Nevada Administrative Code › Chapter 632 - Nursing › DISCIPLINARY ACTION AND PRACTICE BEFORE THE BOARD › Section 632.9255 - Procedure for hearing; transcript of proceedings; burden of proof

Current through June 11, 2024
1. Except as otherwise provided in this
			 section, a hearing in a contested case will be conducted in the following
			 order:
(a) The hearing will be called to order
			 by the President of the Board or the appointed hearing officer.
(b) Introduction of the parties and members
			 of the Board or the appointed hearing officer will be made.
(c) The complaint and notice of hearing will
			 be placed in evidence.
(d) The
			 parties will be asked whether they wish to have witnesses, except as otherwise
			 provided in this paragraph, excluded from the hearing except during their
			 testimony. If excluded, witnesses will be instructed not to discuss the case
			 during the pendency of the proceeding. The respondents will be permitted to
			 remain in the hearing. The petitioner may designate a person, who may also be a
			 witness, to act as its representative. Such a representative will be permitted
			 to remain in the hearing.
(e) Any
			 preliminary motions, stipulations or orders upon which the parties agree will
			 be heard and any administrative details will be addressed.
(f) The petitioner and then the respondent
			 may make opening statements.
(g)
			 The petitioner may call witnesses and present evidence. Each witness will be
			 sworn and questioned in the following manner:
(1) The petitioner will question the
			 witness.
(2) The respondent may
			 cross-examine the witness.
(3) If
			 the respondent cross-examines the witness, the petitioner may question the
			 witness on redirect examination.
(4) If the petitioner questions the witness
			 on redirect examination, the respondent may recross-examine the
			 witness.
(5) After the petitioner
			 and respondent complete the questioning pursuant to subparagraphs (1) to (4),
			 inclusive, the members of the Board or hearing officer may question the
			 witness.
(6) If the witness is
			 questioned by the members of the Board or the hearing officer, the petitioner
			 and then the respondent may question the witness. Questions asked by the
			 petitioner and respondent may question the witness. Questions asked by the
			 petitioner and respondent will be limited to those areas addressed by the
			 questions asked by the members of the Board or hearing officer.
(h) The respondent may call
			 witnesses and present evidence. Each witness will be sworn in and questioned in
			 the following manner:
(1) The respondent will
			 question the witness.
(2) The
			 petitioner may cross-examine the witness.
(3) If the petitioner cross-examines the
			 witness, the respondent may question the witness on redirect
			 examination.
(4) If the respondent
			 questions the witness on redirect examination, the petitioner may
			 recross-examine the witness.
(5)
			 After the respondent and petitioner complete the questioning pursuant to
			 subparagraphs (1) to (4), inclusive, the members of the Board or hearing
			 officer may question the witness.
(6) If the witness is questioned by the
			 members of the Board or the hearing officer, the respondent and then the
			 petitioner may question the witness. Questions asked by the respondent and
			 petitioner will be limited to those areas addressed by the questions asked by
			 the members of the Board or hearing officer.
(i) The petitioner and respondent may be
			 allowed to call appropriate rebuttal and rejoinder witnesses with examination
			 of those witnesses proceeding as set forth in paragraph (g) or (h), as
			 appropriate.
(j) The petitioner may
			 present a closing argument, followed by the closing argument of the respondent
			 and then the rebuttal closing argument of the petitioner.
(k) The Board or the hearing officer may
			 deliberate the case.