NAC632.9255. Procedure for hearing; transcript of proceedings; burden of proof.

     1. Except as otherwise provided in this section, a hearing in a contested case will be conducted in the following order:

     (a) The hearing will be called to order by the President of the Board or the appointed hearing officer.

     (b) Introduction of the parties and members of the Board or the appointed hearing officer will be made.

     (c) The complaint and notice of hearing will be placed in evidence.

     (d) The parties will be asked whether they wish to have witnesses, except as otherwise provided in this paragraph, excluded from the hearing except during their testimony. If excluded, witnesses will be instructed not to discuss the case during the pendency of the proceeding. The respondents will be permitted to remain in the hearing. The petitioner may designate a person, who may also be a witness, to act as its representative. Such a representative will be permitted to remain in the hearing.

     (e) Any preliminary motions, stipulations or orders upon which the parties agree will be heard and any administrative details will be addressed.

     (f) The petitioner and then the respondent may make opening statements.

     (g) The petitioner may call witnesses and present evidence. Each witness will be sworn and questioned in the following manner:

          (1) The petitioner will question the witness.

          (2) The respondent may cross-examine the witness.

          (3) If the respondent cross-examines the witness, the petitioner may question the witness on redirect examination.

          (4) If the petitioner questions the witness on redirect examination, the respondent may recross-examine the witness.

          (5) After the petitioner and respondent complete the questioning pursuant to subparagraphs (1) to (4), inclusive, the members of the Board or hearing officer may question the witness.

          (6) If the witness is questioned by the members of the Board or the hearing officer, the petitioner and then the respondent may question the witness. Questions asked by the petitioner and respondent may question the witness. Questions asked by the petitioner and respondent will be limited to those areas addressed by the questions asked by the members of the Board or hearing officer.

     (h) The respondent may call witnesses and present evidence. Each witness will be sworn in and questioned in the following manner:

          (1) The respondent will question the witness.

          (2) The petitioner may cross-examine the witness.

          (3) If the petitioner cross-examines the witness, the respondent may question the witness on redirect examination.

          (4) If the respondent questions the witness on redirect examination, the petitioner may recross-examine the witness.

          (5) After the respondent and petitioner complete the questioning pursuant to subparagraphs (1) to (4), inclusive, the members of the Board or hearing officer may question the witness.

          (6) If the witness is questioned by the members of the Board or the hearing officer, the respondent and then the petitioner may question the witness. Questions asked by the respondent and petitioner will be limited to those areas addressed by the questions asked by the members of the Board or hearing officer.

     (i) The petitioner and respondent may be allowed to call appropriate rebuttal and rejoinder witnesses with examination of those witnesses proceeding as set forth in paragraph (g) or (h), as appropriate.

     (j) The petitioner may present a closing argument, followed by the closing argument of the respondent and then the rebuttal closing argument of the petitioner.

     (k) The Board or the hearing officer may deliberate the case.

     2. The Board may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.

     3. Oral proceedings, or any part thereof, will be transcribed at the request of any party at the expense of that party.

     4. The petitioner has the burden of proof in a contested case.

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