NAC637A.500. Exchange of evidence and lists of witnesses; failure to comply.

     1. Not later than 10 days after a respondent files an answer to a formal complaint pursuant to NAC 637A.490, the legal counsel for the Board and the respondent shall exchange:

     (a) A copy of all documents and other evidence that are reasonably available to the party and that the party reasonably anticipates will be used by the party at the hearing; and

     (b) A written list of all persons who the party reasonably anticipates will be called to testify at the hearing by the party. The list must include the name and address of each potential witness and a general description of the anticipated subject matter of his or her testimony.

     2. If, after initially providing the documents and list of witnesses pursuant to subsection 1, a party reasonably anticipates that other documents or witnesses will be used in support of his or her position, or if any of the documents or information previously provided changes, the party shall supplement and update his or her submission to the other parties.

     3. If a party fails to provide documentation or information as required by this section, the presiding officer shall exclude the undisclosed document or the testimony of the witness at the hearing, unless the party seeking to include the document or witness demonstrates to the Board that the evidence or witness was not available upon diligent investigation before the date on which the exchange was required and that the evidence or witness was given or communicated to the other parties immediately after it was obtained.

     (Added to NAC by Bd. of Hearing Aid Sp. by R061-03, eff. 1-16-2004)