NAC703.486. Appointment; reassignment of matter; revocation of appointment; proposed orders; appeal and review of decisions.

     1. The Chair may appoint one or more hearing officers to preside over and conduct hearings or other proceedings, or any portion thereof, in any matter pending before the Commission in which hearing officers are authorized to act pursuant to NRS 703.130. The Chair, in his or her discretion, may appoint an employee of the Commission or a contractor of the Commission to serve as a hearing officer. The Chair may reassign a matter from one hearing officer to another hearing officer if procedural circumstances require. The Commission may reassign a matter from one hearing officer to another hearing officer if required by any other circumstances.

     2. If the Chair appoints a hearing officer, the Chair retains the right, at any time, to revoke the appointment and to assume responsibility for presiding over and conducting the hearings or other proceedings or to designate another Commissioner or hearing officer to preside over and conduct the hearings or other proceedings.

     3. Except as otherwise provided in subsection 4, if the Chair appoints a hearing officer to preside over and conduct any proceeding involving an application, a petition or a complaint, after the close of all evidentiary hearings in the matter, the hearing officer shall file with the Commission a proposed order that sets forth the findings and conclusions of the hearing officer and the reasons and bases for those findings and conclusions. The proposed order must be served on each party of record. Any party of record may file comments to the proposed order in the same manner that comments may be filed to a proposed order of the Commission pursuant to NAC 703.785.

     4. A proposed order filed by a hearing officer pursuant to subsection 3 must not be served upon parties of record and is not subject to comment by parties of record if the proceeding is:

     (a) A noncontested case;

     (b) A contested case that is settled in its entirety by stipulation; or

     (c) A proceeding held pursuant to NRS 703.377 and the holder of the certificate, permit or license who is the subject of the proceedings fails to appear.

     5. The decisions of a hearing officer are subject to appeal and review by the Commission in the same manner that the decisions of a presiding officer are subject to appeal and review by the Commission pursuant to the provisions of this chapter.

     6. Upon review of a decision of a hearing officer, the Commission may affirm or reverse the decision, in whole or in part, and may take any other just and reasonable action with regard to the decision, including, without limitation, declining to act on the decision on an interlocutory basis.

     (Added to NAC by Pub. Utilities Comm’n by R047-02, eff. 10-24-2002; A by R010-05, 9-7-2005)