Nevada Administrative Code › Chapter 453A - Medical Use of Marijuana › PRODUCTION AND DISTRIBUTION OF MEDICAL MARIJUANA › Requirements for Independent Testing Laboratories › Section 453A.Sec. 138 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
				section, in any hearing pursuant to this chapter, the hearing must proceed as
				follows:
(a) The hearing officer shall call
				the hearing to order.
(b) The
				parties and their representatives and the hearing officer must be
				introduced.
(c) The hearing officer
				shall consider any preliminary motions, stipulations or orders and shall
				address any administrative details regarding the hearing.
(d) The hearing officer:
(1) Shall ask the parties if they want any
				witness excluded from the hearing;
(2) Shall instruct any witness who is
				excluded from the hearing not to discuss the case during the course of the
				hearing;
(3) Shall allow the person
				who was served a notice or order of summary suspension to remain in the
				hearing;
(4) Shall allow any person
				who acts as both a representative of the Department and a witness in the
				hearing to remain in the hearing; and
(5) May, on its own motion, exclude any
				witness from the hearing.
(e) The Department may make an opening
				statement. After the Department has had the opportunity to make an opening
				statement, the person that was served a notice or order of summary suspension
				may make an opening statement. The hearing officer may limit equally the time
				of the opening statement of each party.
(f) The Department may present its case by
				presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The Department may directly examine the
				witness.
(3) The person that was
				served a notice or order of summary suspension may cross-examine the
				witness.
(4) If requested, the
				Department may question the witness on redirect examination.
(5) If requested, the person that was served
				a notice or order of summary suspension may question the witness on
				recross-examination.
(g)
				After the Department has had the opportunity to present its case, the person
				that was served a notice or order of summary suspension may present his or her
				case by presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The person that was served a notice or
				order of summary suspension may directly examine the witness.
(3) The Department may cross-examine the
				witness.
(4) If requested, the
				person that was served a notice or order of summary suspension may question the
				witness on redirect examination.
(5) If requested, the Department may question
				the witness on recross-examination.
(h) The hearing officer may question a
				witness at any time during the hearing. If a witness is questioned by the
				hearing officer, the party that called the witness may request permission to
				ask further questions, limited to the area addressed by the hearing officer.
				When that party has asked those questions, the other party may request
				permission to ask further questions, limited to the area addressed by the
				hearing officer.
(i) After the
				Department and person that was served a notice or order of summary suspension
				have presented their cases, the hearing officer may allow the Department and
				person that was served a notice or order of summary suspension to call rebuttal
				witnesses. If the Department or person that was served a notice or order of
				summary suspension, or both, call one or more rebuttal witnesses, each rebuttal
				witness must be sworn in and questioned in the same manner as provided in
				paragraph (f) or (g), as appropriate.
(j) The Department may make a closing
				argument. After the Department has had the opportunity to make a closing
				argument, the person that was served a notice or order of summary suspension
				may make a closing argument. The hearing officer may limit equally the time of
				the closing argument of each party. If the person that was served a notice or
				order of summary suspension makes a closing argument, the Department may make a
				final closing argument. The hearing officer may limit the time of the final
				closing argument.
(k) If allowed by
				the hearing officer, either party may recommend specific disciplinary action to
				the hearing officer at the appropriate time.
(l) After the close of the hearing, the
				hearing officer shall deliberate, reach a decision and prepare and serve
				findings of fact, conclusions of law and his or her final decision in
				accordance with section 139 of this regulation. Not later than 60 days after
				the close of the hearing, the hearing officer shall prepare written findings
				and recommendations and serve the findings and recommendations on the parties
				for review.