reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.680 - Motions

Current through June 11, 2024
1. Any request for an order by the Authority,
				except for an order to allow intervention or an order to show cause, concerning
				any matter that has been assigned a docket number but has not been finally
				decided by the Authority must be styled a "motion."
2. A motion must be in writing unless made
				during a hearing. If a motion is made during a hearing, the motion may be
				written or oral. Oral motions must be timely made.
3. The presiding officer may order the
				parties to file one or more affidavits in support or contravention of a motion
				which has been made.
4. A motion
				must include, without limitation, citations of any authorities upon which the
				motion relies.
5. A written motion
				must be filed with the Authority and served upon all parties of
				record.
6. The presiding officer
				may direct that any motion made at a proceeding be reduced to writing, and
				filed and served in accordance with this section.
7. A motion that involves the final
				determination of a proceeding, including, without limitation, a motion to
				dismiss, will be considered by the Authority at the time of the final decision
				and order, unless the presiding officer or the Authority determines that an
				expedited ruling would be in the public interest.
8. The presiding officer may rule on any
				motion made at a hearing which does not constitute a final determination of the
				proceeding.
9. A written motion,
				other than one made during a proceeding, must be served not later than 10 days
				before the date set for the hearing unless a different time is specified by the
				presiding officer.
10. Motions
				filed by different parties of record but involving the same point of law may be
				set for hearing at the same time.
11. For the purposes of this section, "party
				of record" includes, without limitation, all persons who have filed petitions
				for leave to intervene which are pending at the time a motion is to be filed or
				served.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.685 - Response to motions

Current through June 11, 2024
1. Any party of
				record against whom a motion is directed may file a response to the motion. A
				response must be in writing unless made during a hearing. If made during a
				hearing, a response may be written or oral.
2. A written response must be:
(a) Served upon each party of
				record.
(b) Filed with the
				Authority not later than 7 days after receipt of service of the motion, unless
				otherwise directed by the presiding officer.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.690 - Requirements for format; signature; request for hearing

Current through June 11, 2024
1.
				Pleadings must:
(a) Be properly
				titled.
(b) Be signed in ink or
				electronically by each party or an authorized person.
(c) Include the name and address of each
				party and, if represented, the name, address and telephone number of the
				authorized representative or attorney of the party.
(d) Except an initial pleading, clearly
				identify the proceeding by title and docket number.
(e) Set forth a clear and concise statement
				of the matters relied upon as a basis for the action or relief requested and an
				appropriate prayer.
(f) Be
				typewritten, printed or reproduced in at least 12-point type on good quality
				white paper, which is approximately 8 1/2 by 11 inches in size. Except as
				otherwise provided in subsection 1 of section 107 of this regulation, any
				exhibit or appendix accompanying the pleading must be folded to this size.
				Information must be presented on only one side of the paper and must be double
				spaced, except for footnotes or quotations which are indented. All copies must
				be clear and permanently legible.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.695 - Filing

Current through June 11, 2024
Except as otherwise provided in this section, the original of
				  all pleadings and such additional legible copies as requested by the staff of
				  the Authority must be filed at the office of the Authority in Las Vegas. The
				  staff of the Authority may not request more than nine additional copies of
				  pleadings. If a written protest is made, only the original is required to be
				  filed. The presiding officer may require the parties to file additional copies
				  if needed.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.700 - Answers

Current through June 11, 2024
1. A party to a proceeding who desires to
				contest a petition, an order to show cause or a complaint or make any
				representation about it to the Authority may file an answer with the
				Authority.
2. An answer to an order
				to show cause or a complaint must:
(a) Be in
				writing; and
(b) Specifically admit
				or deny each material allegation and state any new matter constituting a
				defense. Matters alleged by way of an affirmative defense must be separately
				stated and numbered.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.705 - Answers to petition

Current through June 11, 2024
An answer to a petition must:
1. Be in writing;
2. Be written so as to advise the Authority
				and parties of record fully of the nature of the answer;
3. Contain a separate statement and number
				for each material element of the answer;
4. Be signed by the answering party or, if
				represented, by his or her attorney or other authorized
				representative;
5. Include the full
				name, address and telephone number of the answering party; and
6. Be filed with the Authority within 15 days
				after service of the petition to which the answer is directed, unless the
				Authority shortens or extends this time.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.710 - Protests

