NAC623.945. Procedure for hearing; exhibits; prehearing motions; informality of proceeding.

     1. The Chair of the Board will call the hearing to order, note the appearances of the parties and act upon any pending motions, petitions, stipulations or preliminary matters. Upon request and within the discretion of the Chair, the parties may make opening statements.

     2. The petitioner will present his or her case-in-chief first, followed by the respondent’s case-in-chief. Both parties will have the opportunity to cross-examine, redirect and recross-examine the witnesses.

     3. Upon request and within the discretion of the Chair, the parties may make closing arguments.

     4. The Board may:

     (a) Exclude inadmissible, repetitious or irrelevant evidence;

     (b) Examine witnesses;

     (c) Examine a party on issues of law or fact; and

     (d) Require written briefs from the parties in lieu of oral arguments.

     5. If exhibits will be presented during the hearing, the petitioner and the respondent must provide the Board with 12 copies of the exhibits not less than 20 days before the hearing. Copies must be distributed as follows:

     (a) One copy for the file;

     (b) One copy for each member of the Board;

     (c) One copy for the witness packet; and

     (d) One copy for opposing counsel.

     6. Prehearing motions must be submitted in writing and filed with the Board within 10 days after the receipt of the exhibit to which the motion applies. A party who opposes the motion may file a response to the prehearing motion not later than 7 days after the date of service of the motion. Upon a showing of good cause, the Board may allow a party to file a prehearing motion or response within such other times as the Board deems appropriate.

     7. In conducting a hearing or informal proceeding, the Board is not bound by the technical rules of evidence. A decision or order of the Board may not be invalidated based upon the informality of the proceeding upon which the decision or order is made.

     (Added to NAC by Bd. of Architecture, Interior Design & Residential Design, eff. 5-20-96; A by R012-06, 5-4-2006)