NAC616C.291. Filing and service of documents.  


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  • For the purposes of NAC 616C.282 to 616C.336, inclusive:

         1. Filing occurs when the original document is received by and is in the actual physical custody of the Hearings Division.

         2. A document over five pages in length may not be filed by facsimile unless so ordered or approved in advance by a hearing or appeals officer. If a document which is five pages or less in length is received by facsimile, the document will be accepted and the date of receipt stamped on the document. If a document is received by facsimile and the original of the document is received within 3 business days after it is received by facsimile, the original will be stamped with the date it is received, but shall be deemed filed on the date the facsimile was received.

         3. A document may be filed by electronic mail upon prior written approval of the Hearings Division. A document filed by electronic mail must be:

         (a) Accompanied by an acknowledgment of receipt.

         (b) Sent to the secretary for the hearing or appeals officer and to each party to the proceeding.

         4. Except as otherwise provided in subsection 6 of NRS 616C.345, if service is to be made upon a party represented by counsel or by a licensed representative, the service must be made upon counsel or the licensed representative unless service upon the party is ordered by the appeals officer.

         5. Except as otherwise provided in subsection 8, service upon counsel or upon a party must be made by delivering or mailing a copy of the document to the counsel or the party at his or her last known address or, if the address is not known, by leaving the copy at the office of the hearing or appeals officer.

         6. Delivery of a copy of the document is made by:

         (a) Handing it to the party or his or her counsel;

         (b) Leaving it at the office of the party or his or her counsel with a clerk or other person in charge thereof or, if there is no one in charge, leaving it in a conspicuous place therein; or

         (c) Leaving it at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion residing therein.

         7. Service by mail is complete upon mailing. Any document served by mail shall be deemed received 3 days after it is mailed.

         8. If requested by a party or his or her counsel, the Hearings Division will serve a document upon the party or his or her counsel by placing the document in a folder maintained for that purpose at the Hearings Division’s office. If such a folder is maintained by the Hearings Division, it will be available for inspection by the party or his or her counsel during the regular business hours of the Hearings Division. A document served pursuant to this subsection shall be deemed received 3 days after the document is placed in the party’s folder.

     (Added to NAC by Hearings Div., eff. 11-26-84; A 5-23-96; R184-07, 9-29-2008)