Current through June 11, 2024
1. Any objection by a person, who is not a
				party of record, to an application, petition or other matter must be styled a
				"protest."
2. A written protest
				must legibly set forth a clear statement of the matter to which an objection is
				made.
3. The Authority will make
				available a copy of a written protest to the parties against whom it is
				directed.
4. Even if a hearing on a
				written protest is not required by law, the Authority will notify the parties
				of record and hold such a hearing if the public interest will be
				served.
5. A protest at a hearing
				may be oral or written.
6. At a
				hearing, the presiding officer shall allow any protestant to enter an
				appearance in the proceeding. A protestant who desires to participate as a
				party of record in a proceeding must file a written petition for leave to
				intervene unless the presiding officer upon good cause shown allows an oral
				petition for leave to intervene. A protestant is entitled to participate as a
				party of record only to the extent that leave to intervene is
				granted.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.715 - Service of process

Current through June 11, 2024
1. All documents
				required to be served on a party by any other party may be served in person or
				by mail. If the service is by mail, the service is complete when a true copy of
				the document, properly addressed and stamped, is deposited in the United States
				mail.
2. After the commencement of
				a proceeding, a copy of each pleading to be filed with the Authority must be
				served by the pleading party on every other party of record. If a party of
				record is represented by an authorized representative or an attorney, service
				must be made on that representative or attorney. Service must be made before or
				concurrently with the filing of the pleading with the Authority.
3. Upon the advance request of another party,
				a party serving a document shall telephone the requesting party when the
				document is ready to be served so that it may be accepted personally by the
				requesting party in lieu of service by mail.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Pleadings › Section 706B.720 - Proof of service

Current through June 11, 2024
There must appear on all documents required to be served an
				  acknowledgment of receipt of service or the following certificate:
I hereby certify that I have this day served the foregoing
				  document upon all parties of record in this proceeding (by delivering a copy
				  thereof in person to ......................... ) by mailing a copy thereof,
				  properly addressed, with postage prepaid to ......................... .
Dated at ..................., this ......... day of
				  ................. , ......... .
..................................................................
Signature
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.730 - Oral or informal written complaints: Disposition

Current through June 11, 2024
1. The
				staff of the Authority shall attempt to resolve any oral or informal written
				complaint made by a customer against an autonomous vehicle network company or
				broker.
2. The staff of the
				Authority may request that the customer provide a written confirmation of an
				oral complaint.
3. The staff of the
				Authority shall, within 20 days after receiving an informal written complaint,
				send a copy of the complaint to the autonomous vehicle network company or
				broker against which the complaint is made. The staff may require the
				autonomous vehicle network company or broker to file a response to the informal
				written complaint with the staff pursuant to section 90 of this
				regulation.
4. The staff of the
				Authority shall examine an oral or informal written complaint, any response and
				any other information obtained by the staff that is necessary for the
				resolution of the complaint.
5.
				After completing an investigation of the matter set forth in an oral or
				informal written complaint, the staff of the Authority shall:
(a) Notify the parties to the complaint of
				the results of the investigation; and
(b) Recommend any action that the parties
				should take to resolve the complaint.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.735 - Formal written complaints: General requirements

Current through June 11, 2024
1. A
				formal written complaint, other than a formal written complaint filed by an
				autonomous vehicle network company or broker pursuant to section 95 of this
				regulation, must:
(a) Clearly and concisely
				state the grounds of the complaint and the facts constituting the alleged
				wrongful acts or omissions;
(b) Be
				accompanied by copies of all supporting documents, including, without
				limitation, invoices, bills of lading, cancelled checks and statements of
				account;
(c) Include the name and
				address of the complainant and, if he or she is being represented by an
				attorney or other authorized representative, the name, address and telephone
				number of the attorney or authorized representative;
(d) Include the name of the autonomous
				vehicle network company or broker against whom the complaint is being
				made;
(e) Include the date of each
				act or omission that is the subject of the complaint;
(f) Include the nature of the relief sought;
				and
(g) Include the signature of
				the complainant or the attorney or authorized representative of the
				complainant.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.740 - Response

