NAC616C.2694. “Conflict of interest” and “personal interest” interpreted.

As used in NRS 616C.300 and 616C.340, the Chief of the Hearings Division interprets the terms “conflict of interest” and “personal interest” to include, without limitation:

     1. A bias or prejudice concerning a party, an attorney or other representative of a party, or any other participant in the proceeding.

     2. Knowledge obtained from sources outside of the proceeding of evidentiary facts that are disputed in the proceeding.

     3. Service as an attorney in the matter in controversy.

     4. Service of an attorney with whom the officer previously has been associated, during the period of association with the officer, as an attorney in the matter in controversy.

     5. Being a material witness in the matter in controversy.

     6. Having, as an individual or as a personal representative, trustee, conservator or guardian, a financial interest in the matter in controversy or any other interest that could be affected substantially by the outcome of the proceeding.

     7. Being, as an individual or as a personal representative, trustee, conservator or guardian, a party to the proceeding.

     8. If the spouse, a parent or a child of the hearing or appeals officer, regardless of residence, or any other person residing in the household of the officer:

     (a) Has a financial interest in the matter in controversy or any other interest that could be affected substantially by the outcome of the proceeding;

     (b) Is a party in the proceeding;

     (c) Is an officer, director, partner or trustee of a party in the proceeding;

     (d) Is acting as an attorney in the proceeding; or

     (e) To the knowledge of the hearing or appeals officer, is likely to be a material witness in the proceeding.

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