NAC679B.371. Hearings: Affidavits.

     1. The affidavit of any person may be admitted in evidence if all parties consent to its admission.

     2. All parties intending to offer an affidavit must serve the Division and all other parties with a copy of the affidavit. Except as otherwise provided in this subsection, the service must be made not less than 12 calendar days before the hearing and is effective upon mailing. If mailed, 3 days will be added to the period within which service must be made. The mailing of an affidavit to the address of record of a party which is on file with the Division shall be deemed proper service.

     3. Failure to object to the use of an affidavit shall be deemed to be consent to its use. Except as otherwise provided in this subsection, an objection to the use of a proposed affidavit must be served upon each party not less than 6 calendar days before the hearing. Service is effective upon mailing. If service is mailed, 3 days will be added to the period within which service must be made. No party may object to the use of an affidavit which has no relevancy to the party.

     4. Extensions of the deadlines prescribed in this section may be granted by the hearing officer if good cause is shown.

     [Comm’r of Insurance, M-1 § 35, eff. 5-13-72]—(NAC A 11-21-88; 5-27-92)