NAC641C.520. Attendance and representation of parties.  


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

         2. A party shall attend a hearing on the merits in person unless the presiding officer waives the requirement of the attendance of the party.

         3. In addition to any other disciplinary action, if a party who is required 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 the 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 he or she is 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 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 otherwise authorized to practice law in this State.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003)