reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Transfer of Certificates, Permits and Licenses › Section 706.393 - Approval or denial of transfer

Current through June 11, 2024
1. No transfer of
				any operating right is effective except upon full compliance with these
				regulations and until after the Authority has approved the transfer as provided
				in this section. The mere execution of a chattel mortgage, deed of trust or
				other similar document does not constitute a transfer. A proposed transfer of
				operating rights by means of the foreclosure of a mortgage or deed of trust or
				other lien upon such rights, or by an execution in satisfaction of any judgment
				or claim against the holder, is not effective without compliance with these
				regulations and the prior approval of the Authority.
2. A proposed transfer of operating rights
				will not be approved if the Authority finds that the transferee does not intend
				to, or would not, engage in bona fide motor carrier operations under the
				operating rights, or if the Authority finds that the transferor acquired the
				operating rights to profit therefrom and has not engaged in bona fide motor
				carrier operations under the operating rights.
3. An application for the transfer of
				operating rights by a fully regulated carrier for the sale and transfer of
				operating authority will not be approved if the:
(a) Authority considers and determines that
				the purchase price to be paid would be excessive and contrary to the public
				interest.
(b) Transfer would tend
				to create an unfair competitive operation and is not consistent with the public
				interest.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3933 - Scope; applicability of Nevada Rules of Civil Procedure

Current through June 11, 2024
1. NAC 706.3933 to 706.4019, inclusive,
				govern practice before the Authority.
2. To the extent that any action before the
				Authority is not covered by the provisions of NAC 706.3933 to 706.4019,
				inclusive, the Authority may, to the extent it deems appropriate, use the
				applicable rule of the Nevada Rules of Civil Procedure.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3934 - Construction

Current through June 11, 2024
The provisions of NAC 706.3933 to 706.4019, inclusive, and
				  any regulations incorporated by reference will be construed by the Authority or
				  presiding officer so as to secure a just and speedy determination of the
				  issues.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3935 - Nature of proceedings

Current through June 11, 2024
Proceedings before the Authority are investigative on the
				  part of the Authority, although the proceedings may be conducted in the form of
				  adversary proceedings.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.39354 - "Relevant" interpreted

Current through June 11, 2024
As used in NAC
				  706.3933 to
				  706.4019, inclusive, the term
				  "relevant" in reference to evidence or information means that the evidence or
				  information:
1. Is directly related to
				the subject matter of a proceeding; and
2. Has any tendency to make the existence of
				any fact that is of consequence to a determination by the presiding officer
				more or less probable than it would be without the evidence or
				information.
Added to NAC by Nev.
				  Transportation Auth. by R091-18, eff. 12-19-2018
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.39355 - Evidence must be relevant

Current through June 11, 2024
All evidence offered in a proceeding, including, without
				  limitation, the testimony of a witness, must be relevant.
Added to NAC by Nev.
				  Transportation Auth. by R091-18, eff. 12-19-2018
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3936 - Parties: Classification of parties

Current through June 11, 2024
1. According to the
				nature of the proceedings before the Authority and the relationships of the
				parties to the proceedings, a party to a proceeding must be styled an
				applicant, petitioner, complainant, respondent, intervener or
				protestant.
2. A person applying in
				the first instance for a privilege, right or authorization from the Authority
				must be styled an "applicant."
3. A
				person who complains to the Authority of an act by a person subject to the
				jurisdiction of the Authority must be styled a "complainant."
4. A person granted leave to intervene
				pursuant to NAC 706.3965 to 706.3969, inclusive, must be styled an
				"intervener."
5. A person, other
				than a complainant or an applicant, petitioning for affirmative relief must be
				styled a "petitioner."
6. Any
				person, including, without limitation, a state or local governmental entity,
				who objects to an application, petition or other matter and who files a protest
				pursuant to NAC 706.397 or makes a statement at a hearing must be styled a
				"protestant." The filing of a protest does not make the protestant a party of
				record.
7. A person against whom a
				complaint is filed or a person who is the subject of an official investigation
				by the Authority must be styled a "respondent."
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3937 - Parties: Notice to parties

