NAC616C.2693. Limitation on communications between hearing or appeals officer and party or representative; disclosure.

     1. Except as otherwise provided in subsection 2, a hearing or appeals officer shall not engage in any communication or contact with a party to a proceeding before the hearing or appeals officer or with any attorney or other representative of a party outside the presence of any other party to the proceeding.

     2. A hearing or appeals officer may communicate with a party to a proceeding before the hearing or appeals officer or with any attorney or other representative of a party outside the presence of any other party to the proceeding:

     (a) If the parties to the proceeding or the attorneys or other representatives of the parties are engaged in mediation; or

     (b) For scheduling or administrative purposes or for emergencies that do not address substantive matters or issues on the merits relating to the proceeding before the hearing or appeals officer and if the officer reasonably believes that no party or attorney or other representative of a party will gain a procedural or tactical advantage as a result of the communication.

     3. A hearing or appeals officer shall disclose promptly to all parties to the proceeding any communication made pursuant to subsection 2. A disclosure required pursuant to this subsection must identify:

     (a) The person with whom the communication occurred; and

     (b) The substance of the communication.

     4. A hearing or appeals officer shall provide the parties to whom a communication is disclosed pursuant to subsection 3 a reasonable opportunity to respond to the disclosure.

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