Current through June 11, 2024
1. An autonomous vehicle network company or
				broker which receives a request for a response to a complaint shall file with
				the staff of the Authority a written response to the request within 15 days
				after receiving the complaint unless, for good cause shown, the staff extends
				the time for responding.
2. The
				response must include, without limitation:
(a)
				A statement that the respondent has successfully resolved the complaint;
				or
(b) A detailed admission or
				denial of each material allegation of the complaint and a full statement of the
				facts and matters of law relied upon as a defense.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.745 - Formal written complaint: Investigation and recommendation of action by staff of Authority

Current through June 11, 2024
1. When the staff
				of the Authority receives a response to a formal written complaint, it shall
				examine the complaint, the response and any other information it has obtained
				which is necessary for the resolution of the complaint.
2. After completing an investigation of the
				matter set forth in the formal written complaint, the staff of the Authority
				shall notify all parties of the results of the investigation and shall
				recommend any action that the parties should take to resolve the
				complaint.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.750 - Formal written complaint: Transmittal of unresolved complaint and other information to Authority

Current through June 11, 2024
1. If the staff of
				the Authority cannot resolve a formal written complaint, either because it
				determines that the complaint cannot be resolved or the complainant is not
				satisfied with the recommendation of the staff, the staff shall inform all
				parties that the complaint has been transmitted to the Authority for
				review.
2. In addition to
				transmitting the formal written complaint, the results of its investigation and
				its recommendation to the Authority, the staff of the Authority shall transmit:
(a) The reasons for the complaint;
(b) The position taken by the respondent;
				and
(c) Any interim action taken by
				the staff. The staff shall send this additional information to the complainant
				and respondent.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.755 - Formal written complaint: Dismissal

Current through June 11, 2024
If the Authority determines that no probable cause exists for
				  a formal written complaint received by the staff of the Authority or if the
				  complaint has been settled and the Authority has received notice of the
				  settlement, the Authority will dismiss the complaint. A copy of the entry in
				  the minutes of the Authority showing the dismissal of the complaint by the
				  Authority and a short statement of the reasons for the dismissal will be served
				  upon the complainant and respondent.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.760 - Formal written complaint: Public hearing and interim relief if probable cause exists

Current through June 11, 2024
If the Authority determines that probable cause exists for a
				  formal written complaint received by the staff of the Authority, it
				  will:
1. Set a date for a public
				hearing on the complaint.
2. Order
				appropriate interim relief If the complaint relates to bills or deposits, the
				Authority, without hearing or formal order and in the absence of unusual
				circumstances, will, upon such terms and conditions as it deems appropriate,
				forbid discontinuance of service or the issuance of any notice of
				discontinuance during the investigation of the complaint.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Complaints › Section 706B.765 - Formal written complaints filed by autonomous vehicle network companies or brokers

Current through June 11, 2024
1. The Authority
				will directly investigate any formal written complaint filed by an autonomous
				vehicle network company or broker.
2. Such a complaint must be in writing and
				contain:
(a) The name and address of the
				complainant and, if represented, the name, address and telephone number of his
				or her attorney or other authorized representative.
(b) The name of the autonomous vehicle
				network company or broker against which the complaint is made.
(c) A complete statement of the grounds for
				the complaint, including whenever possible, reference to each statute or
				regulation which is alleged to have been violated
(d) The date of each act or omission
				complained of
(e) The nature of the
				relief sought. The formal written complaint must be signed by the complainant
				or, if represented, by his or her attorney or other authorized
				representative.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.770 - Prehearing conference

Current through June 11, 2024
1. If a proceeding
				appears to involve complex or multiple issues, the presiding officer may hold a
				prehearing conference to accomplish one or more of the following purposes:
(a) Formulate or simplify the issues involved
				in the proceeding.
(b) Obtain
				admissions of fact or any stipulation of the parties.
(c) Arrange for the exchange of proposed
				exhibits or prepared expert testimony.
(d) Identify the witnesses and the subject
				matter of their expected testimony and limit the number of witnesses, if
				necessary.
(e) Rule on any pending
				procedural motions, motions for discovery or motions for protective
				orders.
(f) Establish a schedule
				for the completion of discovery.
(g) Establish any other procedure which may
				expedite the orderly conduct and disposition of the proceedings.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.775 - Notice of hearing

