NAC607.330. Failure to appear; orders for conduct of hearings.

     1. If the complainant or respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the Commissioner may:

     (a) Hear the evidence of the witnesses who have appeared; and

     (b) Consider the evidence before him on the matter.

     2. Any person who failed to appear for a scheduled hearing or to request a continuance because of accident, sickness or other reasonable cause may, within 15 days after the failure, apply to the Commissioner to reopen the proceedings.

     3. The Commissioner, upon finding the cause sufficient and reasonable, will immediately fix a time and place for the hearing and give notice thereof.

     4. At the time and place fixed, a hearing will be held at which the person may testify in his own behalf or present other evidence beneficial to his cause.

     5. Witnesses who have previously testified need not appear at any subsequent hearing on the same matter to have their testimony considered unless so directed by the Commissioner.

     6. The Commissioner may enter reasonable orders governing the conduct of hearings before him.

     [Labor Comm’r Practice Rules § 7.2, eff. 3-30-75]—(NAC A by R134-03, 12-4-2003)