reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.150 - Hearings: Rights of parties

Current through June 11, 2024
At any hearing, each party may enter appearances, introduce
				evidence, examine and cross-examine witnesses, make arguments and generally
				participate in the proceeding.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.160 - Hearings: Appearance of parties

Current through June 11, 2024
A party may enter an appearance at the beginning of a hearing
				or at any time designated by the hearing officer by giving the party's name and
				address and stating his or her position or interest to the hearing officer. The
				appearance must be recorded in the transcript of the hearing.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.170 - Hearings: Failure to appear

Current through June 11, 2024
1. If the
			 complainant or the respondent fails to appear at a scheduled hearing and no
			 continuance has been requested or granted, the hearing officer may hear the
			 evidence of witnesses who have appeared and may proceed to consider the matter
			 and dispose of it on the basis of the evidence before the hearing
			 officer.
2. Any person who fails to
			 appear for a scheduled hearing or to request a continuance because of accident,
			 sickness or other reasonable cause may, within 15 days after the failure, apply
			 to the hearing officer to reopen the proceedings.
3. The hearing officer, upon finding the
			 cause sufficient and reasonable, will immediately fix a time and place for the
			 rescheduled hearing and give notice thereof.
4. At the time and place fixed, a hearing
			 must be held at which the person may testify in the person's own behalf or
			 present other evidence beneficial to his or her cause.
5. Witnesses who have previously testified
			 are not required to appear at a second hearing on the same matter unless so
			 directed by the hearing officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A by R163-06,
				9-18-2007
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.180 - Hearings: Conduct of persons

Current through June 11, 2024
Each party to a hearing, his or her counsel and all spectators
				shall conduct themselves in a respectful manner.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.190 - Hearings: Preliminary procedure

Current through June 11, 2024
The hearing officer will call the proceeding to order, take the
				appearances and make any introductory remarks. Each party may then make an
				opening statement.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.200 - Hearings: Order of procedure

Current through June 11, 2024
Matters must be heard at a hearing in the following
				order:
1. The opening statements of
			 the complainant and the respondent.
2. The presentation of the case of the
			 complainant, followed by cross-examination.
3. The presentation of the respondent's case,
			 if any, followed by cross-examination.
4. The rebuttal testimony by the complainant,
			 if any.
5. The rebuttal testimony
			 by the respondent, if any.
6. The
			 closing arguments, in the following order:
(a)
			 The argument of the complainant, if any.
(b) The argument of the respondent.
(c) The rebuttal argument of the
			 complainant.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.210 - Hearings: Rules of procedure and evidence

Current through June 11, 2024
1. In
			 conducting a hearing, the hearing officer is not bound by the Nevada Rules of
			 Civil Procedure and no informality in any proceeding or in the manner of taking
			 of testimony invalidates any decision the hearing officer issues.
2. The Nevada Rules of Civil Procedure may be
			 generally followed, but may be relaxed by the hearing officer if deviation from
			 those rules of evidence will aid in ascertaining the facts.
3. If an objection is made to the
			 admissibility of evidence, the evidence may be received but it is subject to
			 any subsequent ruling of the hearing officer.
4. The hearing officer may exclude
			 inadmissible, incompetent, cumulative or irrelevant evidence.
5. A party objecting to the introduction of
			 evidence shall briefly state the grounds of the objection at the time the
			 evidence is offered.
6. Evidence
			 admitted at hearings must be material and relevant to the issues.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.220 - Hearings: Oaths of witnesses

Current through June 11, 2024
All testimony to be considered in a hearing must be taken under
				oath. Before taking the witness stand, each person must swear before the
				hearing officer to the truthfulness of the testimony the person is about to
				give in the hearing.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.230 - Hearings: Consolidation

Current through June 11, 2024
1. The hearing
			 officer may consolidate two or more proceedings into one hearing if it appears
			 that the issues are substantially the same and the interests of the parties
			 will not be prejudiced by consolidation.
2. The hearing officer will determine the
			 order of procedure in a consolidated hearing.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.240 - Hearings: Continuances

Current through June 11, 2024
The hearing officer may, before or during a hearing, and on a
				proper showing, grant continuances for submission of further proof of any
				matter or for any other just cause.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.250 - Stipulations of parties