Current through June 11, 2024
1. In addition to
				complying with the requirements of
				NRS
				233B.121 for a notice of hearing in a
				contested case, the Authority will include the words "notice of hearing" in any
				such notice.
2. The Deputy
				Commissioner shall file or cause to be filed an affidavit of publication with
				the Authority.
3. The Authority
				will cause such a notice to be published in an advertisement of at least 1
				column inch by 3 inches, with a border on all sides, in newspapers selected as
				follows:
(a) If the Deputy Commissioner
				determines that the subject matter of the hearing will have a statewide effect,
				the notice will be published at least once in four or more newspapers of
				general circulation, which are published in this State, no two of which are
				published in the same county; or
(b) If the Deputy Commissioner determines
				that the subject matter of the hearing will have an effect on a limited number
				of counties only, the notice will be published once in a newspaper of general
				circulation published in each county where affected members of the public
				reside. If there is no newspaper published in a county where affected members
				of the public reside, the notice will be published in a county adjacent to the
				county.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.780 - Continuances

Current through June 11, 2024
The Authority or presiding officer may, for good cause,
				  either before or during a hearing, grant a continuance of the hearing for the
				  convenience of the parties or the Authority.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.785 - Failure of party to appear or respond

Current through June 11, 2024
1. If an applicant,
				petitioner, complainant or intervener fails to appear at the time and place set
				for hearing, the Authority may dismiss the application, petition, complaint or
				intervention with or without prejudice, or may, upon good cause shown, recess
				the hearing to a future date to be set by the Authority to enable the
				applicant, petitioner, complainant or intervener to attend.
2. If an applicant, petitioner, complainant
				or intervener fails to respond to a request for data from the staff of the
				Authority within 10 working days after the issuance of the request, the person
				designated by the Authority as the Deputy Commissioner shall, at the next
				regularly scheduled meeting of the Authority, move for dismissal of the
				application, petition, complaint or intervention.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.790 - Testimony under oath or affirmation

Current through June 11, 2024
All testimony to be considered by the Authority in a formal
				  hearing must be sworn testimony except for matters of which official notice is
				  taken or matters entered by stipulation. Before testifying, each witness shall
				  declare, under oath or affirmation, that the testimony he or she is to give at
				  the hearing will be the truth, the whole truth and nothing but the
				  truth.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.795 - Powers and duties of presiding officer

Current through June 11, 2024
1. The
				presiding officer shall:
(a) Call a hearing to
				order and take the appearances of the parties who are present.
(b) Hold appropriate conferences before or
				during the hearing.
(c) Receive and
				rule on the admissibility of evidence.
(d) Rule on the admissibility of amendments
				to the pleadings.
(e) Act upon any
				pending motions or petitions which do not involve a final determination of the
				proceeding.
(f) Make proposed
				opinions, findings and conclusions of law.
(g) Issue appropriate interim
				orders.
(h) Recess the hearing as
				required.
(i) Rule on all
				procedural matters.
(j) Set
				reasonable limits of time for the presentation of oral testimony.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.800 - Order of proceeding

Current through June 11, 2024
1. Applicants,
				petitioners or complainants may present their evidence first at a hearing. The
				presiding officer shall designate the stage of the proceeding at which each
				protestant or member of the staff of the Authority may be heard. Evidence must
				be received in the following order unless the presiding officer determines that
				a special circumstance requires a different order:
(a) Upon an application or petition:
(1) Applicant or petitioner;
(2) Staff of the Authority; and
(3) Rebuttal by the applicant or
				petitioner.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.805 - Conduct of hearing on proposed regulation

Current through June 11, 2024
At a hearing on a proposed regulation, the presiding officer
				  may allow the questioning of those persons submitting statements to clarify
				  testimony. The cross-examination of persons who testify is not allowed. The
				  period for comment may be extended by the Authority so that written comments on
				  statements of other persons which are offered at the hearing may be submitted
				  to the Authority.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.810 - Request for order for appearance of witness; motion to compel production of book, paper or document

