NAC590.677. Hearings: Procedure; documents included in record; posthearing briefs.

For any hearing before the Board:

     1. The presiding officer shall call the hearing to order and take the appearances on behalf of the Board and the licensee.

     2. The notice of hearing, any petition, answer, response or written stipulation, and if the hearing concerns a disciplinary matter, the notice of hearing and the formal complaint and any other responsive pleading relating thereto, become a part of the record without being read into the record unless a party requests that such a document be read into the record.

     3. The legal counsel for the Board shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing argument for the Board last.

     4. Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

     (a) Opening statement by the legal counsel for the Board.

     (b) Opening statement by the respondent or the attorney for the respondent, who may choose to make the opening statement at the beginning of the respondent’s case.

     (c) Testimony of witnesses offered by the legal counsel for the Board as follows:

          (1) Direct examination by the legal counsel for the Board;

          (2) Cross-examination by the respondent or the attorney for the respondent;

          (3) Redirect examination by the legal counsel for the Board; and

          (4) Recross-examination by the respondent or the attorney for the respondent.

     (d) Testimony of witnesses offered by the respondent, as follows:

          (1) Direct examination by the respondent or the attorney for the respondent;

          (2) Cross-examination by the legal counsel for the Board;

          (3) Redirect examination by the respondent or the attorney for the respondent; and

          (4) Recross-examination by the legal counsel for the Board.

     (e) If applicable, closing arguments by the respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal counsel for the Board.

     5. A member of the Board may, at any time during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including additional or documentary evidence.

     6. If the hearing is a consolidated hearing, the hearing must proceed in the same manner as described in this section with the order of the parties and the presentation of evidence to be determined by the presiding officer.

     7. Posthearing briefs may be allowed by the presiding officer or upon a majority vote of the members of the Board. If such briefs are allowed, the Board will establish the time by which the briefs must be submitted

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