Current through June 11, 2024
1. With the
			 approval of the hearing officer, the parties may stipulate to any fact at issue
			 by a written stipulation introduced in evidence as an exhibit or by oral
			 statements shown upon the record.
2. Any stipulation is binding upon all
			 parties to it, and may be treated as evidence at the hearing.
3. The hearing officer may demand proof by
			 requiring evidence of the facts stipulated.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.260 - Briefs; setting matter for oral argument

Current through June 11, 2024
1.
			 The hearing officer may order briefs to be filed and specify a time limit for
			 their filing.
2. Three copies of
			 any requested brief must be filed with the hearing officer in matters before
			 him or her.
3. Each brief must be
			 accompanied by an acknowledgment of service or a certificate of mailing to
			 other parties of record.
4.
			 Following the filing of briefs and after deciding contested motions, the
			 hearing officer may set the matter for oral argument and give reasonable notice
			 to all parties.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.270 - Official notice

Current through June 11, 2024
The hearing officer may take official notice of:
1. The rules, regulations, official reports,
			 decisions and orders of any regulatory agency of the State.
2. Matters of common knowledge and
			 established technical or scientific facts.
3. Official documents, if relevant and
			 properly introduced into the record of formal proceedings by reference. A
			 proper and definite reference to the documents must be made by the party
			 offering them and the documents must be published and generally circulated so
			 that the parties in interest may examine the documents and present rebuttal
			 evidence.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.280 - Records of formal hearings

Current through June 11, 2024
The hearing officer will cause a record to be made of all
				formal hearings. Any party who wishes to secure a copy of the record may obtain
				it from the hearing officer upon payment of the proper fee.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A by R163-06,
				9-18-2007
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.290 - Submission of matter for decision

Current through June 11, 2024
Unless otherwise ordered, a proceeding stands submitted for
				decision by the hearing officer after the taking of evidence, the filing of
				briefs or the presentation of oral argument required by the hearing
				officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.300 - Issuance of decision

Current through June 11, 2024
1. The hearing
			 officer will issue a decision not later than 60 days after the
			 hearing.
2. The hearing officer
			 will mail or personally deliver a copy of the decision to the Administrator of
			 the Aging and Disability Services Division of the Department of Health and
			 Human Services and each party of record or his or her representative.
3. Additional copies of the decision may be
			 obtained by making a written request to the hearing officer.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A by R163-06,
				9-18-2007
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › ADVOCATES FOR RESIDENTS OF FACILITIES FOR LONG-TERM CARE › Section 427A.310 - Appeal of decision

Current through June 11, 2024
Any person aggrieved by a decision issued pursuant to a hearing
				held pursuant to
				NRS
				427A.135 or
				427A.138
				may appeal to the Director of the Department of Health and Human Services whose
				decision on the appeal is a final decision.
Added to NAC by Aging
				Services Div., eff. 6-19-90; A 9-19-90
NRS
				  427A.070,
				  427A.135,
				  427A.138
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.320 - Definitions

Current through June 11, 2024
As used in NAC 427A.320 to
				427A.3395, inclusive, and
				section 1, the words and terms defined in NAC
				427A.3205 to
				427A.3225, inclusive, and
				section 1 have the meanings ascribed to them in those
				sections.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3205 - "Complainant" defined

Current through June 11, 2024
"Complainant" means an older patient who files a complaint
				pursuant to
				NRS
				427A.175.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.321 - "Division" defined

Current through June 11, 2024
"Division" means the Aging and Disability Services Division of
				the Department of Health and Human Services.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3215 - "Older patient" defined

Current through June 11, 2024
"Older patient" has the meaning ascribed to it in
				NRS
				449.065.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.322 - "Person" defined

Current through June 11, 2024
"Person" means a natural person, partnership, association,
				corporation or other public or private entity.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3225 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a facility, organization or agency against
				which a complaint has been filed pursuant to
				NRS
				427A.175.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.323

Current through June 11, 2024
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; R by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3235 - Scope and construction

Current through June 11, 2024
The provisions of NAC
				427A.320 to
				427A.3395, inclusive, and
				section 1 of this regulation:
1.
			 Govern all practice and procedure for a complaint filed by an older patient for
			 damage to property pursuant to
			 NRS
			 427A.175 and for the investigation and
			 hearing of that complaint; and
2.
			 Must be liberally construed to secure a just, speedy and economical
			 determination of all issues presented to the Administrator of the Division and
			 the Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.324 - Severability