Current through June 11, 2024
1. A request by a
				party of record for an order for the appearance of a witness at any designated
				place of hearing or for the production of a book, paper or document must be
				made in the form of a written motion filed with the Authority or presiding
				officer.
2. A motion for an order
				to compel the production of a book, paper or document must set forth the
				reasons which support the issuance of the order and must identify, as clearly
				as possible, the book, paper or document desired.
3. If the motion is granted, the Authority
				will issue the order or the presiding officer shall issue the order on behalf
				of the Authority. Where appropriate, the issuance of the order may be
				conditioned upon an advancement by the moving party of the reasonable cost of
				the production of books, papers or documents.
4. The Authority will or the presiding
				officer shall, upon the Authority's or the presiding officer's own initiative
				or upon a written request by the party to whom the order is directed, quash or
				modify the order if it is determined to be unreasonable or
				oppressive.
5. The Authority or
				presiding officer may, upon the Authority's or the presiding officer's own
				initiative, issue an order requiring the attendance and testimony of witnesses
				and the production of a book, paper, document or other tangible
				thing.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.815 - Objections regarding admissibility of evidence; contents of offer of proof for record

Current through June 11, 2024
1. An objection to
				the admissibility of evidence may be made by any party of record, and the
				objection must be ruled on by the presiding officer. When an objection is made
				to the admission or exclusion of evidence, the grounds relied upon must be
				stated briefly. The presiding officer shall provide an opportunity for a party
				of record to respond to an objection raised by any other party regarding the
				admissibility of evidence. The responses must be brief and state the specific
				grounds relied upon.
2. An offer of
				proof for the record must consist of a statement of the substance of the
				evidence to which an objection has been sustained.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.820 - Prepared testimony

Current through June 11, 2024
1. At the
				discretion of the presiding officer, a party to a proceeding shall submit a
				copy of prepared testimony and accompanying exhibits to be presented at a
				hearing to the Authority and to each party of record.
2. An application filed for an adjustment in
				rates must be accompanied by the prepared testimony of the applicant at the
				time of filing. If the presiding officer so orders, additional copies of the
				prepared testimony of the applicant must be provided.
3. After delivery of the prepared testimony
				to the Authority, amendments to the prepared testimony may be made upon
				approval of the Authority or presiding officer.
4. Unless otherwise directed by the presiding
				officer, prepared testimony must be supported by a signed affirmation by the
				witness and submitted to the Authority as an exhibit. If circumstances so
				require, prepared testimony may be read into the record by the witness upon
				direct examination. The admissibility of prepared testimony will be determined
				pursuant to the provisions of this chapter which govern oral
				testimony.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.825 - Documents and exhibits

Current through June 11, 2024
1. An exhibit must
				be limited in size to 8 1/2 by 11 inches when folded, unless otherwise allowed
				by the presiding officer. A copy of each documentary exhibit must be furnished
				to each party of record, and copies of each exhibit must be furnished to the
				Authority in such number as requested by the staff of the Authority or the
				presiding officer. The Authority will not or presiding officer may not request
				more than 10 copies of each documentary exhibit. A copy must be submitted to
				the court reporter or transcriber. If relevant evidence is included in a
				written or printed statement, book or document of any kind containing other
				matter not relevant and not intended to be put in evidence, the Authority will
				not or the presiding officer may not receive or admit the statement, book or
				document containing that other matter in whole. Counsel or other parties
				offering the evidence or exhibit shall present, in convenient and proper form
				for filing, a copy of the relevant portions or, at the discretion of the
				presiding officer, read these portions into the record. Any documentary
				evidence offered, whether in the form of an exhibit or introduced by reference,
				is subject to appropriate and timely objection.
2. If documents are numerous, including,
				without limitation, freight bills or bills of lading, and a party desires to
				offer into evidence more than a limited number of these documents as typical of
				the others, an orderly abstract of relevant data contained in these documents
				may be prepared and offered as an exhibit. Other parties of record may examine
				both the abstract and the source document.
3. In a proceeding involving detailed
				accounting exhibits, the presiding officer shall require each party to file
				with him or her and to serve on each party of record a copy of these exhibits
				within a specified time before the hearing to enable the parties of record to
				study the exhibits and to prepare cross-examination with reference to them. An
				amendment to an exhibit may be made after the exhibit has been filed with the
				presiding officer if it does not prejudice the rights of any party or if it
				corrects a clerical or mathematical error.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.830 - Receipt of resolutions into evidence

