NAC645H.565. Hearings: Procedures for rehearings.

The following procedures will be used for a rehearing in a case where a ruling or decision of the Administrator or hearing officer is against the holder of a certificate of registration or permit issued pursuant to this chapter and chapter 645H of NRS:

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

     2. The petition does not stay any decision of the Administrator or hearing officer unless the Administrator so orders.

     3. The petition must state with particularity the point of law or fact which, in the opinion of the holder of the certificate or permit, the Administrator or hearing officer has overlooked or misconstrued and must contain every argument in support of the application that the holder of the certificate or permit 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, the Administrator may stay enforcement of the decision being appealed. When determining whether a stay is to be granted, the Administrator shall determine whether the petition was filed in a timely manner and whether it alleges a cause or ground which may entitle the holder of the certificate or permit to a rehearing.

     7. A rehearing may be granted by the Administrator 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 holder of the certificate or permit could not with reasonable diligence have discovered and produced at the original hearing.

     (d) Error in law occurring at the original hearing and objected to by the holder of the certificate or permit during that hearing.

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

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