Current through June 11, 2024
Each provision of NAC 427A.320 to 427A.3395, inclusive, is
				hereby declared to be severable and the invalidity of any provision does not
				affect the validity of any other provision.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3245 - Deviation from requirements

Current through June 11, 2024
In special cases, upon a showing of good cause, the Attorney
				for the Rights of Older Persons and Persons with a Physical Disability, an
				Intellectual Disability or a Related Condition may permit deviation from the
				requirements set forth in NAC
				427A.320 to
				427A.3395, inclusive, and
				section 1 if compliance is impractical or unnecessary.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.325 - Communications to Specialist

Current through June 11, 2024
Formal written communications and documents must be addressed
				to the Attorney for the Rights of Older Persons and Persons with a Physical
				Disability, an Intellectual Disability or a Related Condition and shall be
				deemed to be received officially only when delivered to the Attorney for the
				Rights of Older Persons and Persons with a Physical Disability, an Intellectual
				Disability or a Related Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3255 - Service of documents: Method

Current through June 11, 2024
Notices, findings of fact, opinions and decisions of the
				Attorney for the Rights of Older Persons and Persons with a Physical
				Disability, an Intellectual Disability or a Related Condition, and any document
				filed by a party, may be served by mail. Service shall be deemed to be complete
				when a true copy of the document, properly addressed and with postage paid, is
				deposited with the United States Postal Service.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.326 - Service of documents: Proof

Current through June 11, 2024
Each document that is required to be served must contain an
				acknowledgment of service or certificate of mailing.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3265 - Computation of time

Current through June 11, 2024
The time within which any act required by NAC 427A.320 to
				427A.3395, inclusive, must be accomplished is computed by excluding the first
				day and including the last day unless the last day is a Saturday, Sunday or
				legal holiday, in which case the next business day is the last day of the time
				limit.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.327 - Pleadings: Designation; execution

Current through June 11, 2024
Each pleading must be:
1. Designated as a complaint, answer or
			 motion; and
2. Signed by the party
			 submitting it.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3275 - Pleadings: Filing; availability

Current through June 11, 2024
1. An original and
			 two legible copies of each pleading must be filed with the Attorney for the
			 Rights of Older Persons and Persons with a Physical Disability, an Intellectual
			 Disability or a Related Condition in all matters before him or her.
2. The Attorney for the Rights of Older
			 Persons and Persons with a Physical Disability, an Intellectual Disability or a
			 Related Condition may direct that the party who filed a pleading make copies of
			 it available to any other person who has requested copies, if the Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition first determines that the person
			 making the request may be affected by the proceeding.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.328 - Pleadings: Amendment; construction

Current through June 11, 2024
The Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition may
				allow any pleading to be amended or corrected or any omission to be supplied.
				Pleadings must be liberally construed and defects that do not affect a
				substantial right of a party must be disregarded.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3285 - Complaints: Form, contents and filing

Current through June 11, 2024
1. An older
			 patient who wishes to file a complaint pursuant to
			 NRS
			 427A.175 must file two copies of the
			 complaint with the Division within 1 year after the older patient sustains
			 damage to his or her property. The complaint must be in writing and signed and
			 verified by the complainant.
2. A
			 complaint must be stated with sufficient particularity to enable the respondent
			 to prepare a defense.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.329 - Settlement conferences

Current through June 11, 2024
1. Within 10 days
			 after the Division receives a complaint, the supervisor of the region in which
			 the respondent is located shall contact the complainant or his or her
			 representative to schedule a settlement conference in accordance with
			 subsection 2 of
			 NRS
			 427A.175 with the Administrator of the
			 Division or the Administrator's designee to attempt to resolve the matter
			 without the necessity of a hearing.
2. The Administrator of the Division or his
			 or her designee shall:
(a) Preside at the
			 conference; and
(b) Complete a
			 report on the outcome of the conference.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3295 - Answers to complaints

