NAC633.430. Procedure at hearings.  


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  •      1. In a hearing other than a hearing concerning a disciplinary proceeding, the President or presiding officer will call the hearing to order and proceed to take the appearances on behalf of the Board, the applicant or the osteopathic physician or physician assistant. The legal counsel for the Board will present the evidence for the Board first and, if the Board allows closing arguments, will present the closing arguments for the Board first.

         2. In a hearing concerning a disciplinary proceeding, the Board, hearing officer or panel shall conduct the hearing in accordance with the provisions of NRS 622A.380.

         3. The notice of hearing, any petition, answer, response or written stipulation, and, if the hearing concerns a disciplinary proceeding, the complaint or any other responsive pleading, becomes a part of the record without being read into the record, unless a party requests that the document be read into the record.

         4. The Board, President, presiding officer, hearing officer or panel may, at any time:

         (a) Question a witness;

         (b) Request or allow additional evidence, including additional rebuttal or documentary evidence;

         (c) Make proposed opinions, findings of fact and conclusions of law;

         (d) Issue appropriate interim orders;

         (e) Recess the hearing as required; and

         (f) Set reasonable limits of time for the presentation of testimony.

         5. If closing briefs are permitted, the Board, President, presiding officer, hearing officer or panel shall establish a time frame for the submission of the closing briefs.

     (Added to NAC by Bd. of Osteopathic Med. by R057-02, eff. 10-24-2002; A by R208-05, 2-23-2006; R192-07, 12-17-2008)