NAC616B.9934. Burden of proof; order of presentation; continuances and recesses; failure of petitioner to appear.  


Latest version.
  •      1. The petitioner has the burden of proof in a hearing.

         2. During each hearing, unless otherwise ordered by the Chair in a specific case, the Chair and parties will ordinarily present the following information in the following order:

         (a) A brief orientation by the Chair.

         (b) Testimony and other evidence that addresses the issues in dispute and the relief requested by the petitioner.

         (c) Testimony and other evidence by any interveners.

         (d) Testimony and other evidence by the respondent.

         (e) Rebuttal testimony and other evidence by the petitioner.

         3. The Appeals Panel may grant continuances or recesses before or during a hearing.

         4. If a petitioner fails to appear before the Appeals Panel at the time and place set for the hearing, the Appeals Panel may:

         (a) Dismiss the hearing with or without prejudice; or

         (b) Recess the hearing for a period set by the Appeals Panel to enable the petitioner to attend.

     (Added to NAC by Comm’r of Insurance by R006-03, eff. 12-16-2003)