Nevada Administrative Code › Chapter 706 - Motor Carriers › PRACTICE BEFORE TAXICAB AUTHORITY › Hearings › Section 706.948 - Rules and types of evidence

Current through June 11, 2024
1. In conducting
			 any investigation, inquiry or hearing, neither the Authority nor any of its
			 officers or employees are bound by the technical rules of evidence, and no
			 informality in any proceeding or in the manner of taking of testimony will
			 invalidate any order, decision, rule or regulation made, approved or confirmed
			 by the Authority or Administrator. Rules of evidence before the courts of
			 Nevada will be generally followed but may be relaxed in the discretion of the
			 Authority, presiding officer or Administrator when deviation from the technical
			 rules of evidence will aid in ascertaining the facts.
2. A copy of each documentary exhibit must be
			 furnished to each party of record present, and nine additional copies must be
			 furnished for the use of the Authority. Where relevant and material matter
			 offered in evidence is embraced in a written or printed statement, book or
			 document of any kind containing other matter not material or relevant and not
			 intended to be put in evidence, such statement, book or document in whole must
			 not be received or allowed to be filed, but counsel and other parties offering
			 it must present in convenient and proper form for filing, a copy of such
			 material and relevant matter, or at the discretion of the presiding officer,
			 read it into the record, and that only will be received and allowed to be filed
			 as evidence and made part of the record. Whenever practicable, the parties
			 should interchange copies of exhibits before, or after the commencement of the
			 hearing. Any documentary evidence offered, whether in the form of exhibit or
			 introduced by reference, is subject to appropriate and timely
			 objection.
3. With the approval of
			 the presiding officer, a witness may read into the record his or her testimony
			 on direct examination. Before any prepared testimony is read, unless excused by
			 the presiding officer, the witness shall deliver copies thereof to the
			 presiding officer, the reporter and all counsel or parties. Admissibility is
			 subject to the rules governing oral testimony. If the presiding officer deems
			 that a substantial saving in time will result and where the parties so agree,
			 prepared testimony may be copied into the record without reading, provided that
			 the copies have been served upon all parties and the Authority 5 days before
			 the hearing or that such prior service is waived. All parties and the Authority
			 staff shall be prepared for cross-examination with respect to direct testimony
			 upon its presentation for the record, whether such testimony is delivered
			 orally, read into the record or copied into the record in accordance with this
			 section.
4. Resolutions properly
			 authenticated of the governing bodies of cities, towns, counties, and other
			 municipal corporations, and of chambers of commerce, boards of trade,
			 commercial, mercantile, agricultural, or manufacturing societies and other
			 civic organizations will be received in evidence if offered at the hearing by
			 the president, secretary or other proper person. Such resolutions will be
			 received subject to rebuttal by adversely affected parties as to either the
			 authenticity of the resolution or the circumstances surrounding its
			 procurement. Recitals of fact contained in resolutions are not proof of those
			 facts, and resolutions may only be received for the limited purpose of showing
			 the expression of the official action of the resolving body with respect to the
			 matter under consideration in the proceeding.
5. When a party desires to offer in evidence
			 any portion of the oral testimony, exhibits, order, decision or record in any
			 other proceeding before the Authority or Administrator, such portion must be
			 plainly designated in the record and, if admitted, shall be deemed to be a part
			 of the oral testimony in the immediate proceeding without physical production
			 and marking for identification.
Taxicab Auth., Practice Rule 9
			 part § 9.12, §§ 9.13-9.15 & 9.22, eff. 7-1-70-NAC A
			 10-13-88
NRS
			 233B.050,
			 706.8818