Nevada Administrative Code › Chapter 293 - Elections › COMPLAINTS ALLEGING VIOLATION OF TITLE III OF HELP AMERICA VOTE ACT OF 2002 › Section 293.535 - Hearing: Hearing officer; procedure

Current through June 11, 2024
1. Except as
			 otherwise provided in this subsection, the Secretary of State or a designee
			 thereof will act as the hearing officer for a hearing held pursuant to NAC
			 293.530. If the Secretary of State is a respondent in the complaint, the
			 Secretary of State will appoint a designee who is an independent professionally
			 qualified person to act as the hearing officer.
2. The complainant, any respondent and any
			 interested member of the public may appear at the hearing, in person or by
			 teleconference, and testify or present relevant evidence in connection with the
			 complaint. All testimony to be considered in the hearing will be taken under
			 oath. The hearing officer may limit the testimony of witnesses, if necessary,
			 to ensure that all interested persons may present their views. The hearing
			 officer may recess the hearing and reconvene the hearing at a later date, time
			 and place, which must be announced publicly at the hearing.
3. A complainant, respondent or other person
			 who testifies or presents evidence at the hearing may, but need not, be
			 represented by an attorney.
4.
			 Cross-examination at the hearing will be permitted only at the discretion of
			 the hearing officer, but a person may testify or present evidence at the
			 hearing to contradict any other testimony or evidence presented at the hearing.
			 If a person has already testified or presented evidence at the hearing and
			 wishes to contradict testimony or evidence presented subsequently, that person
			 is entitled to be heard again only at the discretion of the hearing officer,
			 who may authorize the person to provide an oral or written response, or
			 both.
5. The hearing will be
			 recorded on audiotape by and at the expense of the Office of the Secretary of
			 State. The recording will not be transcribed, but the Secretary of State, a
			 local board of elections or any party to the hearing may obtain a transcript of
			 the hearing at its own expense. If a board or party obtains a transcript of a
			 hearing, the board or party shall file a copy of the transcript as part of the
			 record and any other interested party may examine the copy of the transcript on
			 record.
6. Any party to the
			 proceeding may file a written brief or memorandum with the hearing officer not
			 later than 5 business days after the conclusion of the hearing. The party shall
			 serve a copy of any such written brief or memorandum on all other parties not
			 later than the time the written brief or memorandum is filed with the hearing
			 officer. No responsive or reply memorandum to such a brief or memorandum will
			 be accepted without the specific authorization of the hearing
			 officer.
7. At the conclusion of
			 the hearing and after any brief or memorandum has been filed pursuant to
			 subsection 6, the hearing officer will determine whether, by a preponderance of
			 the evidence, a violation of
			 42
			 U.S.C. §§
									15481 to
			 15502, inclusive, has
			 occurred, is occurring or is about to occur.
Added to NAC by Sec'y of State by
			 R077-03, eff. 12-4-2003
NRS
			 293.124,
			 293.247,
			 293.4685