Current through June 11, 2024
1. A respondent has
			 10 days after being served a complaint in which to file his or her answer with
			 the Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition, regardless of
			 whether a settlement conference is scheduled pursuant to NAC
			 427A.329.
2. If the respondent fails to answer within
			 10 days, the respondent shall be deemed to have denied generally the
			 allegations contained in the complaint.
3. If no answer is filed and a hearing is
			 requested pursuant to NAC
			 427A.330, the hearing will
			 proceed solely upon the issues set forth in the complaint, unless the hearing
			 is continued to a future date by order of the Attorney for the Rights of Older
			 Persons and Persons with a Physical Disability, an Intellectual Disability or a
			 Related Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.330 - Hearings: Presiding officer; location; notice

Current through June 11, 2024
1. If a
			 settlement is not reached pursuant to subsection 2 of
			 NRS
			 427A.175 and the complainant or respondent
			 requests a hearing, the hearing must be before the Attorney for the Rights of
			 Older Persons and Persons with a Physical Disability, an Intellectual
			 Disability or a Related Condition.
2. Notice of the place, date and hour of a
			 hearing must be served at least 20 days before the date set for the
			 hearing.
3. A hearing which has
			 previously been continued may be rescheduled with at least 10 days'
			 notice.
4. Each hearing must be
			 held at a place in the State designated by the Attorney for the Rights of Older
			 Persons and Persons with a Physical Disability, an Intellectual Disability or a
			 Related Condition in the notice of hearing.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3305 - Hearings: Rights of parties

Current through June 11, 2024
At any hearing, each party may enter appearances, introduce
				evidence, examine and cross-examine witnesses, make arguments and generally
				participate in the proceeding.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.331 - Hearings: Appearance of parties

Current through June 11, 2024
A party may enter an appearance at the beginning of a hearing
				or at any time designated by the Attorney for the Rights of Older Persons and
				Persons with a Physical Disability, an Intellectual Disability or a Related
				Condition by giving his or her name and address and stating his or her position
				or interest to the Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition. The
				appearance must be recorded in the transcript of the hearing.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3315 - Hearings: Failure to appear

Current through June 11, 2024
1. If the
			 complainant or the respondent fails to appear at a scheduled hearing and no
			 continuance has been requested or granted, the Attorney for the Rights of Older
			 Persons and Persons with a Physical Disability, an Intellectual Disability or a
			 Related Condition may hear the evidence of witnesses who have appeared and may
			 proceed to consider the matter and dispose of it on the basis of the evidence
			 before him or her.
2. Any person
			 who fails to appear for a scheduled hearing or to request a continuance because
			 of accident, sickness or other reasonable cause may, within 15 days after the
			 failure, apply to the Attorney for the Rights of Older Persons and Persons with
			 a Physical Disability, an Intellectual Disability or a Related Condition to
			 reopen the proceedings.
3. The
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition, upon finding the
			 cause to reopen the proceedings sufficient and reasonable, will immediately fix
			 a time and place for the rescheduled hearing and give notice thereof.
4. At the time and place fixed, a second
			 hearing must be held at which the person who requested the second hearing may
			 testify in his or her own behalf or present other evidence beneficial to his or
			 her cause.
5. Witnesses who have
			 previously testified are not required to appear at a second hearing on the same
			 matter unless so directed by the Attorney for the Rights of Older Persons and
			 Persons with a Physical Disability, an Intellectual Disability or a Related
			 Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.332 - Hearings: Conduct of persons

Current through June 11, 2024
Each party to a hearing, his or her counsel and all spectators
				shall conduct themselves in a respectful manner.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3325 - Hearings: Preliminary procedure

Current through June 11, 2024
The Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition will
				call the proceeding to order, take the appearances and make any introductory
				remarks. Each party may then make an opening statement.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.333 - Hearings: Order of procedure

Current through June 11, 2024
Matters must be heard at a hearing in the following
				order:
1. The opening statements of
			 the complainant and the respondent.
2. The presentation of the case of the
			 complainant, followed by cross-examination.
3. The presentation of the case of the
			 respondent, if any, followed by cross-examination.
4. The rebuttal testimony by the complainant,
			 if any.
5. The rebuttal testimony
			 by the respondent, if any.
6. The
			 closing arguments, in the following order:
(a)
			 The argument of the complainant.
(b) The argument of the respondent.
(c) The rebuttal argument of the
			 complainant.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3335 - Hearings: Rules of procedure and evidence

