NAC706.4016. Administrative fines: Appeal of procedural ruling by hearing officer.

     1. Any party to an administrative proceeding conducted by a hearing officer may appeal a ruling of the hearing officer on any procedural matter to the Authority by filing a request for further consideration with the hearing officer within 15 days after the ruling is made, or within the period prescribed by the hearing officer. The request must include, without limitation, grounds for review of the ruling by the Authority.

     2. The hearing officer shall transmit:

     (a) The request for further consideration and any response to the request;

     (b) His or her ruling on the procedural matter; and

     (c) A memorandum which explains those parts of the hearing officer’s ruling which are the subject of the appeal,

Ê to the Authority not later than the time the hearing officer delivers the proposed decision pursuant to NAC 706.4015.

     3. Except as otherwise provided in subsection 4, the Authority will enter a decision on the appeal at the same time it rules upon the proposed decision of the hearing officer received pursuant to NAC 706.4015.

     4. If the hearing officer finds that a ruling on the appeal is necessary to prevent detriment to the public interest or irreparable harm to any person, the Authority may enter a decision on the appeal before it rules on the proposed decision of the hearing officer received pursuant to NAC 706.4015.

     (Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98)