Current through June 11, 2024
1. The Authority
				will provide notice of the pendency of any matter before the Authority to the
				parties to the matter.
2. The
				notice of pendency will specify that the party may, within 10 days after the
				date of the notice, request a hearing on the matter.
3. If no request for a hearing is received by
				the Authority, it will dispense with a hearing and act upon the matter unless
				it finds that a hearing is necessary.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3938 - Parties: Rights of staff of Authority

Current through June 11, 2024
The staff of the Authority may appear, be represented by the
				  Attorney General and may otherwise participate in all proceedings before the
				  Authority.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3939 - Parties: Rights of parties

Current through June 11, 2024
1. At any
				proceeding before the Authority, each party of record is entitled to enter an
				appearance, introduce evidence, examine and cross-examine witnesses, make
				arguments, make and argue motions and generally participate in the proceeding
				to the extent allowed by the presiding officer.
2. The presiding officer shall acknowledge a
				protestant for the purpose of making a statement.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.394 - Parties: Appearances

Current through June 11, 2024
A party may enter an appearance at the beginning of a hearing
				  or at some other time designated by the presiding officer by giving his or her
				  name and address. If a person is appearing on behalf of a party, the person
				  must also identify the party he or she represents.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3941 - Parties: Representation of parties; qualifications of attorneys

Current through June 11, 2024
1. A party may represent himself or herself
				or may be represented by an attorney. Any other person who satisfies the
				Authority or presiding officer that he or she possesses the expertise to render
				valuable service to the Authority, and that he or she is otherwise competent to
				advise and assist in the presentation of matters before the Authority, may be
				allowed to appear on behalf of a party or parties.
2. An attorney at law appearing as legal
				counsel in any proceeding must be duly admitted to practice and in good
				standing before the highest court of any state. If an attorney is not admitted
				and entitled to practice before the Supreme Court of Nevada, he or she must
				associate with an attorney so admitted and entitled to practice.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3942 - Parties: Withdrawal of representative

Current through June 11, 2024
A representative wishing to withdraw from a proceeding before
				  the Authority must provide written notice of his or her intent to withdraw to
				  the Authority and each party to the proceeding.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3943 - Parties: Conduct required

Current through June 11, 2024
1. Any person
				appearing in a proceeding must conform to recognized standards of ethical and
				courteous conduct required of practitioners before the courts of this
				State.
2. Contumacious conduct by
				any person at any hearing before the Authority is a ground for the exclusion of
				that person from that hearing and for summary suspension of that person from
				further participation in the proceedings. The Authority will bar any person
				excluded pursuant to this subsection from attending any further proceedings of
				the Authority unless the Authority grants a petition by that person pursuant to
				subsection 3.
3. Any person
				excluded from proceedings of the Authority pursuant to subsection 2 may
				petition the Authority to rescind the exclusion. The Authority will grant the
				petition if it finds sufficient evidence that the contumacious conduct which
				led to the exclusion of the person will not reoccur.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.39435 - Parties: Communication with Commissioners prohibited

Current through June 11, 2024
1. In any contested case pending before the
				Authority, a party or a protestant or an authorized representative of, or an
				attorney representing, a party or a protestant shall not communicate, directly
				or indirectly, with a Commissioner regarding any substantive issues of fact or
				law that relate to the contested case, unless the communication:
(a) Is part of a pleading filed and served in
				accordance with the provisions of this chapter and chapter 706 of NRS;
				or
(b) Takes place during a formal
				hearing before the Authority.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3944 - Confidentiality of information: Definitions

Current through June 11, 2024
As used in NAC 706.3944 to 706.3954, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 706.3945,
				  706.3946 and 706.3947 have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3945 - Confidentiality of information: "Information" defined

Current through June 11, 2024
"Information" means any books, accounts, records, minutes,
				  reports, papers and property of a person which are in the possession of, or
				  have been provided to, the Authority.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3946 - Confidentiality of information: "Person" defined

Current through June 11, 2024
"Person" means a natural person, any form of business or
				  social organization and any other legal entity, including, without limitation,
				  a corporation, partnership, association, trust, unincorporated organization,
				  government, governmental agency or political subdivision of a
				  government.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3947 - Confidentiality of information: "Protective agreement" defined

Current through June 11, 2024
"Protective agreement" means an agreement pursuant to which a
				  person agrees not to disclose, or otherwise make public, the information
				  requested to be confidential and which specifies the manner in which the
				  confidentiality of the information is to be treated.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3948 - Confidentiality of information: Applicability

