NAC645.810. Procedure at hearing; receipt of evidence; date of decision.

     1. The presiding officer of a hearing shall:

     (a) Ascertain whether all persons commanded to appear under subpoena are present and whether all documents, books, records and other evidence under subpoena are present in the hearing room.

     (b) Administer the oath to the reporter as follows:

     Do you solemnly swear or affirm that you will report this hearing to the best of your stenographic ability?

     (c) Administer the oath to all persons whose testimony will be taken:

     Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

     (d) Ascertain whether either party wishes to have a witness excluded from the hearing except during the testimony of the witness. A witness may be excluded upon the motion of the Commission or upon the motion of either party. If a witness is excluded, the witness will be instructed not to discuss the case during the pendency of the proceeding. The respondent will be allowed to remain present at the hearing. The Division may designate a person who is a member of the staff of the Division and who may also be a witness to act as its representative. Such a representative will be allowed to remain present at the hearing.

     (e) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.

     (f) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.

     (g) Have the discretion to limit the opening and closing statements of the parties.

     (h) Request the Division to proceed with the presentation of its case.

     2. The Division may not submit any evidence to the Commission before the hearing except for the complaint and answer.

     3. The respondent may cross-examine witnesses in the order that the Division presents them.

     4. Witnesses or counsel may be questioned by the members of the Commission at any time during the proceeding.

     5. Evidence which is to be introduced:

     (a) Must first be marked for identification; and

     (b) May be received by the Commission at any point during the proceeding.

     6. When the Division has completed its presentation, the presiding officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on his or her behalf.

     7. The Division may cross-examine witnesses in the order that the respondent presents them.

     8. When the respondent has completed his or her presentation, the Division may call any rebuttal witnesses.

     9. When all testimony for the Division and respondent has been given and all evidence submitted, the presiding officer may request the Division and the respondent to summarize their presentations.

     10. The Commission may waive any provision of this section if necessary to expedite or ensure the fairness of the hearing.

     11. The date of decision for the purpose of subsection 2 of NRS 645.760 is the date the written decision is signed by a Commissioner or filed with the Commission, whichever occurs later.

     12. In the absence of the President of the Commission, any matter which must be acted upon may be submitted to the Vice President or to the Secretary.

     13. Upon the presentation of evidence that the respondent received notice of the hearing and has not filed an answer within the time prescribed pursuant to NRS 645.685, the respondent’s default may be entered and a decision may be issued based upon the allegations of the complaint.

     [Real Estate Adv. Comm’n, § XVII subsecs. 1 & 2 pars. b-q, eff. 10-31-75]—(NAC A by Real Estate Comm’n, 8-21-81; 4-27-84; 6-3-86; A by Real Estate Div., 11-30-87; A by Real Estate Comm’n by R111-01, 12-17-2001; R031-04, 11-30-2004; R123-06, 6-1-2006)