reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.530 - Captions, amendments and construction of pleadings

Current through June 11, 2024
1. Pleadings before the Commission must be
				styled applications, petitions, complaints, answers, motions or
				comments.
2. If not otherwise
				prohibited by law and if substantial rights of the parties will not be
				prejudiced, the Commission will or the presiding officer shall allow any
				pleading to be amended or corrected or any omission in the pleading to be
				cured.
3. The Commission will or
				the presiding officer shall liberally construe the pleadings and disregard any
				defects which do not affect the substantial rights of any party.
Pub. Service Comm'n,
				  Gen. Order 3 §§ 7.010, 7.040 & 7.050, eff. 1-1-79-NAC A 1-6-84; A
				  by Pub. Utilities Comm'n by R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.535 - Applications: General requirements

Current through June 11, 2024
1. A pleading
				requesting a privilege, right or authority from the Commission must be styled
				an "application."
2. An application
				must set forth:
(a) The full name, mailing
				address and telephone number of the applicant and full name, mailing address
				and telephone number of the applicant's authorized representative or attorney,
				if applicable;
(b) All material
				facts which the applicant is prepared to prove and upon which the Commission
				may base its decision to grant the request;
(c) Required exhibits and such other exhibits
				as the applicant deems appropriate;
(d) A request for the order, authorization,
				permission, certificate, relief or permit desired; and
(e) A reference to the particular statutes or
				regulations requiring or supporting the requested action.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.540 - Petitions: General requirements

Current through June 11, 2024
1. A pleading
				praying for affirmative relief, other than an application, motion, answer or
				complaint, must be styled a "petition."
2. If the subject of any desired relief is
				not readily apparent or specifically covered by the provisions of this chapter,
				a petition seeking that relief and stating the reasons relied upon may be
				filed. The petition will be handled in the same manner as other
				petitions.
3. If the Commission
				does not grant, deny or set a petition for further proceedings within 60 days
				after the date on which the petition is received by the Commission, the
				petition shall be deemed denied.
4.
				If the Commission sets a petition for further proceedings, the Commission will
				rule on the petition within 120 days after the date on which the Commission set
				the petition for further proceedings.
Pub. Service Comm'n,
				  Gen. Order 3 §§ 7.080 & 7.110, eff. 1-1-79-NAC A 1-6-84; A by
				  Pub. Utilities Comm'n by R186-97, 1-30-98
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.546 - Petition to adopt, amend or repeal regulation

Current through June 11, 2024
1. If
				a petition requests the adoption of a proposed regulation, it must include the
				full text of the proposed regulation and the reasons for the requested
				adoption.
2. If a petition requests
				the amendment or repeal of an existing regulation, it must include:
(a) The regulation or that portion of the
				regulation in question and the suggested amendment; and
(b) The reason for the amendment or repeal of
				the regulation.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.550 - Motions: General requirements

Current through June 11, 2024
1. Any request for
				an order by the Commission, except for an order to permit 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 Commission 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 citations of any authorities upon which the motion
				relies.
5. A written motion must be
				filed with the Commission and served upon all parties of record.
6. The presiding officer may direct that any
				motion made at a proceeding must 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 a
				motion to dismiss, will be considered by the Commission at the time of the
				final decision and order, unless the presiding officer or Commission 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 or by specific regulation.
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. As used in this section,
				"party of record" includes all persons who have filed petitions for leave to
				intervene which are pending at the time a motion is to be filed or
				served.
Pub. Service Comm'n,
				  Gen. Order 3 § 7.180, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities Comm'n
				  by R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.555 - Responses to motions; replies to responses

Current through June 11, 2024
Except as otherwise provided by a specific regulation:
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 response that
				is required to be in writing pursuant to subsection 1 must be:
(a) Served upon each party of
				record.
(b) Except as otherwise
				provided in subsection 6 or otherwise directed by the presiding officer, filed
				with the Commission no later than 5 business days after receipt of service of
				the motion.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.560 - Pleadings: General requirements; effect of signature

Current through June 11, 2024
1. Pleadings must:
(a) Be properly titled.
(b) Be signed by each party or commenter or,
				if represented, by the authorized representative or attorney of each party or
				commenter.
(c) Include the name and
				address of each party or commenter and, if represented, the name, address and
				telephone number of the authorized representative or attorney of each party or
				commenter.
(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.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.570 - Answers: General requirements

