NAC616C.2692. Hearing or appeals officer: Prohibited acts.

     1. A hearing or appeals officer shall not:

     (a) Engage in conduct that reflects adversely on the character, competence or temperament of the officer or on the officer’s fitness to serve, including, without limitation, conduct involving misrepresentation, fraud, dishonesty, deceit or felonious criminal behavior.

     (b) In the performance of the official duties of the officer, by words or conduct, manifest bias or prejudice because of race, religion, color, age, sex, disability, sexual orientation, national origin, ancestry, marital status or socioeconomic status.

     (c) Act in a way that the officer knows or reasonably should know would be perceived by a reasonable person as biased or prejudiced toward any of the parties, witnesses or attorneys to a proceeding or members of the public at a proceeding.

     (d) Be swayed by partisan interests, public clamor or fear of criticism.

     (e) Allow family, social or other relationships or associations to influence his or her official conduct or judgment.

     (f) Use the position of hearing or appeals officer to advance the private interests of the officer or of any other person.

     (g) Convey the impression that any person has any special influence with the hearing or appeals officer.

     (h) Serve as an officer, director, trustee or advisor of a private or public corporation or of an educational, religious, charitable, fraternal, political or civic organization if the corporation or organization frequently participates in proceedings that would ordinarily come before the officer.

     (i) Use his or her position as a hearing or appeals officer to solicit funds for any private or public corporation or for any educational, religious, charitable, fraternal, political or civic organization or allow the prestige of the office to be used for such purposes.

     (j) Use or disclose nonpublic information acquired by the hearing or appeals officer for any purpose not related to the official duties of such an officer.

     (k) Make any public comment about a proceeding within the jurisdiction of the hearing or appeals officer which might reasonably be expected to affect the outcome or impair the fairness of the proceeding. The provisions of this paragraph must not be construed to prohibit a hearing or appeals officer from:

          (1) Making public statements in the course of his or her official duties;

          (2) Explaining for the public benefit procedures before the hearing or appeals officer;

          (3) Responding to or defending from a criminal charge or civil claim against the hearing or appeals officer; or

          (4) Responding to allegations concerning the conduct of the hearing or appeals officer during a proceeding before the officer.

     (l) Unless under subpoena, testify under oath as a character witness. The provisions of this paragraph must not be construed to prohibit a hearing or appeals officer from providing a character or ability reference for a person about whom the officer has personal knowledge.

     2. A hearing or appeals officer, a spouse of a hearing or appeals officer, or any other person residing in the household of a hearing or appeals officer shall not accept any gift, bequest or loan from any person who has a significant interest in a matter that is or that the hearing or appeals officer has reason to know will be before the officer.

     (Added to NAC by Hearings Div. by R184-07, eff. 9-29-2008)