NAC633.410. Rulings on preliminary matters.  


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  •      1. The Board, the President or the member of the Board, the hearing officer or the panel designated to preside over a hearing may issue rulings on all preliminary matters, including, without limitation, scheduling matters, protective orders, the admissibility of evidence, and other procedural or prehearing matters.

         2. A ruling by the President, member of the Board, hearing officer or panel on a preliminary matter is subject to reconsideration by the entire Board upon the request of a Board member or the motion of a party.

         3. The failure of a party who is affected by a ruling on a preliminary matter to move for reconsideration of the ruling does not constitute:

         (a) Consent to the ruling; or

         (b) Waiver of any objection previously made to the ruling.

         4. For the purposes of this section, a matter is preliminary if it is not dispositive of a disciplinary proceeding or other contested case or a substantive issue therein.

     (Added to NAC by Bd. of Osteopathic Med. by R057-02, eff. 10-24-2002; A by R208-05, 2-23-2006)