NAC641C.600. Procedure at hearing; inclusion of certain documents in record; posthearing briefs.

     1. The presiding officer of the Board in a hearing shall call the hearing to order, take the appearances of witnesses and act upon any pending motions or petitions.

     2. 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 become a part of the record without being read into the record, unless a party requests that the document be read into the record.

     3. The legal counsel shall present the evidence for the Board first and, if the Board allows closing arguments, shall present the closing arguments for the Board last.

     4. Unless otherwise ordered by the presiding officer, and except as otherwise provided in this section, the order of presentation is as follows:

     (a) Opening statement by the legal counsel.

     (b) Opening statement by the respondent or the attorney for the respondent who may choose to make the opening statement at the beginning of the respondent’s case.

     (c) For each witness offered by the legal counsel:

          (1) Direct examination by the legal counsel;

          (2) Cross-examination by the respondent or the attorney for the respondent;

          (3) Redirect examination by the legal counsel;

          (4) Recross-examination by the respondent or the attorney for the respondent; and

          (5) Examination by the members of the Board.

     (d) For each witness offered by the respondent, the same order as for witnesses offered by the legal counsel.

     (e) If applicable, closing arguments by the respondent or the attorney for the respondent.

     (f) If applicable, closing arguments by the legal counsel.

     5. A member of the Board may, at any time during the hearing:

     (a) Question a witness; and

     (b) Request or allow additional evidence, including, additional testimony or documentary evidence.

     6. A consolidated hearing before the Board will proceed in the same manner as described in this section with the order of the parties and evidence to be determined in the discretion of the presiding officer.

     7. Posthearing briefs may be allowed by the presiding officer or upon a majority vote of the members of the Board. If such briefs are allowed, the Board will establish a time by when such briefs must be submitted.

     (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)