NAC679B.415. Hearings: Motions and responses to motions.

     1. A request for an order by the hearing officer, except for an order to permit intervention or an order to show cause, concerning any matter that has not been finally decided by the hearing officer must be styled a “motion.”

     2. Any party against whom a motion is directed, including any person who filed a petition for intervention before the motion was filed and served, may file a response to the motion.

     3. Except as otherwise provided in subsection 4:

     (a) A motion or response to a motion must:

          (1) Be made in writing; and

          (2) Include citations of any authorities upon which it relies.

     (b) A motion must be filed and served, as provided in NAC 679B.241 and 679B.250, respectively, no later than 10 days before the date set for the hearing on the motion, unless otherwise ordered by the hearing officer.

     (c) A response to a motion must be filed and served, as provided in NAC 679B.241 and 679B.250, respectively, no later than 7 days after receipt of service of the motion, unless otherwise ordered by the hearing officer.

     4. A written or oral motion or response to a motion, if timely, may be made during a hearing.

     5. The hearing officer:

     (a) May order the parties to file affidavits in support of or in contravention of a motion or response to a motion.

     (b) May direct that any oral motion or oral response to a motion made at a hearing be reduced to writing.

     (c) May, upon his or her own motion or upon the motion of any party, by giving all parties at least 7 days’ prior written notice of the time and place of the hearing, hold a hearing for the purpose of ruling on a motion.

     (d) May, if the hearing officer’s ruling would not constitute a final determination of a proceeding, rule on a motion made at a hearing at any time before his or her final decision and order.

     (e) Shall, if his or her ruling would involve a final determination of a proceeding, including a motion to dismiss, rule on a motion when the hearing officer delivers his or her final decision and order, unless the hearing officer determines that an expedited ruling would be in the public interest.

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