NAC645H.530. Rules of evidence.

     1. In conducting any investigation, inquiry or hearing, the Division, Administrator or hearing officer is not bound by the technical rules of evidence. Any informality in any proceeding or in the manner of taking testimony will not invalidate any order or decision of the Administrator or hearing officer. The rules of evidence of the courts of this State will be followed generally, but may be relaxed at the discretion of the Administrator or hearing officer if deviation from the technical rules of evidence will aid in determining the facts.

     2. Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

     3. The Administrator or hearing officer may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that the presentation of that evidence be discontinued.

     4. A party who objects to the introduction of evidence shall briefly state the grounds of the objection at the time the evidence is offered. The party who offers the evidence may present rebuttal evidence.

     5. If an objection is made to the admissibility of evidence, the Administrator or hearing officer may:

     (a) Note the objection and admit the evidence;

     (b) Sustain the objection and refuse to admit the evidence; or

     (c) Receive the evidence which is subject to a subsequent ruling by the Administrator or hearing officer.

     (Added to NAC by Real Estate Div. by R147-12, eff. 6-3-2013)