NAC633.463. Prehearing conference.  


Latest version.
  •      1. In a disciplinary proceeding, the Board, hearing officer or panel may, upon its own motion or a motion by a party, hold a prehearing conference not later than 10 days before a hearing concerning a disciplinary proceeding to:

         (a) Formulate or simplify the issues involved in the proceeding;

         (b) Obtain an admission of fact or stipulation of the parties;

         (c) Arrange for the exchange of prefiled direct testimony of a witness ordered by the Board, hearing officer or panel;

         (d) Limit the number of witnesses;

         (e) Rule on any pending procedural motions, motions for discovery or motions for protective orders; or

         (f) Establish any other procedure which may expedite the orderly conduct and disposition of the proceeding.

         2. Notice of any prehearing conference must be provided to all parties to the disciplinary proceeding. Except as otherwise ordered for good cause shown, the failure of a party to attend a prehearing conference constitutes a waiver of any objection to the agreements reached or rulings made at the prehearing conference.

         3. The actions taken and the agreements made at a prehearing conference:

         (a) Must be made part of the record;

         (b) Control the course of subsequent proceedings unless modified by the Board, hearing officer or panel; and

         (c) Are binding upon the parties to the disciplinary proceeding and any person who subsequently becomes a party to the disciplinary proceeding.

     (Added to NAC by Bd. of Osteopathic Med. by R208-05, eff. 2-23-2006)