Current through June 11, 2024
1. In
			 conducting a hearing, the Attorney for the Rights of Older Persons and Persons
			 with a Physical Disability, an Intellectual Disability or a Related Condition
			 is not bound by the Nevada Rules of Civil Procedure and an informality in any
			 proceeding or in the manner of taking of testimony does not invalidate any
			 decision the Attorney for the Rights of Older Persons and Persons with a
			 Physical Disability, an Intellectual Disability or a Related Condition
			 issues.
2. The Nevada Rules of
			 Civil Procedure may be generally followed, but may be relaxed by the Attorney
			 for the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition if deviation from those rules of
			 evidence will aid in ascertaining the facts.
3. If an objection is made to the
			 admissibility of evidence, the evidence may be received but it is subject to
			 any subsequent ruling of the Attorney for the Rights of Older Persons and
			 Persons with a Physical Disability, an Intellectual Disability or a Related
			 Condition.
4. The Attorney for the
			 Rights of Older Persons and Persons with a Physical Disability, an Intellectual
			 Disability or a Related Condition may exclude inadmissible, incompetent,
			 cumulative or irrelevant evidence.
5. A party objecting to the introduction of
			 evidence shall briefly state the grounds of the objection at the time the
			 evidence is offered.
6. Evidence
			 admitted at hearings must be material and relevant to the issues.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.334 - Hearings: Oaths of witnesses

Current through June 11, 2024
All testimony to be considered in a hearing must be taken under
				oath. Before taking the witness stand, each person must swear before the
				Attorney for the Rights of Older Persons and Persons with a Physical
				Disability, an Intellectual Disability or a Related Condition to the
				truthfulness of the testimony the person is about to give in the
				hearing.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3345 - Hearings: Consolidation

Current through June 11, 2024
1. The Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition may consolidate two or more
			 proceedings into one hearing if it appears that the issues are substantially
			 the same and the interests of the parties will not be prejudiced by
			 consolidation.
2. The Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition will determine the order of
			 procedure in a consolidated hearing.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.335 - Hearings: Continuances

Current through June 11, 2024
The Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition may,
				before or during a hearing, and on a proper showing, grant continuances for
				submission of further proof of any matter or for any other just
				cause.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3355 - Stipulations of parties

Current through June 11, 2024
1. With the
			 approval of the Attorney for the Rights of Older Persons and Persons with a
			 Physical Disability, an Intellectual Disability or a Related Condition, the
			 parties may stipulate to any fact at issue by a written stipulation introduced
			 in evidence as an exhibit or by oral statements shown upon the
			 record.
2. Any stipulation is
			 binding upon all parties to it and may be treated as evidence at the
			 hearing.
3. The Attorney for the
			 Rights of Older Persons and Persons with a Physical Disability, an Intellectual
			 Disability or a Related Condition may demand proof by requiring evidence of the
			 facts stipulated.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.336 - Briefs; setting matter for oral argument

Current through June 11, 2024
1. The
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition may order briefs
			 to be filed and specify a time limit for their filing.
2. Three copies of any requested brief must
			 be filed with the Attorney for the Rights of Older Persons and Persons with a
			 Physical Disability, an Intellectual Disability or a Related Condition in
			 matters before him or her.
3. Each
			 brief must be accompanied by an acknowledgment of service or a certificate of
			 mailing to the other parties of record.
4. After the filing of briefs and the
			 deciding of contested motions, the Attorney for the Rights of Older Persons and
			 Persons with a Physical Disability, an Intellectual Disability or a Related
			 Condition may set the matter for oral argument and give reasonable notice to
			 all parties.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3365 - Official notice

Current through June 11, 2024
The Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition may take
				official notice of:
1. The rules,
			 regulations, official reports, decisions and orders of any regulatory agency of
			 the State.
2. Matters of common
			 knowledge and established technical or scientific facts.
3. Official documents, if relevant and
			 properly introduced into the record of formal proceedings by reference. A
			 proper and definite reference to the documents must be made by the party
			 offering them, and the documents must be published and generally circulated so
			 that the parties in interest may examine the documents and present rebuttal
			 evidence.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.337 - Records of formal hearings

