reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3979 - Formal written complaints: Public hearing; interim relief

Current through June 11, 2024
If the Authority determines that probable cause exists for a
				  formal written complaint received by the staff of the Authority, 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
				Authority, 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 the investigation of 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 706.398 - Formal written complaints filed by motor carriers or brokers

Current through June 11, 2024
1. The Authority will directly investigate
				any formal written complaint filed by a motor carrier or broker.
2. Such a complaint 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 motor carrier or broker
				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 formal written complaint must be signed by the
				  complainant or, if represented, by his or her attorney or other authorized
				  representative.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3981 - Hearings: Prehearing conference

Current through June 11, 2024
1. If a proceeding
				appears to involve complex or multiple issues, the presiding officer may 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) Establish any other procedure which may
				expedite the orderly conduct and disposition of the proceedings.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3982 - Hearings: Notice of hearing

Current through June 11, 2024
1. In addition to
				complying with the requirements of NRS
				NRS
				233B.121 for a notice of hearing in a
				contested case, the Authority will include the words "notice of hearing" in any
				such notice.
2. The Deputy
				Commissioner shall file or cause to be filed an affidavit of publication with
				the Authority.
3. The Authority
				will cause such a notice to be published in an advertisement of at least 1
				column inch by 3 inches, with a border on all sides, in newspapers selected as
				follows:
(a) If the Deputy Commissioner
				determines that the subject matter of the hearing will have a statewide effect,
				the notice will be published at least once in four or more newspapers of
				general circulation, which are published in this State, no two of which are
				published in the same county; or
(b) If the Deputy Commissioner determines
				that the subject matter of the hearing will have an effect on a limited number
				of counties only, the notice will be published once in a newspaper of general
				circulation published in each county where affected members of the public
				reside. If there is no newspaper published in a county where affected members
				of the public reside, the notice will be published in a county adjacent to the
				county.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3983 - Hearings: Continuances

Current through June 11, 2024
The Authority or presiding officer may, for good cause,
				  either before or during a hearing, grant a continuance of the hearing for the
				  convenience of the parties or 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 706.3984 - Hearings: Failure of party to appear or respond

Current through June 11, 2024
1. If
				an applicant, petitioner, complainant or intervener fails to appear at the time
				and place set for hearing, the Authority may dismiss the petition, application,
				complaint or intervention with or without prejudice, or may, upon good cause
				shown, recess the hearing to a future date to be set by the Authority to enable
				the applicant, petitioner or complainant to attend.
2. If an applicant, petitioner, complainant
				or intervener fails to respond to a request for data from the staff of the
				Authority within 10 working days after the issuance of the request, the person
				designated by the Authority as the Manager of Transportation shall, at the next
				regularly scheduled meeting of the Authority, move for dismissal of the
				application, petition, complaint or 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 706.3985 - Hearings: Testimony under oath

Current through June 11, 2024
All testimony to be considered by the Authority in a formal
				  hearing must be sworn testimony except for matters of which official notice is
				  taken or matters entered by stipulation. Before testifying, each witness shall
				  declare, under oath or affirmation, that the testimony he or she is to give at
				  the hearing will be the truth, the whole truth and nothing but the
				  truth.
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 706.3986 - Hearings: 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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3987 - Hearings: Order of proceeding

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 shall designate the stage of the
				proceeding at which each intervener, protestant or member of the staff of the
				Authority 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) Staff of the
				Authority; and
(4) Rebuttal by the
				applicant or petitioner.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3988 - Hearings: Conduct of hearing on proposed regulation

Current through June 11, 2024
At a hearing on a proposed regulation, the presiding officer
				  may allow the questioning of those persons submitting statements to clarify
				  testimony. The cross-examination of persons who testify is not allowed. The
				  period for comment may be extended by the Authority so that written comments on
				  statements of other persons which are offered at the hearing may be submitted
				  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 706.3989 - Hearings: Order for appearance of witness or 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 Authority 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 Authority
				will issue the order or the presiding officer shall issue the order on behalf
				of the Authority. 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 Authority will or the presiding
				officer shall, upon the Authority's 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 Authority or
				presiding officer may, upon the Authority's 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.
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 706.399 - Hearings: Objections regarding 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.
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 706.3991 - Hearings: Prepared testimony

Current through June 11, 2024
1. At the
				discretion of the presiding officer, a party to a proceeding shall submit a
				copy of prepared testimony and accompanying exhibits to be presented at a
				hearing to the Authority and to each party of record.
2. An application filed for an adjustment in
				rates must be accompanied by the prepared testimony of the applicant at the
				time of filing. If the presiding officer so orders, additional copies of the
				prepared testimony of the applicant must be provided.
3. After delivery of the prepared testimony
				to the Authority, amendments to the prepared testimony may be made upon
				approval of the Authority 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 Authority 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
				pursuant to NAC 706.010 to 706.4019, inclusive, which govern oral
				testimony.
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
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.3992 - Hearings: Documentary evidence

