. for Reg. of Liquefied Petrol. Gas by R014-03, eff. 2-18-2004)