NAC645C.505. Hearings: Procedures for rehearings.

The following procedures will be used for a rehearing in a case where a ruling or decision of the Commission is against a licensee or holder of a certificate:

     1. The licensee or holder of a certificate may, within 15 calendar days after receipt of the decision, petition the Commission for a rehearing.

     2. The petition does not stay any decision of the Commission unless the Commission so orders.

     3. The petition must state with particularity the point of law or fact which, in the opinion of the licensee or holder of a certificate, the Commission has overlooked or misconstrued and must contain every argument in support of the application that the licensee or holder of a certificate desires to present.

     4. Oral argument in support of the petition is not permitted.

     5. The Division may file and serve an answer to a petition for a rehearing within 10 calendar days after it has received service of the petition.

     6. If a petition for rehearing is filed and the Commission is not scheduled to meet before the effective date of the penalty, the Division may stay enforcement of the decision being appealed. When determining whether a stay is to be granted, the Division shall determine whether the petition was filed in a timely manner and whether it alleges a cause or ground which may entitle the licensee or holder of a certificate to a rehearing.

     7. A rehearing may be granted by the Commission for any of the following causes or grounds:

     (a) Irregularity in the proceedings in the original hearing.

     (b) Accident or surprise which ordinary prudence could not have guarded against.

     (c) Newly discovered evidence of a material nature which the applicant could not with reasonable diligence have discovered and produced at the original hearing.

     (d) Error in law occurring at the hearing and objected to by the applicant during the earlier hearing.

     8. A petition for a rehearing may not exceed 10 pages of standard printing.

     (Added to NAC by Comm’n of Appraisers of Real Estate, eff. 1-26-90; A 11-19-91; R100-03, 1-30-2004)