Current through June 11, 2024
1. An exhibit must
				be limited in size to 8 1/2 by 11 inches when folded, unless otherwise allowed
				by the presiding officer. A copy of each documentary exhibit must be furnished
				to each party of record, and copies of each exhibit must be furnished to the
				Authority in such number as requested by the staff of the Authority or the
				presiding officer. The Authority or presiding officer may not request more than
				10 copies of each documentary exhibit. 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.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff. 10-28-98; A by R040-02, 9-20-2002;
				  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 706.3993 - Hearings: Resolutions

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.
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 706.3994 - Hearings: Additional evidence

Current through June 11, 2024
1. At the hearing,
				the presiding officer may order the presentation of further evidence on any
				issue. The presiding officer may 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 Authority 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 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.39943 - Hearings: 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 Authority's staff or any other party, the
				Authority 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 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 706.39947 - Hearings: Evidence received 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 as to
				  evidence to which timely objection was made.
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 706.3995 - Hearings: 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 Authority. Any pending petition or motion that
				involves a final determination of the proceeding must be referred to the
				Authority for determination.
2. In
				extraordinary circumstances, when a prompt decision by the Authority is
				necessary to promote substantial justice, the presiding officer shall refer the
				matter to the Authority for determination and may recess the hearing pending
				the determination.
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 706.3996 - Hearings: Consolidation

Current through June 11, 2024
1. The Authority
				may consolidate two or more dockets in any one hearing when it appears that the
				issues are substantially the same and that the rights of the parties will not
				be prejudiced by a consolidated hearing.
2. At a consolidated hearing, the presiding
				officer will determine the order in which the parties introduce their evidence
				and the general procedure to be followed during the course of the consolidated
				proceeding.
3. The presiding
				officer will apportion the costs of the hearing among the parties in a manner
				not contrary to statute.
4. Unless
				the Authority orders otherwise, the Deputy Commissioner will place the same
				date of issuance and the same effective date, if applicable, on all orders made
				by the Authority in relation to a consolidated 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 706.3997 - Hearings: Stipulations

Current through June 11, 2024
1. With the
				approval of the presiding officer, the parties may stipulate as to any fact in
				issue, either by written stipulation introduced in evidence as an exhibit or by
				an oral statement made upon the record. This stipulation is binding only upon
				the parties so stipulating and is not binding upon the Authority.
2. The stipulation may be considered by the
				Authority as evidence at the hearing. The Authority or presiding officer may
				require proof of the facts stipulated to by independent evidence,
				notwithstanding the stipulation of the parties. A stipulation without
				additional proof is not binding on the Authority in the determination of the
				matter.
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 706.3998 - Hearings: Interim order

Current through June 11, 2024
The Authority or presiding officer may, in the course of a
				  proceeding and before entering a decision or a recommended decision, issue an
				  appropriate written interim order. An interim order is not subject to
				  exceptions or petitions for rehearing, reconsideration or reargument, but any
				  party of record aggrieved by the interim order may file a written motion to set
				  aside, stay or modify the order.
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 706.3999 - Hearings: Official notice

Current through June 11, 2024
The Authority or presiding officer may take official notice
				  of the following matters:
1. Rules,
				regulations, official reports, decisions and orders of the Authority and any
				other agency of the State.
2.
				Contents of decisions, orders, certificates and permits issued by the
				Authority.
3. Matters of common
				knowledge and technical or scientific facts of established character.
4. Official documents, if pertinent and
				properly introduced into the record of formal proceedings by reference. A
				proper and definite reference to a document must be made by the party offering
				the document, and the document must be generally circulated to each party of
				record.
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 706.400 - Hearings: Briefs

Current through June 11, 2024
In a hearing, the presiding officer may order briefs to be
				  filed within a reasonable time. The original and such copies of each brief as
				  requested by the presiding officer, but not to exceed 10 copies, must:
1. Be filed with the Authority;
2. Contain all legal authority cited therein
				as exhibits; and
3. Be accompanied
				by an acknowledgment of or an affidavit showing service on each party of
				record.
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 706.4001 - Hearings: Oral arguments

Current through June 11, 2024
The Authority may, following the filing of briefs or upon
				  contested motions, set the matter for oral argument upon 10 days' notice to
				  each party of record, unless the Authority considers a shorter time
				  advisable.
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 706.4002 - Hearings: Decision by Authority

Current through June 11, 2024
Unless otherwise specifically ordered, a matter stands
				  submitted for decision by the Authority at the close 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 706.4003 - Hearings: Reopening proceedings to receive additional evidence

