reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › General Provisions › Section 634A.230 - Payment of fees and remittances; refund of application fee

Current through June 11, 2024
1. Fees and remittances must be paid to the
				Board by credit card or debit card or by money order, bank draft or check
				payable to "State Board of Oriental Medicine." Remittances in currency or coin
				are wholly at the risk of the remitter and the Board assumes no responsibility
				for their loss. Postage stamps will not be remitted.
2. The Board will not refund any part of the
				application fee to an applicant if the applicant:
(a) Does not complete his or her application
				by providing all the documentation required by the form for application within
				6 months after the actual date of filing of the form by the
				applicant;
(b) Withdraws his or her
				application; or
(c) Dies before he
				or she is issued a license by the Board.
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › General Provisions › Section 634A.240 - Computation of time

Current through June 11, 2024
The time within which any act must be done, as authorized by
				  NAC 634A.210 to 634A.570, inclusive, will be computed by excluding the first
				  day and including the last day unless it is Saturday, Sunday or a legal
				  holiday, and then it is excluded and the time is extended to the next regular
				  business day.
Bd. of Oriental Med.,
				  Rule 13.1, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › General Provisions › Section 634A.245 - Request for Board to consider or take action upon matter at meeting

Current through June 11, 2024
A request for the Board to consider or take action upon a
				  matter at a meeting must be received by the Board at least 15 business days
				  before the date of the meeting.
Added to NAC by Bd. of
				  Oriental Med. by R071-02, eff. 11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › General Provisions › Section 634A.250 - Request for additional information from Board

Current through June 11, 2024
Additional information with reference to proceedings before
				  the Board or the status of any matter may be secured by applying to the
				  Executive Director at the principal office of the Board.
Bd. of Oriental Med.,
				  Rule 13.2, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.260 - Classification of parties

Current through June 11, 2024
1. A party to a
				proceeding before the Board must be styled an applicant, petitioner,
				complainant, respondent, intervener or interested party according to the nature
				of the proceeding and the relationship of the party thereto.
2. Persons applying or petitioning for any
				right or authority from the Board must be styled the "applicants."
3. Persons petitioning for affirmative relief
				(other than complainants) must be styled the "petitioners."
4. Persons who complain to the Board of any
				act or of any persons must be styled the "complainants." In any proceeding
				which the Board brings on its own motion, it will be styled the
				"complainant."
5. Persons against
				whom any complaint is filed or investigation initiated must be styled the
				"respondents."
6. Persons, other
				than the original parties to the proceeding, who may be directly and
				substantially affected by the proceeding, must, upon securing an order from the
				Board or the presiding officer granting leave to intervene, be styled the
				"interveners." The granting of leave to intervene, or otherwise appear, in any
				matter or proceeding is not a finding or determination of the Board that the
				party will or may be a party aggrieved by any ruling, order or decision of the
				Board, for the purposes of court review or appeal.
7. Persons who believe they may be affected
				by a proceeding, but who do not seek to participate in the proceeding, must be
				styled the "interested parties."
Bd. of Oriental Med.,
				  Rules 3.1-3.7, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.270 - Staff of Board may be party to proceeding

Current through June 11, 2024
The Board's staff may appear at any hearing and has the right
				  to participate as a party to the proceeding.
Bd. of Oriental Med.,
				  Rule 3.8, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.280 - Rights of parties

Current through June 11, 2024
At any hearing, all parties named in NAC 634A.260, except
				  interested parties, may enter an appearance, introduce evidence, examine and
				  cross-examine witnesses, make arguments and generally participate in the
				  conduct of the proceeding. Interested parties may be acknowledged to state
				  their possible interest.
Bd. of Oriental Med.,
				  Rule 4.1, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.290 - Appearances

Current through June 11, 2024
Parties shall enter their appearances at the beginning of a
				  hearing, or at any time as may be designated by the presiding officer, by
				  giving their names and addresses and stating their positions or interests to
				  the presiding officer. This information will be recorded in the transcript of
				  the hearing.
Bd. of Oriental Med.,
				  Rule 4.2, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.300 - Representation of parties; qualifications of attorneys

