NAC633.420. Appearance and representation of parties.

     1. Except as otherwise provided in subsection 2, a party may appear at a hearing in person or by an attorney.

     2. If the hearing concerns a contested case other than a disciplinary proceeding governed by chapter 622A of NRS, a party shall attend the hearing on the merits in person unless the President or presiding officer waives the requirement of the attendance of the party.

     3. If a party who is required pursuant to subsection 2 to attend a hearing in person fails to do so without having obtained a waiver of the requirement of his or her attendance pursuant to subsection 2, the Board may:

     (a) Determine that the failure to attend the hearing in person shall be deemed:

          (1) An admission of all matters and facts contained in the record with respect to the party; and

          (2) A waiver of the right to an evidentiary hearing; and

     (b) Take action based upon such admission or upon any other evidence, including affidavits, without any further notice or a hearing.

     4. If a party retains an attorney to represent him or her before the Board, the attorney shall so notify the Board not later than 10 days after being retained. Thereafter:

     (a) The attorney shall sign all motions, oppositions, notices, requests and other papers, including requests for subpoenas; and

     (b) The Board will serve all notices, motions, orders, decisions, and any other papers or pleadings upon the attorney.

     5. An attorney appearing as counsel in any proceeding other than a disciplinary proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any state. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, he or she must be associated with an attorney so admitted and entitled to practice.

     6. An attorney appearing as counsel in a disciplinary proceeding shall comply with the provisions of NRS 622A.310.

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