Current through June 11, 2024
At any time after the conclusion of a hearing and before the
				  issuance of a final order, the Authority or presiding officer, on the
				  Authority's or presiding officer's own motion, may reopen the proceedings for
				  the taking of additional evidence.
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 706.4004 - Hearings: Proposed findings of fact and conclusions of law

Current through June 11, 2024
1. The presiding officer may require any
				party of record to file proposed findings of fact and conclusions of law at the
				close of the proceeding. The presiding officer will fix the period within which
				these proposed findings and conclusions must be filed. No decision, report or
				recommended order may be made until after the expiration of this
				period.
2. Each proposed finding of
				fact and conclusion of law must be clearly and concisely stated and numbered.
				Each proposed finding of fact must specifically show, by appropriate references
				to the transcript, the testimony which supports the statement.
3. An original and such copies of proposed
				findings of fact and conclusions of law, accompanied by a certificate of
				service, as requested by the presiding officer must be filed by each party with
				the Authority, and one copy must be served upon each party of record. A
				presiding officer may not request more than 10 copies of proposed findings of
				fact and conclusions of law.
4. Any
				party of record may petition the Authority for an extension of time in which to
				file proposed findings of fact and conclusions of law.
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 706.4005 - Hearings: Date of issuance and effective date of order

Current through June 11, 2024
1. The date of the issuance of an order is
				the day on which the Deputy Commissioner signs and verifies the order and
				affixes the seal of the Authority on the order. The Deputy Commissioner shall
				mail or deliver copies of the order to the parties of record not later than 1
				day following the date of issuance. The date of issuance of an order may or may
				not be the day on which the Authority makes the decision. The Deputy
				Commissioner shall clearly indicate on each order the date of its
				issuance.
2. Unless otherwise
				specifically provided in the order, an order of the Authority is effective as
				of the date of its issuance.
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 706.4006 - Hearings: Copies of transcripts

Current through June 11, 2024
Any party may obtain a copy of the transcript of a hearing
				  before the Authority from the official reporter upon payment of the fees fixed
				  therefor. Each transcript must include an index of each exhibit presented at
				  the hearing and copies of each exhibit. The original and two copies of each
				  transcript must be provided to the Authority by the initiating party within 15
				  business days after the close of the hearing unless otherwise ordered by the
				  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 706.4007 - Declaratory orders and advisory opinions: Petition; hearings

Current through June 11, 2024
1. Any interested person may petition the
				Authority for a declaratory order or an advisory opinion as to the
				applicability of any statutory provision or any regulation or decision of the
				Authority. The Authority will retain discretion as to if and how such a
				petition will be addressed.
2.
				Hearings will be held by the Authority, if needed, to obtain information
				necessary or useful in formulating a declaratory order or advisory
				opinion.
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
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4008 - Administrative fines: Definitions

Current through June 11, 2024
As used in NAC 706.4008 to 706.4019, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 706.4009,
				  706.401 and 706.4011 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,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4009 - Administrative fines: "Administrative proceeding" defined

Current through June 11, 2024
"Administrative proceeding" means a proceeding to impose an
				  administrative fine pursuant to subsection 2 of
				  NRS
				  706.771.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.401 - Administrative fines: "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means a person designated pursuant to
				  subsection 2 of
				  NRS
				  706.1514 to conduct an administrative
				  proceeding.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4011 - Administrative fines: "Respondent" defined

Current through June 11, 2024
"Respondent" means a person against whom an administrative
				  proceeding is initiated.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4012 - Administrative fines: Initiation and termination of administrative proceeding by staff of Authority; conduct of, applicable regulations for and intervention in administrative proceeding

Current through June 11, 2024
1. An
				administrative proceeding must be initiated by the staff of the Authority as
				provided in NAC 706.4013. The staff may terminate an administrative proceeding
				at any time before a hearing without prejudice to the initiation of another
				administrative proceeding based upon the same set of facts.
2. An administrative proceeding must be
				conducted pursuant to the provisions of chapter 233B of NRS and those
				provisions of chapter 706 of NRS which do not conflict with the provisions set
				forth in chapter 233B of NRS regarding notice to parties and the opportunity of
				parties to be heard.
3. The
				provisions of NAC 706.3933 to 706.4007, inclusive, apply to an administrative
				proceeding, as if the hearing officer were the Authority or presiding officer,
				to the extent that those provisions do not conflict with the provisions of NAC
				706.4008 to 706.4019, inclusive.
4.
				No person may intervene in an administrative proceeding.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4013 - Administrative fines: Contents, service and filing of complaint to initiate administrative proceeding; answer to complaint

Current through June 11, 2024
1. The
				staff of the Authority may initiate an administrative proceeding by:
(a) Serving a copy of a complaint upon the
				respondent by personal delivery or by mailing by certified mail, return receipt
				requested, to the last known address of the business or residence of the
				respondent; and
(b) Filing the
				complaint with the Authority.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4014 - Administrative fines: Settlement of administrative proceeding