Current through June 11, 2024
1. A properly
				authenticated resolution of a federal or state agency or division, the
				governing body of a city, town, county, regional or other municipal corporation
				or of a chamber of commerce, board of trade, labor union, corporation,
				commercial, mercantile, agricultural or manufacturing society or other civic
				organization must be received into evidence if offered by the president,
				secretary or other proper representative of the corporation or
				organization.
2. The resolution
				will be received subject to rebuttal by adversely affected parties of record as
				to either the authenticity of the resolution or the circumstances surrounding
				its procurement. Recitals of fact contained in a resolution will only be
				received for the limited purpose of showing the expression of the official
				action of the resolving body on the matters under consideration in the
				proceeding.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.835 - Order for additional evidence or exhibits

Current through June 11, 2024
1. At
				the hearing, the presiding officer may order the presentation of further
				evidence on any issue. The presiding officer may authorize the filing of
				specific documentary evidence as a part of the record within a fixed time after
				submission of the evidence. The presiding officer shall reserve exhibit numbers
				for exhibits which are filed late.
2. After the hearing and before the entry of
				a final decision and order, the Authority or presiding officer may issue an
				order requesting the submission of additional exhibits. Such an order must:
(a) Specifically delineate the subject matter
				to be addressed
(b) Specify the
				date by which the exhibits must be submitted
(c) Require service of the exhibits upon all
				parties of record. A party of record may respond to or comment upon such
				exhibits.
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.840 - Rulings by presiding officer; referral of certain matters to Authority for determination

Current through June 11, 2024
1. All rulings made
				by the presiding officer regarding the admissibility of evidence are subject to
				review by the Authority. Any pending petition or motion that involves a final
				determination of the proceeding must be referred to the Authority for
				determination.
2. In extraordinary
				circumstances, when a prompt decision by the Authority is necessary to promote
				substantial justice, the presiding officer shall refer the matter to the
				Authority for determination and may recess the hearing pending the
				determination.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.845 - Consolidation of dockets

Current through June 11, 2024
1. The Authority
				may consolidate two or more dockets in any one hearing when it appears that the
				issues are substantially the same and that the rights of the parties will not
				be prejudiced by a consolidated hearing.
2. At a consolidated hearing, the presiding
				officer shall determine the order in which the parties introduce their evidence
				and the general procedure to be followed during the course of the consolidated
				proceeding.
3. The presiding
				officer shall apportion the costs of the hearing among the parties in a manner
				not contrary to statute.
4. Unless
				the Authority orders otherwise, the Deputy Commissioner shall place the same
				date of issuance and the same effective date, if applicable, on all orders made
				by the Authority in relation to a consolidated hearing.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.850 - Stipulations

Current through June 11, 2024
1. With the approval of the presiding
				officer, the parties may stipulate as to any fact in issue, either by written
				stipulation introduced in evidence as an exhibit or by an oral statement made
				upon the record. This stipulation is binding only upon the parties so
				stipulating and is not binding upon the Authority.
2. The stipulation may be considered by the
				Authority as evidence at the hearing. The Authority or presiding officer may
				require proof of the facts stipulated to by independent evidence,
				notwithstanding the stipulation of the parties. A stipulation without
				additional proof is not binding on the Authority in the determination of the
				matter.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.855 - Interim order

Current through June 11, 2024
The Authority or presiding officer may, in the course of a
				  proceeding and before entering a decision or a recommended decision, issue an
				  appropriate written interim order. An interim order is not subject to
				  exceptions or petitions for rehearing, reconsideration or reargument, but any
				  party of record aggrieved by the interim order may file a written motion to set
				  aside, stay or modify the order.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.860 - Official notice