Current through June 11, 2024
1.
				A party may be heard in person or by his or her designated attorney or other
				representative.
2. An attorney
				appearing as counsel in any proceeding must be an attorney at law, admitted to
				practice and in good standing before the highest court of any state. If the
				attorney is not admitted and entitled to practice before the Supreme Court of
				Nevada, an attorney so admitted and entitled to practice must be
				associated.
Bd. of Oriental Med.,
				  Rule 4.3, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.310 - Service of process on attorney

Current through June 11, 2024
Following the entry of an appearance by an attorney for a
				  party, all notices, pleadings and orders thereafter served must be served upon
				  the attorney. The service will be considered a valid service for all purposes
				  upon the party represented.
Bd. of Oriental Med.,
				  Rule 4.4, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.320 - Withdrawal of attorney

Current through June 11, 2024
Any attorney of record wishing to withdraw from a proceeding
				  before the Board must, in writing, immediately notify the Board or the
				  presiding officer, the party whom he or she represented, and any other parties
				  to the proceeding.
Bd. of Oriental Med.,
				  Rule 4.5, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Parties › Section 634A.330 - Conduct required

Current through June 11, 2024
A person appearing at any proceeding before the Board shall
				  conform to the recognized standards of ethical and courteous
				  conduct.
Bd. of Oriental Med.,
				  Rule 4.6, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.340 - Captions, amendments and construction of pleadings

Current through June 11, 2024
1.
				Pleadings before the Board must be styled applications, petitions, complaints
				and answers.
2. All pleadings,
				except complaints brought on the Board's own motion, must be
				verified.
3. The Board may, when
				substantial rights of the parties are not violated thereby, allow any pleading
				to be amended or corrected or any omission therein to be supplied.
4. All pleadings will be liberally construed
				to effect justice between the parties, and the Board or the presiding officer
				will, at every stage of any proceeding, disregard errors or defects in the
				pleadings or proceedings which do not affect the substantial rights of the
				parties.
Bd. of Oriental Med.,
				  Rules 5.1-5.4, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.350 - Applications

Current through June 11, 2024
1. All pleadings requesting a privilege,
				license or authority from the Board must be styled "Applications."
2. An application must set forth the full
				name and address of the applicant and must be signed by the
				applicant.
Bd. of Oriental Med.,
				  Rule 5.5, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.360 - Petitions

Current through June 11, 2024
1. All pleadings praying for affirmative
				relief (other than applications, complaints, or answers), including requests
				for declaratory orders, advisory opinions, and requests for the adoption,
				filing, amendment or repeal of any regulation, must be styled
				"Petitions."
2. All petitions must
				set forth the full name and address of the petitioner and must be signed by the
				petitioner.
Bd. of Oriental Med.,
				  Rule 5.6, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.370 - Complaints; notification of respondents; use of evidence obtained after notification

Current through June 11, 2024
1. Upon the
				initiative of any interested person, or upon the initiative of any member of
				the Board, a complaint may be made alleging one or more causes of action based
				on chapter 634A of NRS.
2. Two or
				more complainants may join in one complaint if their respective causes of
				action are against the same person and deal with substantially the same
				violation of a law, regulation or order of the Board.
3. Every complaint must be in writing and
				must be filed with the Executive Director of the Board.
4. Complaints will be set for hearing at the
				earliest convenience of the Board, unless notice of satisfaction of the
				complaint, by answer or otherwise, is received by the Board.
5. At least 30 days before the date set for
				the hearing, the Board will notify the respondent of the date, time and place
				of the hearing and, together with the notice, provide the respondent with a
				copy of the complaint and copies of all communications, reports, affidavits or
				depositions in possession of the Board relevant to the complaint. Evidence
				obtained after the date on which the notice and copies of relevant material
				were provided to the respondent pursuant to this subsection may not be
				presented to the Board unless it is shown that the evidence was not available
				upon diligent investigation before that date and that the evidence was given or
				communicated to the respondent immediately after it was obtained.
Bd. of Oriental Med.,
				  Rule 5.7, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.380 - Answers; entry of default upon failure to file