Current through June 11, 2024
The Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition will
				cause a record to be made of all formal hearings. Any party who wishes to
				secure a copy of the record may obtain it from the Attorney for the Rights of
				Older Persons and Persons with a Physical Disability, an Intellectual
				Disability or a Related Condition upon payment of the proper
				fee.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3375 - Submission of matter for decision

Current through June 11, 2024
Unless otherwise ordered, a proceeding stands submitted for
				decision by the Attorney for the Rights of Older Persons and Persons with a
				Physical Disability, an Intellectual Disability or a Related Condition after
				the taking of evidence, the filing of briefs or the presentation of oral
				argument required by the Attorney for the Rights of Older Persons and Persons
				with a Physical Disability, an Intellectual Disability or a Related
				Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.338 - Issuance of decision

Current through June 11, 2024
1. The Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition will issue a decision not later
			 than 60 days after the hearing.
2.
			 The Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition will mail or
			 personally deliver a copy of the decision to the Administrator of the Division
			 and each party of record or his or her representative.
3. Additional copies of the decision may be
			 obtained by making a written request to the Attorney for the Rights of Older
			 Persons and Persons with a Physical Disability, an Intellectual Disability or a
			 Related Condition.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007; A by
				R111-19A,
				eff. 11/2/2020
NRS
				427A.070,
				427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3385 - Report of Specialist summarizing proceedings

Current through June 11, 2024
1. The
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition shall summarize
			 the proceedings in a written report using the following format:
A. INTRODUCTION-The date, time and place of
			 the hearing and the name of each person present at the hearing.
B. NATURE OF CASE-Overview of the issues
			 presented during the hearing.
C.
			 FINDINGS OF FACT-The facts of the case as determined by the Attorney for the
			 Rights of Older Persons and Persons with a Physical Disability, an Intellectual
			 Disability or a Related Condition.
D. CONCLUSIONS OF LAW-The laws, regulations,
			 procedural rules and policies which support the findings and decision of the
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition.
E. DECISION-The decision of whether the
			 respondent is liable for damages to the complainant and, if the respondent is
			 liable for damages, the amount of the surety bond pursuant to
			 NRS
			 449.065 or the substitute for the surety bond
			 necessary to pay for the damages pursuant to
			 NRS
			 449.067 to be released to the
			 Division.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.339 - Case record of hearing; submission and retention of case record and recording

Current through June 11, 2024
1. The Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition shall keep the record of each
			 hearing that he or she conducts which contains:
(a) All correspondence that the Attorney for
			 the Rights of Older Persons and Persons with a Physical Disability, an
			 Intellectual Disability or a Related Condition has received regarding the
			 subject matter of the hearing;
(b)
			 All exhibits presented and accepted during the hearing; and
(c) A narrative log of all contacts that the
			 Attorney for the Rights of Older Persons and Persons with a Physical
			 Disability, an Intellectual Disability or a Related Condition has had with the
			 complainant or the complainant's representative, the respondent, members of the
			 staff of the Division, or legal counsel for any of the participants in the
			 hearing.
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › COMPLAINTS FOR DAMAGE TO PROPERTY OF OLDER PATIENTS OF CERTAIN FACILITIES, AGENCIES AND ORGANIZATIONS › Section 427A.3395 - Appeal of decision

Current through June 11, 2024
Any person aggrieved by a decision issued pursuant to a hearing
				held pursuant to
				NRS
				427A.175 may appeal to the Administrator of
				the Division whose decision on the appeal is a final
				decision.
Added to NAC by Aging
				Services Div. by R167-06, eff. 9-18-2007
NRS
				  427A.070,
				  427A.175
Nevada Administrative Code › Chapter 427A - Services to Aging Persons and Persons With Disabilities › PROGRAM TO PROVIDE COMMUNITY-BASED SERVICES TO FRAIL ELDERLY PERSONS › General Provisions › Section 427A.350 - Definitions

Current through June 11, 2024
As used in NAC 427A.350 to 427A.488, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 427A.354 to
				  427A.3815, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Aging
				  Services Div., eff. 7-16-92; A by R163-06, 9-18-2007; A by Aging &
				  Disability Services Div. by R018-10, 7-22-2010
NRS
					 427A.250