NAC679B.353. Hearings: Misconduct of attorney.

     1. If counsel for a party engages in any contumacious conduct at a hearing and repeatedly disregards admonishments by the hearing officer to cease that conduct, the hearing officer may:

     (a) Order the exclusion of the counsel who engaged in that conduct from any further appearances in the proceeding; and

     (b) Continue the hearing for a reasonable period, not to exceed 30 days, to enable the party whose counsel has been excluded to obtain substitute counsel.

     2. The Commissioner may report any misconduct of an attorney occurring during a proceeding before the Division to the State Bar of Nevada or the state bar of any other state, commonwealth, territory or district where the attorney is admitted to practice.

     3. For the purposes of this section, “misconduct of an attorney” includes:

     (a) Failing to appear timely before the hearing officer for prehearing conferences, hearings on motions or other hearings.

     (b) Presenting to the hearing officer unnecessary motions, unwarranted opposition to motions or unwarranted objections to the testimony of witnesses or the admissibility of evidence.

     (c) Examining or cross-examining witnesses with repetitive questions.

     (d) Unreasonably and vexatiously increasing the time and cost of a proceeding.

     (e) Failing to comply with any order of the hearing officer.

     (f) Violating NRS 239.300, 239.310 or 239.330 when inspecting or copying any public records of the Division.

     (Added to NAC by Comm’r of Insurance, eff. 12-15-94)