Current through June 11, 2024
1. The
				respondent shall file an answer within 20 days after service of the notice and
				relevant material pursuant to subsection 5 of NAC 634A.370. The answer must
				contain an admission or denial of each of the averments contained in the
				complaint and any defenses upon which the respondent will rely.
2. The answer may be served by personal
				delivery to the Board at its principal office or by certified mail to the
				principal office of the Board.
3.
				Upon the presentation of evidence that the respondent received notice of the
				complaint and hearing and has not filed an answer within the time prescribed
				pursuant to this section, the respondent's default may be entered and a
				decision may be issued based upon the allegations of the complaint.
Bd. of Oriental Med.,
				  Rule 5.8, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.390 - Motions: Contents; opposition; reply; oral argument

Current through June 11, 2024
1.
				A motion is a proceeding directed at the Board's authority to act on a given
				subject.
2. All motions, unless
				made during a hearing, must be in writing.
3. All written motions must set forth the
				nature of the relief which is sought, and the grounds therefor.
4. A party desiring to oppose a motion may
				serve and file a written response to the motion within 10 days of receipt of
				the motion.
5. The moving party may
				serve and file a written reply within 5 days only if an opposition to the
				motion has been served and filed.
6. A decision on a motion will be rendered
				without oral argument unless oral argument is requested by the Board. If so
				requested, the Board will set a date and time for a hearing.
Bd. of Oriental Med.,
				  Rule 6, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.400 - Filing

Current through June 11, 2024
An original and two legible copies of all pleadings, motions
				  or other papers must be filed with the Board. The Board may direct that a copy
				  of a pleading be made available by the party filing it to any other person whom
				  the Board determines may be affected by the proceeding and who desires a copy
				  of the pleading.
Bd. of Oriental Med.,
				  Rule 7.1, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Pleadings, Motions and Other Papers › Section 634A.410 - Service of process

Current through June 11, 2024
Except as otherwise provided by specific statute or
				  regulation, all notices, opinions and documents required to be served by the
				  Board, other than decisions or orders, and all documents filed by any party
				  must be served in accordance with the provisions of Rule 4 of the Nevada Rules
				  of Civil Procedure.
Bd. of Oriental Med.,
				  Rule 7.2, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.430 - Hearings held before Board: Location; notice

Current through June 11, 2024
1. Hearings
				will be held at such place in the State as is designated by the Board in the
				notice of the hearing.
2. A hearing
				which has previously been continued may be reset on notice of at least 10
				days.
Bd. of Oriental Med.,
				  Rule, 8.1, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.440 - Continuances

Current through June 11, 2024
1. The Board may, before a hearing or during
				a hearing, on a proper showing of good faith, grant a request for a continuance
				for the submission of further or additional proof of any subject that is
				relevant to the hearing.
2. A
				request for a continuance before a hearing must be received within 7 business
				days before the date scheduled for the hearing.
Bd. of Oriental Med.,
				  Rule 8.10, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.450 - Failure of party to appear

Current through June 11, 2024
1. If a party fails
				to appear at a hearing scheduled by the Board and no continuance has been
				requested or granted, the Board may hear the evidence of such witnesses as may
				have appeared and the Board may proceed to consider the matter and dispose of
				it on the basis of the evidence before it.
2. If, because of accident, sickness or other
				reasonable cause, a person fails to appear for a hearing scheduled by the Board
				or fails to request a continuance thereof, the person may, within a reasonable
				period of time not to exceed 15 days, apply to the Executive Director to reopen
				the proceedings, and the Board, upon finding such cause sufficient and
				reasonable, will immediately fix a time and place for a hearing and give the
				person notice thereof. At the time and place fixed, the person may testify in
				his or her own behalf or present such other evidence as may be beneficial to
				his or her cause. Witnesses who have previously testified are not required to
				appear at the second hearing unless so directed by the Board.
Bd. of Oriental Med.,
				  Rule 8.2, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.460 - Subpoenas

Current through June 11, 2024
1. Subpoenas requiring the attendance of a
				witness at a hearing may be issued by the Board upon application in
				writing.
2. Subpoenas for the
				production of documents, books or other records, unless issued by the Board on
				its own motion, will be issued only upon application in writing. The
				application must specify, as clearly as possible, the documents, books or other
				records desired.
3. The Board, at
				or before the time specified in the subpoena for compliance therewith, may:
(a) Quash the subpoena if it is unreasonable
				or oppressive; or
(b) Condition
				denial of a motion upon the advancement by the person in whose behalf the
				subpoena is issued of the reasonable cost of producing the documents, books or
				other records desired.
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.470 - Testimony must be under oath