Current through June 11, 2024
The provisions set forth in NAC 706.3944 to 706.3954,
				  inclusive, apply to all proceedings before the Authority or presiding
				  officer.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3949 - Confidentiality of information: Request for confidential treatment of information; procedure; responsibilities of Authority; hearing

Current through June 11, 2024
1. A
				person who requests that information, which is in the possession of the
				Authority and pertains to that person, not be disclosed must submit to:
(a) The Deputy Commissioner, one copy of the
				document which contains the information in an unredacted form. The document
				must be placed in a sealed envelope, and the envelope and each page of the
				document must be stamped with the word "Confidential."
(b) The Authority, a copy of the document
				which redacts the information for which the confidential treatment is requested
				and such additional copies of the redacted document as requested by the
				Authority. The Authority may not request more than nine additional copies of
				the redacted document.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3951 - Confidentiality of information: Prepared testimony containing or addressing information designated as confidential

Current through June 11, 2024
For information that has been determined to be confidential,
				  the Authority will or the presiding officer shall, in addition to the other
				  procedures set forth in NAC 706.3944 to 706.3954, inclusive:
1. Require that the prepared testimony which
				contains the confidential information not be disclosed except as otherwise
				specified in a protective agreement or a protective order issued by the
				Authority or presiding officer; or
2. Unless otherwise agreed upon by the
				parties involved, require that the portion of the prepared testimony of a
				person which may address the confidential information be submitted to the party
				who had requested that the information not be disclosed, before the date on
				which the prepared testimony is to be submitted to the Authority or other
				parties.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3952 - Confidentiality of information: Contents of protective order issued with regard to information designated as confidential

Current through June 11, 2024
If the Authority or presiding officer determines that a
				  protective order should be issued with regard to the information designated as
				  confidential, the Authority will or the presiding officer shall, issue a
				  protective order which:
1. Describes
				generally the nature of the confidential information and the procedures to be
				used to protect the confidentiality of the information.
2. Specifies the period during which the
				disclosure of the information to the public will be withheld or otherwise
				limited.
3. Specifies the
				procedures to be used by each person during the pendency of the proceedings to
				ensure the confidentiality of the information.
4. Specifies the procedures for handling or
				returning the confidential information, as appropriate, upon the close of the
				proceedings or at the end of the period for which the information is to be
				treated as confidential.
5.
				Requires that the confidential information not be disclosed, except as:
(a) May be agreed upon by the parties
				pursuant to a protective agreement; or
(b) Otherwise directed by the Authority or
				presiding officer.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3953 - Confidentiality of information: Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential

Current through June 11, 2024
1. Any
				determination by the presiding officer regarding the treatment of confidential
				information may be appealed to the full Authority pursuant to NAC 706.3995. The
				information will be subject to public disclosure 3 business days after the date
				on which the presiding officer issues his or her order denying the request for
				confidentiality unless:
(a) The party who made
				the request appeals the decision of the presiding officer to the full
				Authority; or
(b) Otherwise
				required by the order of a court of competent jurisdiction or agreed upon by
				the parties involved.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3954 - Confidentiality of information: Disclosure of information designated as confidential; penalties

Current through June 11, 2024
1. During the
				pendency of a proceeding, any person who receives information which has been
				designated as confidential pursuant to NAC 706.3944 to 706.3954, inclusive:
(a) Shall not disclose the information unless
				the confidentiality of the information is waived. The confidentiality of
				information shall be deemed to be waived if:
(1) The person who requested that the
				information not be disclosed makes the information available to the public or
				otherwise authorizes the disclosure of the information; or
(2) The Authority or presiding officer enters
				an order which authorizes the disclosure of the information.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3955 - Pleadings: Captions, amendments and construction

Current through June 11, 2024
1.
				Pleadings before the Authority must be styled applications, petitions,
				complaints, answers, motions and protests.
2. If not otherwise prohibited by law and if
				substantial rights of the parties will not be prejudiced, the Authority will
				allow any pleading to be amended or corrected or any omission in the pleading
				to be cured.
3. The Authority will
				and the presiding officer shall liberally construe the pleadings and disregard
				any defects which do not affect the substantial rights of any party.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3956 - Pleadings: Applications