Current through June 11, 2024
1. A party to a
				proceeding who desires to contest an order to show cause or a complaint or make
				any representation about it to the Commission may file an answer with the
				Commission.
2. An answer to an
				order to show cause or a complaint must:
(a)
				Be in writing;
(b) Address each
				material allegation ; and
(c)
				Separately state and number any matter alleged by way of an affirmative
				defense.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.573 - Answers to petitions (Repealed)

Current through June 11, 2024
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84; A by Pub. Utilities Comm'n by R010-05, 9-7-2005; R
				  by
				  R011-15,
				  eff. 10/27/2015
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Pleadings › Section 703.577 - Motions to dismiss certain applications involving rate increase

Current through June 11, 2024
1. A motion to dismiss an application that is
				within the prohibition of paragraph (e) of subsection 1 of
				NRS
				704.100 may be filed by:
(a) A party; or
(b) A person who has filed a petition for
				leave to intervene in the applicable proceeding pursuant to NAC 703.578 to
				703.600, inclusive, unless that petition has been denied by the
				Commission.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.578 - "Association" defined

Current through June 11, 2024
As used in NAC 703.578 to 703.600, inclusive, unless the
				  context otherwise requires, "association" means an organization, other than a
				  for-profit corporation, partnership or limited-liability company, created to
				  represent the interests of its members.
Added to NAC by Pub.
				  Utilities Comm'n by R047-02, eff. 10-24-2002; A by R068-09,
				  11-25-2009
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.580 - Persons entitled to file petition

Current through June 11, 2024
1. Any person who
				claims to have a direct and substantial interest in a proceeding and desires to
				participate in it as an intervener must file a petition for leave to intervene
				with the Commission requesting an order permitting the intervention.
2. A person has a direct and substantial
				interest in a proceeding if:
(a) A statute
				explicitly confers on the person a right to intervene; or
(b) The person claims an interest relating to
				the property or transaction which is the subject of the proceeding and the
				person is so situated that the disposition of the proceeding will, as a
				practical matter, impair or impede the ability of the person to protect that
				interest, unless the person is adequately represented by existing
				parties.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.585 - Contents of petition

Current through June 11, 2024
A petition for leave to intervene must be in writing and set
				  forth the following:
1. The title and
				docket number of the proceeding in which leave to intervene is
				sought;
2. The name and address of
				the petitioner and, if represented, the name, address and telephone number of
				his or her attorney or other authorized representative;
3. A clear and concise statement of the
				direct and substantial interest of the petitioner in the proceedings and, if
				the petitioner is an association, all information that is necessary for the
				petitioner to satisfy the requirements set forth in NAC 703.595;
4. The manner in which the petitioner will be
				affected by the proceedings;
5. A
				statement as to whether the petitioner intends to present evidence in the
				proceeding; and
6. If affirmative
				relief is sought, a description of the desired relief and the basis for that
				relief.
Pub. Service Comm'n,
				  Gen. Order 3 § 6.020, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities Comm'n
				  by R047-02, 10-24-2002; R010-05, 9-7-2005
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.590 - Time for filing petition

Current through June 11, 2024
1. A petition for
				leave to intervene must be filed with the Commission within any applicable
				period set in the public notice published in accordance with NAC
				703.160.
2. If a petition for leave
				to intervene is filed after the applicable period, the petition must state a
				substantial reason for the delay. The Commission will not grant a petition for
				leave to intervene that is filed after the applicable period if the delay in
				filing was because of neglect or unreasonable inaction by the petitioner or his
				or her attorney.
Pub. Service Comm'n,
				  Gen. Order 3 § 6.030, eff. 1-1-79-NAC A 1-6-84; 12-2-91; A by Pub.
				  Utilities Comm'n by R010-05, 9-7-2005
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.593 - Response to petition; reply to response