Current through June 11, 2024
All testimony to be considered by the Board in a formal
				  hearing, except matters noticed officially or entered by stipulation, must be
				  sworn testimony. Before taking the witness stand, each person shall swear (or
				  affirm) that the testimony he or she is about to give in the hearing is the
				  truth, the whole truth and nothing but the truth.
Bd. of Oriental Med.,
				  Rule 8.4, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.480 - Preliminary procedure

Current through June 11, 2024
The presiding member of the Board shall call the proceeding
				  or hearing to order and proceed to take the appearances and act upon any
				  pending motions. The parties may then make opening statements.
Bd. of Oriental Med.,
				  Rule 8.3, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.490 - Presentation of evidence

Current through June 11, 2024
1. Applicants,
				petitioners or complainants may present their evidence and then such parties as
				may be opposing the application, petition or complaint, may submit their proof.
				The presiding member of the Board shall determine the order in which any
				intervener may introduce his or her evidence. Evidence will ordinarily be
				received from the parties in the following order:
(a) Upon applications and petitions:
(1) Applicant or petitioner;
(2) Board's staff;
(3) Intervener; and
(4) Rebuttal by the applicant or the
				petitioner.
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.500 - Consolidation

Current through June 11, 2024
1. The Board may consolidate two or more
				proceedings in any one hearing when it appears that the issues are
				substantially the same and that the interests of the parties will not be
				prejudiced by the consolidation.
2.
				At any consolidated hearing, the presiding member of the Board shall determine
				the order in which all the parties may introduce their evidence and which party
				or parties may open and close.
Bd. of Oriental Med.,
				  Rule 8.6, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.510 - Stipulations

Current through June 11, 2024
1. With the approval of the presiding member
				of the Board, the parties may stipulate as to any fact at issue, either by
				written stipulation introduced in evidence as an exhibit or by oral statements
				shown upon the record.
2. Any
				stipulation is binding upon all parties so stipulating and may be regarded by
				the Board as evidence at the hearing. The Board may require proof by evidence
				of the facts stipulated to, notwithstanding the stipulation of the
				parties.
Bd. of Oriental Med.,
				  Rule 8.7, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.520 - Official notice of Board

Current through June 11, 2024
The Board may take official notice of judicially cognizable
				  facts and of recognized technical or scientific facts within the Board's
				  specialized knowledge, including:
1.
				Regulations, official reports, decisions and orders of the Board or any other
				regulatory agency of this State.
2.
				The Nevada Revised Statutes.
3.
				Certificates and permits issued by the Board.
4. Matters of common knowledge and technical
				or scientific facts of established character.
5. Official documents, if:
(a) The documents are pertinent and properly
				introduced into the record by reference;
(b) Proper and definite reference to the
				documents is made by the party offering them; and
(c) The documents are published and generally
				circulated so that an opportunity is given to all the parties of interest to
				the hearing to examine them and present rebuttal evidence.
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.530 - Briefs

Current through June 11, 2024
1. In any hearing, the Board may order briefs
				to be filed within such time as may be allowed by the Board.
2. Three copies of any requested brief must
				be filed with the Board and must be accompanied by an acknowledgment of service
				or a certificate of mailing on other parties of record.
3. The Board may, following the filing of
				briefs or upon contested motions, set the matter for oral argument. Ten days
				notice thereof, unless the Board deems a shorter time advisable, will be given
				to all parties of record.
Bd. of Oriental Med.,
				  Rule 8.11, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.540 - Decisions and orders

Current through June 11, 2024
1. A proceeding is
				submitted for decision by the Board after the taking of evidence, the filing of
				briefs or the presentation of such oral argument as may have been permitted by
				the Board.
2. Orders or decisions
				will be rendered within 90 days of the completion of the hearing.
3. Additional copies of orders may be
				obtained upon written request.
Bd. of Oriental Med.,
				  Rule 9, eff. 7-26-77
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Hearings › Section 634A.550 - Records of hearings