Current through June 11, 2024
1. A pleading
				requesting a privilege, right or authority from the Authority must be styled an
				"application."
2. An application
				must set forth:
(a) The full name, mailing
				address and telephone number of the applicant and the full name, mailing
				address and telephone number of the authorized representative or attorney of
				the applicant, if applicable;
(b)
				All material facts that the applicant is prepared to prove and upon which the
				Authority may base a 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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3957 - Pleadings: Petitions

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 NAC 706.010 to 706.4019,
				inclusive, 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 Authority 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 Authority, the petition shall
				be deemed denied.
4. If the
				Authority sets a petition for further proceedings, the Authority will rule on
				the petition within 120 days after the date on which the Authority set the
				petition for further proceedings.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3958 - Pleadings: 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, without limitation, 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, without limitation:
(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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3959 - Pleadings: Motions

Current through June 11, 2024
1. Any request for
				an order by the Authority, except for an order to allow 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 Authority 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, without limitation, citations of any authorities upon which the
				motion relies.
5. A written motion
				must be filed with the Authority and served upon all parties of
				record.
6. The presiding officer
				may direct that any motion made at a proceeding 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, without limitation, a motion to
				dismiss, will be considered by the Authority at the time of the final decision
				and order, unless the presiding officer or the Authority 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.
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. For the purpose of this section, "party
				of record" includes, without limitation, all persons who have filed petitions
				for leave to intervene which are pending at the time a motion is to be filed or
				served.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.396 - Pleadings: Responses to motions

Current through June 11, 2024
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 written response must be:
(a) Served upon each party of
				record.
(b) Filed with the
				Authority not later than 7 days after receipt of service of the motion, unless
				otherwise directed by the presiding officer.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3961 - Pleadings: Requirements for format; signature; request for hearing

Current through June 11, 2024
1. Pleadings must:
(a) Be properly titled.
(b) Be signed in ink by each party or an
				authorized person.
(c) Include the
				name and address of each party and, if represented, the name, address and
				telephone number of the authorized representative or attorney of the
				party.
(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.
(f) Be
				typewritten, printed or reproduced in at least 12-point type on good quality
				white paper, which is approximately 8 1/2 by 11 inches in size. Any exhibit or
				appendix accompanying the pleading must be folded to this size. Information
				must be presented on only one side of the paper and must be double spaced,
				except for footnotes or quotations which are indented. All copies must be clear
				and permanently legible.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3962 - Pleadings: Filing of pleading

Current through June 11, 2024
Except as otherwise provided in this section, the original of
				  all pleadings and such additional legible copies as requested by the staff of
				  the Authority must be filed at the office of the Authority in Las Vegas. The
				  staff of the Authority may not request more than nine additional copies of
				  pleadings. If a written protest is made, only the original is required to be
				  filed. The presiding officer may require the parties to file additional copies
				  if needed.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by Nev. Transportation
				  Auth. by R113-10, 12-16-2010
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3963 - Pleadings: Answers

Current through June 11, 2024
1. A party to a
				proceeding who desires to contest a petition, an order to show cause or a
				complaint or make any representation about it to the Authority may file an
				answer with the Authority.
2. An
				answer to an order to show cause or a complaint must:
(a) Be in writing; and
(b) Specifically admit or deny each material
				allegation and state any new matter constituting a defense. Matters alleged by
				way of an affirmative defense must be separately stated and numbered.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3964 - Pleadings: Answers to petitions

Current through June 11, 2024
An answer to a petition must:
1. Be in writing;
2. Be written so as to advise the Authority
				and parties of record fully of the nature of the answer;
3. Contain a separate statement and number
				for each material element of the answer;
4. Be signed by the answering party or, if
				represented, by his or her attorney or other authorized
				representative;
5. Include the full
				name, address and telephone number of the answering party; and
6. Be filed with the Authority within 15 days
				after service of the petition to which the answer is directed, unless the
				Authority shortens or extends this time.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.060,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3965 - Pleadings: Petition to intervene

Current through June 11, 2024
Any person who can demonstrate a direct and substantial
				  interest in a proceeding and desires to participate in it as an intervener must
				  file a petition with the Authority requesting an order allowing the
				  intervention.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.39655 - Pleadings: Response to petition to intervene