Current through June 11, 2024
1. A person who
				wishes to respond to a petition for leave to intervene filed pursuant to NAC
				703.578 to 703.600, inclusive, may file with the Commission a response to the
				petition for leave to intervene.
2.
				A response to a petition for leave to intervene must:
(a) Be in writing;
(b) Specifically support or oppose the
				petition for leave to intervene for which the response is filed; and
(c) Be filed with the Commission and served
				on each party of record and all persons who filed a petition for leave to
				intervene in the applicable proceeding not later than 5 business days after the
				deadline for filing a petition for leave to intervene established by the
				Commission or the date of the filing of the petition for leave to intervene for
				which the response is filed, whichever is later.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.595 - Standards for granting petition; standards for dismissing intervener

Current through June 11, 2024
1. If the petitioner is a person other than
				an association and the petition for leave to intervene shows that the
				petitioner has a direct and substantial interest in the subject of the
				proceeding, or any part of it, and the intervention would not unduly broaden
				the issues, the Commission will or the presiding officer may grant leave for
				the petitioner to intervene or otherwise to appear in the proceeding with
				respect to the matters set forth in the petition and subject to such reasonable
				conditions as may be prescribed by the Commission or presiding
				officer.
2. If the petitioner is an
				association and:
(a) The petition for leave
				to intervene shows that two or more members of the association have a direct
				and substantial interest in the subject of the proceeding, or any part of
				it;
(b) The petitioner
				demonstrates, through its charter, a contract or some other document, that the
				purpose of the association is directly related to the subject of the proceeding
				and that the association is authorized to represent its members in the
				proceeding; and
(c) The
				intervention would not unduly broaden the issues,
the Commission will or the presiding officer may grant leave
				  for the petitioner to intervene or otherwise to appear in the proceeding with
				  respect to the matters set forth in the petition and subject to such reasonable
				  conditions as may be prescribed by the Commission or presiding officer.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Petitions for Leave to Intervene › Section 703.600 - Limitations on rights of certain interveners

Current through June 11, 2024
When two or more interveners have substantially the same
				  interest and positions, the Commission will, or the presiding officer shall,
				  limit the number of interveners who will be permitted to cross-examine, make
				  and argue motions or make objections during the course of the hearing when such
				  a limitation is appropriate to expedite the hearing.
Pub. Service Comm'n,
				  Gen. Order 3 § 6.050, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R010-05, 9-7-2005
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Service of Documents › Section 703.610 - Methods of service; duty to serve other parties; requests for personal service

Current through June 11, 2024
1. All documents
				required to be served on a party by any other party must be served in one of
				the following ways:
(a) In person.
(b) 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.
(c) By electronic mail. If service is by
				electronic mail, the service is complete when sent, except service is deemed to
				have occurred on the next business day if the electronic mail message is sent
				after 5 p.m. on a business day, on a Saturday, on a Sunday or on a holiday on
				which the Commission's offices are closed.
(d) Via a password-protected website, if
				agreed to by the parties and pursuant to the rules determined by the
				parties.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Service of Documents › Section 703.615 - 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 electronic service
				  to ...............................) (by mailing a copy thereof, properly
				  addressed, with postage prepaid to ................................).
Dated at ..................., this .........(day) of
				  .................(month) of .........(year)
.......................................................................
Signature
Pub. Service Comm'n,
				  Gen. Order 3 § 9.030, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R047-02, 10-24-2002; R107-07, 12-4-2007
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.616 - Disposition of oral complaints

Current through June 11, 2024
1. The Division of
				Consumer Complaint Resolution shall attempt to resolve informally any oral
				complaint made by a customer against a public utility. If a customer is not
				satisfied with the informal resolution of his or her complaint, the Division
				shall inform the customer that he or she has a right to file a written
				complaint with the Division.
2. The
				Division may request the customer to provide a written confirmation of the oral
				complaint.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84; A by Transportation Serv. Auth. by R071-98,
				  10-28-98
NRS
					 703.025,
					 703.310,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.621 - Written complaints

Current through June 11, 2024
1. A customer's
				written complaint must:
(a) Clearly and
				concisely state the grounds of the complaint and the facts constituting the
				alleged wrongful acts or omissions; and
(b) Be accompanied by copies of all
				supporting documents, such as invoices, bills of lading, cancelled checks and
				statements of account.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.626 - Response to written complaint