Current through June 11, 2024
1. A record of a
				hearing will be kept by either a mechanical or electronic device.
2. A copy of the record will be made
				available to any person upon his or her request and at his or her
				expense.
Bd. of Oriental Med.,
				  Art. XI § 6, eff. 4-26-74
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Declaratory Orders and Advisory Opinions › Section 634A.560 - Petition; issuance of order or opinion

Current through June 11, 2024
1. A petition for a
				declaratory order or an advisory opinion may be filed only by a holder of or
				applicant for a license or certificate.
2. The original and seven copies of the
				petition must be filed with the Executive Director not less than 10 days before
				the next regularly scheduled meeting of the Board. The petition must be
				submitted to the Board at that meeting. Within 30 days after the meeting, the
				Board will issue its declaratory order or advisory opinion.
Bd. of Oriental Med.,
				  Rule 11, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 634A - Oriental Medicine › PRACTICE BEFORE STATE BOARD OF ORIENTAL MEDICINE › Adoption, Filing, Amendment or Repeal of Regulations › Section 634A.570 - Petition

Current through June 11, 2024
1. A petition requesting the adoption,
				filing, amendment or repeal of any regulation must be in writing.
2. The original and seven copies of the
				petition must be filed with the Board.
Bd. of Oriental Med.,
				  Rule 12, eff. 7-26-77-NAC A by R071-02,
				  11-25-2002
NRS 634A.070
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.001 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise
				requires:
1. "Board" means the State
			 Board of Podiatry.
2. "Presiding
			 officer" means a member of the Board who presides at a hearing.
3. "Provisional licensee" means a person who
			 is licensed by the Board to practice podiatry pursuant to
			 NRS
			 635.082.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86; A 2-28-97; R180-08,
				2-11-2009
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.010 - Meetings of the Board

Current through June 11, 2024
The Board will meet on the dates set by the President or an
				officer of the Board authorized by the President.
Bd. of Podiatry, §
				1, eff. 7-1-65-NAC A 10-17-86
NRS 635.010
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.023 - Photographs and fingerprints required with application

Current through June 11, 2024
1. An applicant for licensure must provide
			 two photographs of himself or herself in full face which were taken within the
			 previous 6 months. Each photograph must measure 2 inches by 2 inches.
2. An applicant for licensure must provide to
			 the Board:
(a)A complete set of
			 fingerprints;
(b)A fee for the
			 processing of the fingerprints of the applicant that is equal to the actual
			 costs charged by the Central Repository for Nevada Records of Criminal History
			 and the Federal Bureau of Investigation for processing the fingerprints of the
			 applicant; and
(c)Written
			 permission authorizing the Board to forward those fingerprints to the Central
			 Repository for submission to the Federal Bureau of Investigation for its
			 report. The Board may exchange with the Federal Bureau of Investigation any
			 information relating to the fingerprints of an applicant pursuant to this
			 section.
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.025 - Fees for applications

Current through June 11, 2024
The fee required for:
1. An application for a license to practice
			 as a podiatrist is $600;
2. An
			 application for a license to practice as a podiatry hygienist is $100;
			 and
3. An application for a license
			 to practice as a provisional licensee is $400.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86; A 11-6-90; 2-28-97; R092-02, 9-20-2002; R180-08,
				2-11-2009
NRS
				  635.030,
				  635.050,
				  635.082,
				  635.093
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.030 - Refund of fee for application for licensure as podiatrist

Current through June 11, 2024
The Board will refund to an unqualified applicant for licensure
				as a podiatrist all of the fees paid in connection with his or her application
				except $100.
Bd. of Podiatry, §
				6, eff. 7-1-65-NAC A 11-23-92; R180-08, 2-11-2009
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.032 - Podiatry hygienists: Requirements for license; performance of certain tasks under supervision in podiatric physician's office; authority to take and develop X-rays under certain circumstances

