NAC632.921. Motions: Subject matter; service; written response.

     1. A motion must be made in writing, unless otherwise authorized by the Board or hearing officer during the hearing.

     2. Only the following motions may be made:

     (a) To request the dismissal of the complaint for a failure to state facts which, if true, would form a sufficient basis for discipline.

     (b) To request the dismissal of the complaint if the petitioner has concluded the presentation of his or her case and has failed to meet his or her burden of proof.

     (c) To request a continuance or extension of time.

     (d) To request an order granting a rehearing.

     (e) To request a reconsideration of the decision of the Board.

     (f) To request the exclusion of a member of the Board or the hearing officer from participation in the hearing or deliberation for good cause.

     (g) To request that an order be vacated or modified.

     (h) To request the separation of cases which have been consolidated pursuant to NAC 632.9175.

     (i) To limit or quash a subpoena issued by the Board.

     3. The Board may require oral argument and the submission of additional facts or evidence to decide a motion.

     4. A written motion must be served on the opposing party and the Board at least 10 days before the time set for the hearing on the motion.

     5. An opposing party may file a written response to a motion within 7 days after the receipt of the motion by serving the written response on all parties and the Board, but in no case may a written response be filed less than 3 days before the time set for the hearing on the motion except for good cause shown and with the permission of the Board.

     (Added to NAC by Bd. of Nursing, eff. 11-6-95)