Current through June 11, 2024
1. A
				person who wishes to respond to a petition for leave to intervene filed
				pursuant to NAC
				706.3965,
				706.3966 and
				706.3967 may file with the
				Authority 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 Authority and served on
				each party to the proceeding 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
				Authority 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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3966 - Pleadings: Contents of petition to intervene; circumstances under which petitioner has direct and substantial interest in proceeding

Current through June 11, 2024
1. A petition for leave to intervene must be
				in writing and set forth the following:
(a)
				The title and docket number of the proceeding in which leave to intervene is
				sought.
(b) 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.
(c) A clear and concise statement of the
				direct and substantial interest of the petitioner in each statutory element at
				issue before the Authority in the proceeding in which the petitioner seeks to
				participate, which must include, without limitation:
(1) A description of the manner in which the
				petitioner may be unreasonably and adversely affected by the
				proceeding;
(2) If applicable, a
				description of the manner in which a matter relating to the proceeding may be
				inconsistent with the provisions of NRS
				NRS
				706.151;
(3) A description of the manner in which the
				petitioner will be prejudiced by the denial of his or her petition to
				intervene; and
(4) If applicable,
				citations to relevant statutory and regulatory provisions that the petitioner
				believes are not being complied with or are being violated.
(d) If affirmative relief is
				sought, a description of the desired relief and the basis for that
				relief.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3967 - Pleadings: Filing of petition to intervene

Current through June 11, 2024
1. A
				petition for leave to intervene must be filed with the Authority within any
				applicable period set in the public notice published in accordance with NAC
				706.1355.
2. If a petition for
				leave to intervene is filed after the applicable period, the petition must
				state a substantial reason for the delay.
3. As used in this section, "substantial
				reason" means a reason to relieve a person from a final judgment, order or
				proceeding pursuant to Rule 60(b) of the Nevada Rules of Civil
				Procedure.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by Nev. Transportation
				  Auth. by R113-10, 12-16-2010
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3968 - Pleadings: Approval or denial of petition to intervene; discovery

Current through June 11, 2024
1. If a petition for leave to intervene
				demonstrates that:
(a) Based upon the contents
				of the petition required pursuant to NAC 706.3966, the petitioner has a direct
				and substantial interest in one or more of the elements of the proceeding;
				and
(b) The intervention would not
				unduly broaden the issues,
the Authority or presiding officer may grant leave for the
				  petitioner to intervene or otherwise to appear in the proceeding with respect
				  to those elements of the proceeding in which a direct and substantial interest
				  is found, subject to such reasonable conditions as may be prescribed by the
				  Authority or presiding officer.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3969 - Pleadings: Limitation on number of interveners

Current through June 11, 2024
When two or more interveners have substantially the same
				  interest and positions, the Authority or presiding officer may, to expedite the
				  hearing, limit the number of interveners who will be allowed to cross-examine,
				  make and argue motions or make objections during the course of the
				  hearing.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.397 - Pleadings: Protests

Current through June 11, 2024
1. Any objection by
				a person, who is not a party of record, to an application, petition or other
				matter must be styled a "protest."
2. A written protest must legibly set forth a
				clear statement of the matter to which an objection is made.
3. The Authority will make available a copy
				of a written protest to the parties against whom it is directed.
4. Even if a hearing on a written protest is
				not required by law, the Authority will notify the parties of record and hold
				such a hearing if the public interest will be served.
5. A protest at a hearing may be oral or
				written.
6. At a hearing, the
				presiding officer shall allow any protestant to enter an appearance in the
				proceeding. A protestant who desires to participate as a party of record in a
				proceeding must file a written petition for leave to intervene unless the
				presiding officer upon good cause shown allows an oral petition for leave to
				intervene. A protestant is entitled to participate as a party of record only to
				the extent that leave to intervene is granted.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3971 - Pleadings: Service of process