Current through June 11, 2024
1. A
			 person who wishes to obtain a license as a podiatry hygienist must apply to the
			 Board in the form prescribed by the Board. The application must include,
			 without limitation, proof that the applicant meets the requirements set forth
			 in
			 NRS
			 635.093, including, if applicable, the
			 certification described in subsection 3.
2. The Board will post on its Internet
			 website a list of courses for podiatry hygienists that may be taken to satisfy
			 the course requirement set forth in paragraph (b) of subsection 1 of
			 NRS
			 635.093.
3. To satisfy the requirement for training in
			 a podiatric physician's office set forth in paragraph (b) of subsection 1 of
			 NRS
			 635.093, a person must complete at least 960
			 hours of supervised training that includes, without limitation, training
			 concerning the performance of each task described in
			 NRS
			 635.098. Performance of any such task by a
			 trainee must be at the direction and under the supervision of the supervising
			 podiatric physician. Training concerning taking and developing X-rays must
			 include, without limitation, training concerning the manner in which to
			 minimize exposure to radiation to a dose that is as low as reasonably
			 achievable. Upon completion of the training described in this subsection, the
			 supervising podiatric physician must certify completion of the training and
			 that the trainee is competent to perform each task described in
			 NRS
			 635.098.
4. A podiatry hygienist or person receiving
			 training described in subsection 3 may take and develop X-rays only upon the
			 request of a supervising podiatric physician after the podiatric physician has
			 determined that the X-rays are appropriate for the patient. The podiatry
			 hygienist or person receiving training, as applicable, shall take any necessary
			 action to minimize exposure to radiation to himself or herself, the patient and
			 any other person to a dose that is as low as reasonably achievable.
Added to NAC by Bd. of
				Podiatry by R025-19, eff. 10-30-2019
NRS
				  635.030,
				  635.099
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.050 - Authority of Board following revocation or suspension of podiatrist's license in another state

Current through June 11, 2024
1. The Board may,
			 if it deems it appropriate, deny the application to practice podiatry of a
			 person who has had a similar license to practice revoked or suspended in
			 another state.
2. The Board may, if
			 it deems it appropriate, take disciplinary action against a podiatrist licensed
			 in this state if he or she holds a similar license to practice in another state
			 and that license is revoked or suspended.
Bd. of Podiatry, §
				9, eff. 7-1-65-NAC A 11-23-92
NRS
				  635.030,
				  635.065
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.065 - Additional requirement for provisional license

Current through June 11, 2024
In addition to the requirements set forth in
				NRS
				635.082, an applicant for a provisional
				license to practice podiatry must submit to the Board satisfactory proof that
				he or she has been accepted into a residency program which has been approved or
				provisionally approved by the Board and is located within the State of
				Nevada.
Added to NAC by Bd. of
				Podiatry, eff. 2-28-97; A by R180-08, 2-11-2009
NRS
				  635.030,
				  635.082
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.075 - Performance by provisional licensee of duty, task or function; limitation

Current through June 11, 2024
1. A provisional licensee who participates in
			 a residency program which has been approved or provisionally approved by the
			 Board may perform any duty, task or function that his or her supervising
			 podiatrist determines to be appropriate for his or her educational
			 advancement.
2. A provisional
			 licensee shall not practice podiatry in a manner not specifically authorized by
			 the residency program in which he or she participates.
Added to NAC by Bd. of
				Podiatry, eff. 2-28-97; A by R180-08, 2-11-2009
NRS
				  635.030,
				  635.082
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.080 - Conditional approval of residency program: Submission of documents to Board; review of program

Current through June 11, 2024
1. The Board will
			 conditionally approve a residency program if the director of the residency
			 program submits to the Board, not later than 3 months before the projected date
			 of commencement of the residency program:
(a)Proof that the residency program has
			 received the preliminary approval of the Council on Podiatric Medical Education
			 of the American Podiatric Medical Association.
(b)An outline of the residency program which
			 includes, without limitation:
(1)The name of
			 the director of the residency program;
(2)The name of each medical facility
			 associated with the residency program;
(3)The name of each provider of health care
			 associated with the residency program;
(4)The projected number of times that a
			 resident will provide to a patient each of the medical services set forth in
			 subsection 1 of
			 NRS
			 635.085; and
(5)A description of the rotations required of
			 each resident in the residency program, including, without limitation, the
			 location of each rotation and the length of time that a resident must spend in
			 each rotation.
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.085 - Final approval of residency program

