NAC641.177. Disciplinary hearings: Procedure; continuances.

     1. The Board will convene a disciplinary hearing at the time and place specified in the complaint and notice of hearing. The person presiding at the hearing may grant a continuance only upon:

     (a) A joint stipulation of the parties;

     (b) The existence of an emergency condition; or

     (c) A written request by a party filed at least 5 days before the date of the hearing and a showing by the party of good cause for the continuance. For the purpose of this paragraph, “good cause” must be narrowly construed.

     2. A party requesting a continuance must appear on the date of the hearing and be prepared to proceed unless the request for a continuance has been made pursuant to a joint stipulation.

     3. The hearing must proceed in the following manner unless the Board for good cause or to prevent manifest injustice orders otherwise:

     (a) An opening statement may be made on behalf of the Board or be waived.

     (b) An opening statement on behalf of the respondent may be made, reserved until the close of the Board’s case or waived.

     (c) Presentation of the Board’s case, followed by cross-examination.

     (d) Presentation of the respondent’s case, followed by cross-examination.

     (e) Rebuttal, which must be limited to issues previously raised. No new matter may be presented upon rebuttal unless the Board for good cause so permits.

     (f) Argument on behalf of the Board, unless waived.

     (g) Argument on behalf of the respondent, unless waived.

     (h) Submittal of the matter for decision.

     4. After the matter is submitted, the Board will render a decision and its order.

     (Added to NAC by Bd. of Psychological Exam’rs by R077-02, eff. 7-25-2002)