Current through June 11, 2024
The Authority or presiding officer may take official notice
				  of the following matters:
1. Rules,
				regulations, official reports, decisions and orders of the Authority and any
				other agency of the State.
2.
				Contents of decisions, orders and permits issued by the Authority.
3. Matters of common knowledge and technical
				or scientific facts of established character.
4. Official documents, if pertinent and
				properly introduced into the record of formal proceedings by reference. A
				proper and definite reference to a document must be made by the party offering
				the document, and the document must be generally circulated to each party of
				record.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.865 - Briefs

Current through June 11, 2024
In a hearing, the presiding officer may order briefs to be
				  filed within a reasonable time. The original and such copies of each brief as
				  requested by the presiding officer, but not to exceed 10 copies, must:
1. Be filed with the Authority;
2. Contain all legal authority cited therein
				as exhibits; and
3. Be accompanied
				by an acknowledgment of or an affidavit showing service on each party of
				record.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.870 - Oral argument

Current through June 11, 2024
The Authority may, after the filing of briefs or upon
				  contested motions, set the matter for oral argument upon 10 days' notice to
				  each party of record, unless the Authority considers a shorter time
				  advisable.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.875 - Submission of matter for decision

Current through June 11, 2024
Unless otherwise specifically ordered, a matter stands
				  submitted for decision by the Authority at the close of the
				  hearing.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.880 - Reopening proceedings to receive additional evidence

Current through June 11, 2024
At any time after the conclusion of a hearing and before the
				  issuance of a final order, the Authority or presiding officer, on the
				  Authority's or presiding officer's own motion, may reopen the proceedings for
				  the taking of additional evidence.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.885 - Proposed findings of facts and conclusions of law; request for extension of time

Current through June 11, 2024
1. The presiding
				officer may require any party of record to file proposed findings of fact and
				conclusions of law at the close of the proceeding. The presiding officer shall
				fix the period within which these proposed findings and conclusions must be
				filed. No decision, report or recommended order may be made until after the
				expiration of this period.
2. Each
				proposed finding of fact and conclusion of law must be clearly and concisely
				stated and numbered. Each proposed finding of fact must specifically show, by
				appropriate references to the transcript, the testimony which supports the
				statement.
3. An original and such
				copies of proposed findings of fact and conclusions of law, accompanied by a
				certificate of service, as requested by the presiding officer must be filed by
				each party with the Authority, and one copy must be served upon each party of
				record. A presiding officer may not request more than 10 copies of proposed
				findings of fact and conclusions of law.
4. Any party of record may petition the
				Authority for an extension of time in which to file proposed findings of fact
				and conclusions of law.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.890 - Date of issuance and effective date of order

Current through June 11, 2024
1. The date of
				the issuance of an order of the Authority is the day on which the Deputy
				Commissioner signs and verifies the order and affixes the seal of the Authority
				on the order. The Deputy Commissioner shall mail or deliver copies of the order
				to the parties of record not later than 1 day after the date of issuance. The
				date of issuance of an order may or may not be the day on which the Authority
				makes the decision. The Deputy Commissioner shall clearly indicate on each
				order the date of its issuance.
2.
				Unless otherwise specifically provided in the order, an order of the Authority
				is effective as of the date of its issuance.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )
Nevada Administrative Code › Chapter 706B - TRANSPORTATION AUTHORITY › PRACTICE BEFORE NEVADA TRANSPORTATION AUTHORITY › Hearings › Section 706B.895 - Copies of transcripts

Current through June 11, 2024
Any party may obtain a copy of the transcript of a hearing
				  before the Authority from the official reporter upon payment of the fees fixed
				  therefor. Each transcript must include an index of each exhibit presented at
				  the hearing and copies of each exhibit. The original and two copies of each
				  transcript must be provided to the Authority by the initiating party within 15
				  business days after the close of the hearing unless otherwise ordered by the
				  presiding officer.
Added to
				  NAC by Nev. Transportation Auth. by
				  R135-17AP,
				  eff. 8/30/2018
section 14.37 of
				  Assembly Bill No. 69, chapter 608, Statutes of Nevada 2017, at page 4472 (NRS
				  706B.080 )