Current through June 11, 2024
1. A utility
				against which a complaint is made shall file with the Division of Consumer
				Complaint Resolution a written response to the complaint within 15 days after
				receiving the complaint unless, for good cause shown, the Division 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 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.631 - Investigation and recommendation by Division

Current through June 11, 2024
1.
				When the Division of Consumer Complaint Resolution receives a response to a
				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 complaint, the Division shall
				notify all parties of the results of the investigation and shall recommend any
				actions which the parties should take in order to resolve the
				complaint.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84
NRS
					 703.025,
					 703.310,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.636 - Transmittal of unresolved complaints to Commission

Current through June 11, 2024
1. If
				the Division of Consumer Complaint Resolution cannot resolve a complaint,
				either because it determines that the complaint cannot be resolved or the
				complainant is not satisfied with the Division's recommendation, it shall
				inform all parties that the complaint has been transmitted to the Commission
				for review.
2. In addition to
				transmitting the complaint, the results of its investigation and its
				recommendation to the Commission, the Division shall transmit:
(a) The reasons for the complaint;
(b) The position taken by the respondent;
				and
(c) Any interim action taken by
				the Division.
The Division shall send this additional information to the
				  complainant and respondent.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.641 - Dismissal of complaint

Current through June 11, 2024
If the Commission determines that no probable cause exists
				  for a complaint received by the Division of Consumer Complaint Resolution or if
				  the complaint has been settled and the Commission has received notice of the
				  settlement, the Commission will dismiss the complaint. A copy of the
				  Commission's minute entry showing its dismissal of the complaint and a short
				  statement of its reasons for dismissal will be served upon the complainant and
				  respondent.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84
NRS
					 703.025,
					 703.310,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.646 - Public hearing; interim relief

Current through June 11, 2024
If the Commission determines that probable cause exists for a
				  complaint received by the Division of Consumer Complaint Resolution, 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
				Commission, 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 its investigation of the complaint.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84
NRS
					 703.025,
					 703.310,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Complaints › Section 703.651 - Complaints investigated directly by Commission

Current through June 11, 2024
1. The
				Commission will directly investigate any complaint other than one filed by a
				customer pursuant to NAC 703.621.
2. A complaint to be investigated directly by
				the Commission 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 utility 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 complaint must be signed by the complainant or, if
				  represented, by his or her attorney or other authorized representative.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.655 - Prehearing conference

Current through June 11, 2024
1. The Commission
				or presiding officer may, upon its or the presiding officer's own motion or at
				a motion made by a party of record, 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) Determine the
				necessary and appropriate content of the notice of hearing required in
				subsection 6 of NAC 703.2211 or subsection 6 of NAC 703.2511.
(h) Establish a schedule for the submission
				of a statement of issues and positions by all parties to a hearing on a change
				in rates by a public utility.
(i)
				Establish any other procedure which may expedite the orderly conduct and
				disposition of the proceedings.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.662 - Proposed change or addition to notice

Current through June 11, 2024
Any party may propose changes or additions to the notice
				  required by NAC 703.2211 or 703.2511. The presiding officer shall resolve any
				  dispute concerning the contents of a proposed notice of hearing.
Added to NAC by Pub.
				  Service Comm'n, eff. 3-19-87
NRS
					 703.025,
					 703.320,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.665 - Location of hearing

Current through June 11, 2024
Hearings will be held at the location the Commission
				  designates in the notice of hearing. To the extent possible, hearings will be
				  held in the geographical area which is most affected by the proceeding.
Pub. Service Comm'n,
				  Gen. Order 3 part § 11.010, eff. 1-1-79-NAC A
				  1-6-84
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.667 - Objection by Commissioner to designation as presiding officer

Current through June 11, 2024
If the Commissioner designated by the Chair to preside over a
				  hearing objects to the designation and the Chair does not appoint a hearing
				  officer to preside over the hearing in lieu of the Commissioner, the Commission
				  will hear the matter and issue a decision thereon.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84; A by Pub. Utilities Comm'n by R047-02,
				  10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.670 - Continuances

Current through June 11, 2024
The Commission or presiding officer may, for good cause,
				  either before or during a hearing, grant a continuance of the hearing for the
				  conveniences of the parties or the Commission.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.190, eff. 1-1-79
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.675 - Failure of party to appear

