NAC598.164. Procedure.

     1. The respondent may cross-examine witnesses in the order in which the Division presents them.

     2. When the Division has completed its presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and the calling of witnesses on his or her behalf. The Division may cross-examine witnesses in the order in which the respondent presents them.

     3. When the respondent has completed his or her presentation, the Division may call any rebuttal witnesses.

     4. The hearing officer may question counsel for the parties or witnesses at any time during the proceeding.

     5. If a party does not testify in his or her own behalf, the party may be called and examined as if under cross-examination.

     6. The hearing need not be conducted according to the technical rules relating to evidence and witnesses. Evidence must be introduced and considered in accordance with the provisions of NRS 233B.123. Any relevant evidence, including, but not limited to, a claim in lieu of or in addition to the testimony, may be admitted and is sufficient in itself to support a finding if it is the sort of evidence commonly relied upon by reasonable and prudent persons in the conduct of their affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

     7. Depositions of witnesses and parties may not be taken and no formal discovery of evidence will be allowed.

     8. Briefs must be filed upon the order of the hearing officer. The time for filing briefs will be set by the hearing officer conducting the hearing.

     9. Rules of privilege recognized by law must be given effect.

     10. Objections to evidentiary offers may be made and must be noted in the record. If an objection is made to the admission of evidence, such evidence may be received subject to a later ruling by the hearing officer. If an objection to the admission of evidence is sustained, the offering party may make an offer of proof for the record.

     11. Oral argument is not allowed unless requested by the hearing officer. The hearing officer may request that the parties summarize their presentations.

     12. The hearing officer may adjourn the hearing for the submittal of further evidence or to hear further testimony when justice would not be served otherwise, and may adjourn the hearing at the request of any party for good cause shown, but for not more than 30 days after the date scheduled for the first hearing.

     13. Any documentary or real evidence introduced at the hearing must be marked for identification by the court reporter or hearing officer. If such evidence is admitted by the hearing officer, it must be marked as the exhibit of the offering party.

     14. The hearing officer shall indicate for the record that the hearing is terminated and that he or she will issue a written decision after considering all of the evidence admitted pursuant to NRS 233B.123.

     15. Notice of the order of the Commissioner or Director must be served on all parties in accordance with NRS 233B.125. The order of the Commissioner or Director becomes effective after proper service of the notice.

     (Added to NAC by Comm’r of Consumer Affairs by R122-98, eff. 2-23-99)