Current through June 11, 2024
The Board will give final approval of a residency program
				which:
1. Is conducted in a medical
			 facility which conforms to the minimum standards for residency training
			 established and approved by the Board;
2. Is offered by a medical facility within
			 the State of Nevada which is accredited by the American Podiatric Medical
			 Association;
3. Is given
			 conditional approval and is operated in accordance with the outline of the
			 program established pursuant to NAC 635.080; and
4. Is approved by the Council on Podiatric
			 Medical Education of the American Podiatric Medical Association.
Added to NAC by Bd. of
				Podiatry, eff. 2-28-97; A by R180-08, 2-11-2009
NRS
				  635.030,
				  635.082
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.092 - "Residency approved by the Board" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				635.050, the Board will interpret a
				"residency approved by the Board" to include a program which has received
				conditional approval pursuant to NAC 635.080 only after the Board approves the
				program pursuant to NAC 635.085.
Added to NAC by Bd. of
				Podiatry, eff. 2-28-97; A by R180-08, 2-11-2009
NRS
				  635.030,
				  635.050,
				  635.082
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.095 - "Licensee" interpreted

Current through June 11, 2024
For the purposes of
				NRS
				635.130, the Board will interpret "licensee"
				to include a provisional licensee and a holder of a limited license to practice
				podiatry.
Added to NAC by Bd. of
				Podiatry, eff. 2-28-97; A by R180-08, 2-11-2009
NRS
				  635.030,
				  635.075,
				  635.082,
				  635.130
Nevada Administrative Code › Chapter 635 - Podiatry › GENERAL PROVISIONS › Section 635.098 - Adoption by reference of Code of Ethics

Current through June 11, 2024
The Board hereby adopts by reference the
Code of
				Ethics
, April 2005, adopted by the American Podiatric Medical
				Association, except that the Association Ethics Rules AE1.0 Conflict of
				Interest, AE2.0 Confidentiality and AE3.0 Commercial Relationships are deleted.
				A copy of this publication may be obtained, free of charge, by mail from the
				American Podiatric Medical Association, Inc., 9312 Old Georgetown Road,
				Bethesda, Maryland 20814-1621, or by telephone at (301)
				581-9200.
Added to NAC by Bd. of
				Podiatry by R180-08, eff. 2-11-2009
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.100 - Appearance by members of Board's staff

Current through June 11, 2024
The members of the Board's staff may appear at any proceeding
				and participate as a party.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.110 - Appearance by party to proceeding

Current through June 11, 2024
A party who has not previously entered an appearance may do so
				at the beginning of a hearing, or at any time designated by the presiding
				officer, by giving his or her name and address and stating his or her position
				or interest to the presiding officer. The information must be entered in the
				record of the hearing.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.120 - Service of documents; withdrawal of attorney

Current through June 11, 2024
1. If a
			 party is represented by an attorney, any document, other than a complaint or a
			 notice of hearing which is required to be served upon any party, must be served
			 upon his or her attorney. Service on the attorney is service upon the
			 party.
2. If a party is not
			 represented by an attorney, service by mail must be made to the last known
			 address of the party.
3. An
			 attorney of record wishing to withdraw from a proceeding before the Board
			 shall, in writing, immediately notify the Board and all parties to the
			 proceeding of his or her withdrawal.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.130 - Error or defect in pleadings or proceedings

Current through June 11, 2024
The presiding officer shall, at every stage of any proceeding,
				disregard an error or defect in the pleading or proceeding which does not
				affect the substantial rights of the parties.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.140 - Form of petitions

Current through June 11, 2024
A petition for affirmative relief, a declaratory order or an
				advisory opinion must be in writing, contain the petitioner's full name and
				mailing address and be signed by him or her.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.150 - Complaints: Citations; joinder

Current through June 11, 2024
1. Any statute,
			 regulation or order referred to in a complaint must be accompanied by a
			 complete citation to that statute, regulation or order.
2. Two or more persons filing a complaint
			 with the Board may join in one complaint if their complaints are against the
			 same person and deal substantially with the same violation of chapter 635 of
			 NRS or of a regulation of the Board.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030,
				  635.130,
				  635.158
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.160 - Decision to proceed with hearing; response to complaint