Current through June 11, 2024
1. All documents
				required to be served on a party by any other party may be served in person or
				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.
2. After the commencement of
				a proceeding, a copy of each pleading to be filed with the Authority must be
				served by the pleading party on every other party of record. If a party of
				record is represented by an authorized representative or an attorney, service
				must be made on that representative or attorney. Service must be made before or
				concurrently with the filing of the pleading with the Authority.
3. Upon the advance request of another party,
				a party serving a document shall telephone the requesting party when the
				document is ready to be served so that it may be accepted personally by the
				requesting party in lieu of service by mail.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3972 - Pleadings: 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 mailing a copy
				  thereof, properly addressed, with postage prepaid to
				  ................................ Dated at ..................., this
				  .........(day) of .................(month) of .........(year)
...........................................................
Signature
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3973 - Oral or informal written complaints: Disposition

Current through June 11, 2024
1. The staff of the Authority shall attempt
				to resolve any oral or informal written complaint made by a customer against a
				motor carrier or broker.
2. The
				staff of the Authority may request that the customer provide a written
				confirmation of an oral complaint.
3. The staff of the Authority shall, within
				20 days after receiving an informal written complaint, send a copy of the
				complaint to the motor carrier or broker against which the complaint is made.
				The staff may require the motor carrier or broker to file a response to the
				informal written complaint with the staff pursuant to NAC 706.3975.
4. The staff of the Authority shall examine
				an oral or informal written complaint, any response and any other information
				obtained by the staff that is necessary for the resolution of the
				complaint.
5. After completing an
				investigation of the matter set forth in an oral or informal written complaint,
				the staff of the Authority shall:
(a) Notify
				the parties to the complaint of the results of the investigation; and
(b) Recommend any action that the parties
				should take to resolve the complaint.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3974 - Formal written complaints: General requirements

Current through June 11, 2024
1. A formal written complaint, other than a
				formal written complaint filed by a motor carrier or broker pursuant to NAC
				706.398, must:
(a) Clearly and concisely
				state the grounds of the complaint and the facts constituting the alleged
				wrongful acts or omissions;
(b) Be
				accompanied by copies of all supporting documents, such as invoices, bills of
				lading, cancelled checks and statements of account;
(c) Include the name and address of the
				complainant and, if he or she is being represented by an attorney or other
				authorized representative, the name, address and telephone number of the
				attorney or authorized representative;
(d) Include the name of the motor carrier or
				broker against whom the complaint is being made;
(e) Include the date of each act or omission
				that is the subject of the complaint;
(f) Include the nature of the relief sought;
				and
(g) Include the signature of
				the complainant or the attorney or authorized representative of the
				complainant.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3975 - Complaints: Response

Current through June 11, 2024
1. A motor carrier
				or broker which receives a request for a response to a complaint shall file
				with the staff of the Authority a written response to the request within 15
				days after receiving the complaint unless, for good cause shown, the staff
				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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3976 - Formal written complaints: Investigation and recommendation of action by staff of Authority

Current through June 11, 2024
1. When the staff
				of the Authority receives a response to a formal 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 formal written complaint, the staff of the Authority
				shall notify all parties of the results of the investigation and shall
				recommend any action that the parties should take to resolve the
				complaint.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02,
				  9-20-2002
NRS
					 233B.050,
					 706.171,
					 706.286
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3977 - Formal written complaints: Transmittal of unresolved complaint to Authority

Current through June 11, 2024
1. If the staff of
				the Authority cannot resolve a formal written complaint, either because it
				determines that the complaint cannot be resolved or the complainant is not
				satisfied with the recommendation of the staff, the staff shall inform all
				parties that the complaint has been transmitted to the Authority for
				review.
2. In addition to
				transmitting the formal written complaint, the results of its investigation and
				its recommendation to the Authority, the staff of the Authority shall transmit:
(a) The reasons for the complaint;
(b) The position taken by the respondent;
				and
(c) Any interim action taken by
				the staff.
The staff shall send this additional information to the
				  complainant and respondent.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3978 - Formal written complaints: Dismissal

Current through June 11, 2024
If the Authority determines that no probable cause exists for
				  a formal written complaint received by the staff of the Authority or if the
				  complaint has been settled and the Authority has received notice of the
				  settlement, the Authority will dismiss the complaint. A copy of the entry in
				  the minutes of the Authority showing the dismissal of the complaint by the
				  Authority and a short statement of the reasons for the dismissal will be served
				  upon the complainant and respondent.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02,
				  9-20-2002
NRS
					 233B.050,
					 706.171,
					 706.286