NAC645H.545. Hearings: Procedures; date of decision; default.

     1. The presiding officer of a hearing shall:

     (a) Ascertain whether all persons ordered 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 as follows:

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 desires to have a witness excluded from the hearing room until he or she is called. A witness may be excluded upon the motion of either party.

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

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

     2. The Division may not submit any evidence to the Administrator or designated hearing officer before the hearing except for the formal 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 presiding officer at any time during the proceeding.

     5. Evidence which will be introduced must first be marked for identification.

     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 presiding officer shall indicate for the record that the hearing is terminated, and that the Administrator or hearing officer will issue a decision after considering all the evidence. After presentation of the case by the Division and the respondent and closing arguments by either party, if any, a recess may be ordered.

     11. The date of decision is the date the written decision is signed by the Administrator or hearing officer.

     12. Any matter which must be acted upon may be submitted to the Administrator or hearing officer.

     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 NAC 645H.535, the respondent’s default may be entered and a decision may be issued based upon the allegations of the complaint.

     14. The formal complaint and the notice of hearing will be placed in evidence.

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