Current through June 11, 2024
If the Board, after reviewing a complaint, decides to proceed
				with a hearing, it will send a copy of the complaint to each person against
				whom the complaint is made. A response to the complaint must be filed within 20
				days after receipt of the complaint.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030,
				  635.130,
				  635.158
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.170 - Motions; oral argument

Current through June 11, 2024
1. Unless it is
			 made during a hearing, a motion must be made in writing. Each written motion
			 must state the relief sought and the grounds for the motion.
2. A party opposing a motion may file with
			 the Board a written response to it and serve a copy of the response on the
			 party making the motion. The party who made the motion may file with the Board
			 a written reply to the response and serve a copy of the reply on the party
			 making the response.
3. If the
			 Board requires oral argument it will set a date and time for hearing the
			 argument.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.180 - Copies of pleadings, motions or other documents

Current through June 11, 2024
Except for a complaint, an original and seven legible copies of
				each pleading, motion or other document related to the proceeding must be filed
				with the Board. The person filing any pleading or motion with the Board shall
				make a copy of it available to any other person who the Board determines is
				affected by the proceeding and who desires a copy.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030,
				  635.158
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.190 - Service of documents

Current through June 11, 2024
Except for a complaint and the notice of a hearing, every
				document required to be served by or upon the Board or other party must be
				served personally or by mail. Service by mail shall be deemed complete when the
				document, properly addressed and stamped, is deposited in the United States
				mail.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030,
				  635.158
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.200 - Notice of hearing

Current through June 11, 2024
Except for the notice of hearing on a complaint, the Board will
				serve notice of a hearing at least 20 days before the day of the hearing. Any
				hearing which has been continued may be reconvened after a notice of at least 3
				days.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  233B.121,
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.210 - Failure to appear at hearing

Current through June 11, 2024
1. If a party fails
			 to appear at a hearing scheduled by the Board and no continuance has been
			 required or granted, the Board will hear the testimony of the witnesses who
			 have appeared and proceed to consider the matter and dispose of it on the basis
			 of the evidence before it.
2. If a
			 person fails to appear at a hearing or to request a continuance of the hearing,
			 he or she may, within 15 days after the date originally set for the hearing,
			 apply to the Board to reopen the proceedings. If the Board finds sufficient
			 cause, it will set a new time and place for the hearing. Any witness who has
			 previously testified may be required by the Board to appear at the second
			 hearing.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.220 - Commencement of proceedings

Current through June 11, 2024
The presiding officer shall call the proceeding to order, take
				the appearances and act upon any pending motions or petitions. The parties may
				then make opening statements.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.230 - Conduct of parties, counsel and spectators at hearing

Current through June 11, 2024
At a hearing before the Board, all parties, their counsel and
				any spectators shall conduct themselves in a respectful manner.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.240 - Order of hearing evidence

Current through June 11, 2024
1. In a hearing
			 before the Board, evidence will be heard in the following order:
(a)For an application or petition:
(1)From the applicant or
			 petitioner.
(2)From a member of the
			 Board's staff.
(3)From a party
			 protesting the application or petition.
(4)Rebuttal by applicant or
			 petitioner.
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.250 - Consolidation of proceedings

Current through June 11, 2024
The presiding officer may consolidate two or more proceedings
				if it appears that the issues are substantially the same and the interests of
				the parties will not be prejudiced by the consolidation.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.260 - Stipulation

Current through June 11, 2024
With the approval of the presiding officer, the parties may
				stipulate to any fact at issue, either by a written stipulation introduced in
				evidence as an exhibit or by an oral statement shown upon the record. The
				presiding officer may require proof of the facts to which the parties
				stipulated.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.270 - Briefs: Time for filing; service upon parties

Current through June 11, 2024
The Board may request that briefs be filed within a specified
				time. A brief must be served upon all parties to the proceeding.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030
Nevada Administrative Code › Chapter 635 - Podiatry › PROCEEDINGS BEFORE BOARD › Section 635.280 - Informal hearing

Current through June 11, 2024
The Board may hold an informal hearing to mediate a controversy
				between two licensees or a licensee and a member of the Board's staff.
Added to NAC by Bd. of
				Podiatry, eff. 10-17-86
NRS
				  635.030