Current through June 11, 2024
If a party, other than the Commission's staff or the
				  Consumer's Advocate, fails to appear at the time and place set for a prehearing
				  conference or hearing without prior notification to the Commission or the
				  presiding officer, the Commission will or the presiding officer shall dismiss
				  the party, with or without prejudice, unless the Commission or presiding
				  officer, upon good cause shown, excuses the absence.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.030, eff. 1-1-79-NAC A by Pub. Utilities Comm'n by
				  R047-02, 10-24-2002; R010-05, 9-7-2005
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.685 - Witnesses and testimony

Current through June 11, 2024
Except as otherwise provided by a specific regulation:
1. All testimony to be considered by the
				Commission or presiding officer at a formal hearing must be sworn testimony,
				except for matters of which official notice is taken or matters entered by
				stipulation.
2. Before testifying
				at the hearing, each witness shall declare, under oath or affirmation, that the
				testimony the witness is to give at the hearing will be the truth, the whole
				truth and nothing but the truth.
3.
				At the hearing, each party may cross-examine an opposing witness in accordance
				with
				NRS 233B.123. After
				cross-examination of the witness, redirect examination of the witness is
				limited to matters raised during cross-examination. After redirect examination
				of the witness, recross-examination of the witness is limited to matters raised
				during redirect examination.
4. If
				the presiding officer determines that a witness lacks specific experience,
				expertise or direct knowledge to testify on the subject on which the witness is
				testifying, the presiding officer may strike the testimony of the witness and
				dismiss the witness from testifying in the proceeding.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.050, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities
				  Comm'n by R047-02, 10-24-2002; R010-05, 9-7-2005
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.690 - Authority 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 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.695 - Order of proceedings; questions to clarify testimony and cross-examination of witnesses

Current through June 11, 2024
1. Applicants,
				petitioners or complainants may present their evidence first at a hearing. Then
				any parties of record opposing the application, petition or complaint may
				present their evidence. The presiding officer may designate the order in which
				each intervener or member of the Commission's staff 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) Interveners;
(3) Consumer's Advocate;
(4) Commission's staff; and
(5) Rebuttal by the applicant or
				petitioner.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.697 - Hearing on proposed regulation

Current through June 11, 2024
At a hearing on a proposed regulation, the presiding officer
				  may permit the questioning of those persons submitting statements in order to
				  clarify testimony. The cross-examination of persons who testify is not
				  permitted. The period for comment may be extended by the Commission so that
				  written comments on statements of other persons which are offered at the
				  hearing may be submitted to the Commission.
Added to NAC by Pub.
				  Service Comm'n, eff. 1-6-84; A 1-21-87
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.700 - Order requiring appearance of witness or compelling production of 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 Commission 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 Commission
				will issue the order or the presiding officer shall issue the order on behalf
				of the Commission. 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 Commission will or the presiding
				officer shall, upon its 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 Commission or presiding officer may,
				upon its 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.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.170, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities
				  Comm'n by R047-02, 10-24-2002
NRS
					 703.025,
					 703.340,
					 703.350,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.702 - Admissibility of evidence: Relevancy

Current through June 11, 2024
1. All evidence
				offered in a proceeding, including, without limitation, the testimony of a
				witness, must be relevant.
2. For
				the purposes of this section, evidence is "relevant" only if the evidence:
(a) Has any tendency to make the existence of
				any fact that is of consequence to the determination of the action more or less
				probable than it would be without the evidence; and
(b) Is directly related to the subject matter
				of the proceeding.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.705 - Objections concerning admissibility of evidence

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.
Pub. Service Comm'n,
				  Gen. Order 3 §§ 11.090, 11.160 & 11.260, eff. 1-1-79-NAC A
				  1-6-84
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.710 - Prepared testimony

