NAC618.752. Conduct of hearings by Board.

The Board will conduct a fair and impartial hearing to assure that the facts are fully elicited to adjudicate all issues and avoid delay. The Board will, between the time it is notified of an appeal or contest and the time it issues a decision:

     1. Rule upon offers of proof and receive relevant evidence;

     2. Take or cause depositions to be taken whenever the needs of justice would be served;

     3. Regulate the course of the hearing and, if appropriate or necessary, exclude persons from the hearing for contemptuous conduct and strike all related testimony of witnesses refusing to answer any proper questions;

     4. Hold conferences for the settlement or simplification of the issues;

     5. Dispose of procedural requests or similar matters, including motions referred to the Board by the Chief and motions to amend pleadings, to dismiss complaints or portions of them and to order hearings reopened or, upon motion, consolidated before the issuance of the Chair’s report;

     6. Make decisions in conformity with the act;

     7. Call and examine witnesses and introduce into the record documentary or other evidence;

     8. Request the parties at any time during the hearing to state their respective positions concerning any issue in the case or theory in support of the case;

     9. Adjourn the hearing as the needs of justice and good administration require; and

     10. Take any other action necessary and authorized by the regulations of the Board or the Division.

     [Dep’t of Occupational Safety & Health, Rule No. 66, eff. 11-9-73]—(NAC A by Occupational Safety & Health Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98, 2-28-2000)