Current through June 11, 2024
1. At the direction
				of the presiding officer, or as provided for by regulation, a party to a
				proceeding shall submit a copy of prepared testimony and accompanying exhibits
				to be presented at any hearing to the Commission and to each party of record.
				If the presiding officer directs any party to submit prepared testimony and
				accompanying exhibits, the presiding officer shall direct every party of record
				desiring to present direct testimony at the hearing to submit prepared
				testimony and accompanying exhibits to the Commission and each party of record
				to the proceeding before the date of the hearing. Unless otherwise specified,
				testimony of an applicant, petitioner or complainant must be filed with the
				Commission and received by each party of record no later than 10 business days
				before the hearing. Testimony of all other parties must be filed with the
				Commission and received by each party of record no later than 3 business days
				before the hearing. Any rebuttal evidence must be submitted to the Commission
				and to each party of record at least 3 days before it is offered at the hearing
				unless the presiding officer allows a later submission.
2. An application filed for an adjustment in
				rates must be accompanied by the applicant's prepared testimony at the time of
				filing. If the presiding officer so orders, additional copies of the
				applicant's prepared testimony must be provided. If the certification required
				by
				NRS
				704.110 is filed, any additional prepared
				testimony must accompany the certification.
3. After delivery of the prepared testimony
				to the Commission, amendments to it may be made upon approval of the Commission
				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
				Commission 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 according to the
				provisions of this chapter governing oral testimony.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.110, eff. 1-1-79-NAC A 1-6-84; 12-19-89; A by Pub.
				  Utilities Comm'n by R047-02, 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.712 - Motion to strike testimony of witness

Current through June 11, 2024
1. Any party of
				record may file a motion to strike the testimony of a witness. The party must:
(a) File the motion to strike, in writing,
				with the Commission not later than 10 business days after the date on which the
				party is served with the prepared testimony of the witness pursuant to NAC
				703.710 or not later than 3 business days before the date on which the witness
				testifies, whichever date occurs earlier, unless the presiding officer mandates
				a different time in a procedural order or at the prehearing conference;
				and
(b) Serve the motion to strike
				on each party of record within the same period.
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.715 - Documentary evidence

Current through June 11, 2024
1. An exhibit must
				meet the requirements for a nonsystem document as described in NAC 703.136. A
				copy of each documentary exhibit must be furnished to each party of record, and
				three copies must be furnished to the Commission. 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 statement, book
				or document containing that other matter may not be received or admitted 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, such as 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.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.100, eff. 1-1-79-NAC A 1-6-84; A by Pub. Utilities
				  Comm'n by R107-07, 12-4-2007
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.720 - Resolutions offered 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.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.120, eff. 1-1-79
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.722 - Rebuttal evidence

Current through June 11, 2024
1. If a party is
				entitled to rebuttal, the party may offer in its rebuttal only rebuttal
				evidence that directly explains, repels, counteracts or disproves facts offered
				in evidence by other parties of record who oppose the application, petition or
				complaint. The party may not offer any other evidence in its
				rebuttal.
2. Upon its own motion,
				or upon the written motion of the Commission's staff or any other party of
				record, the Commission will or the presiding officer shall strike any evidence
				offered by a party in its rebuttal that does not comport with the requirements
				of this section.
Added to NAC by Pub.
				  Utilities Comm'n by R047-02, eff. 10-24-2002
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.725 - Additional evidence

Current through June 11, 2024
1. At the hearing,
				the presiding officer may order the presentation of further evidence on any
				issue. Upon agreement of the parties, the presiding officer shall 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 Commission 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 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.730 - Receipt of evidence into record

Current through June 11, 2024
At the conclusion of the hearing, all evidence will be
				  received into the record, subject to the ruling of the presiding officer on
				  evidence to which timely objection has been made.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.150, eff. 1-1-79
NRS
					 703.025,
					 704.210
Nevada Administrative Code › Chapter 703 - Public Utilities Commission of Nevada › PRACTICE BEFORE COMMISSION › Hearings › Section 703.735 - Rulings by presiding officer

Current through June 11, 2024
1. All rulings made
				by the presiding officer regarding the admissibility of evidence are subject to
				review by the Commission. Any pending petition or motion that involves a final
				determination of the proceeding must be referred to the Commission for
				determination.
2. In extraordinary
				circumstances, when a prompt decision by the Commission is necessary to promote
				substantial justice, the presiding officer shall refer the matter to the
				Commission for determination and may recess the hearing pending its
				determination.
Pub. Service Comm'n,
				  Gen. Order 3 § 11.140, eff. 1-1-79-NAC A
				  1-6-84
NRS
					 703.025,
					 704.210