Current through June 11, 2024
1. The staff of the Authority may enter into
				an agreement with a respondent for the settlement of an administrative
				proceeding. The agreement must be signed by the staff and the respondent, and
				state that the respondent consents to the imposition of a fine in a specific
				amount.
2. Upon entering into such
				an agreement:
(a) The staff of the Authority
				shall submit the agreement to the Authority; and
(b) The respondent shall deposit with the
				Authority a cashier's check or money order, payable to the Nevada
				Transportation Authority, for the amount of the agreed fine.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4015 - Administrative fines: Powers and duties of hearing officer

Current through June 11, 2024
1. A hearing officer shall:
(a) Subscribe to the constitutional oath of
				office before exercising any of the powers or performing any of the duties of
				his or her office.
(b) Conduct a
				fair and impartial hearing in accordance with the law.
(c) Conduct the entire hearing on the record
				and require each party or the party's counsel to identify himself or herself
				before presenting evidence.
(d)
				Establish the order of presentation of the evidence by each party.
(e) Ensure that the hearing proceeds with
				reasonable diligence and the least delay practicable.
(f) Prepare a proposed decision for review by
				the Authority.
(g) Deliver the
				record of the hearing and the proposed decision to the Authority.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4016 - Administrative fines: Appeal of procedural ruling by hearing officer

Current through June 11, 2024
1. Any party to an administrative proceeding
				conducted by a hearing officer may appeal a ruling of the hearing officer on
				any procedural matter to the Authority by filing a request for further
				consideration with the hearing officer within 15 days after the ruling is made,
				or within the period prescribed by the hearing officer. The request must
				include, without limitation, grounds for review of the ruling by the
				Authority.
2. The hearing officer
				shall transmit:
(a) The request for further
				consideration and any response to the request;
(b) His or her ruling on the procedural
				matter; and
(c) A memorandum which
				explains those parts of the hearing officer's ruling which are the subject of
				the appeal,
to the Authority not later than the time the hearing officer
				  delivers the proposed decision pursuant to NAC 706.4015.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4017 - Administrative fines: Action by Authority

Current through June 11, 2024
1. The Authority
				will review the decision of a hearing officer and enter a final order
				affirming, modifying or setting aside the decision.
2. If a respondent fails to appear at the
				time and place set for an administrative proceeding, the Authority may impose a
				fine for the violations alleged in the complaint.
3. In determining the amount of a fine to be
				imposed pursuant to an administrative proceeding, the Authority may consider:
(a) The seriousness of the violations alleged
				in the complaint which were demonstrated to have been committed by the
				respondent;
(b) Any hazard to the
				health or safety of the public resulting from those violations;
(c) Any economic benefit received by the
				respondent as a result of those violations;
(d) Any mitigation or aggravation by the
				respondent of the effects of those violations;
(e) The extent to which the respondent
				demonstrates his or her good faith;
(f) Any previous history of violations by the
				respondent;
(g) The amount
				necessary to deter future violations; and
(h) Any other appropriate matter.
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4018 - Administrative fines: Payment of fine

Current through June 11, 2024
A fine imposed pursuant to an administrative proceeding is
				  due and payable within 20 days after the final order of the Authority imposing
				  the fine.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › REGULATION AND LICENSING OF MOTOR CARRIERS › Practice Before Nevada Transportation Authority › Section 706.4019 - Administrative fines: Remedy not exclusive

Current through June 11, 2024
The provisions of NAC 706.4008 to 706.4019, inclusive, do not
				  preclude the commencement or pursuit of any additional remedies for the
				  commission of the acts upon which an administrative proceeding is
				  based.
Added to NAC by
				  Transportation Serv. Auth. by R071-98, eff.
				  10-28-98
NRS
					 233B.050,
					 706.171,
					 706.771
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401905 - Definitions

Current through June 11, 2024
As used in NAC 706.401905 to 706.401995, inclusive, unless
				  the context otherwise requires, the words and terms defined in NAC 706.401906
				  to 706.401931, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401906 - "Accounting period" defined

Current through June 11, 2024
"Accounting period" means the calendar year, fiscal year or
				  other period for which an account is kept.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401907 - "Actually issued" defined

Current through June 11, 2024
"Actually issued," as applied to securities issued or assumed
				  by a company, means securities:
1.
				Sold to bona fide purchasers for a valuable consideration;
2. Issued as dividends on stock; or
3. Issued in accordance with contractual
				requirements directly to trustees of sinking funds.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401908 - "Amortization" defined

Current through June 11, 2024
"Amortization" means the gradual extinguishment of an amount
				  in an account by distributing the amount over:
1. A fixed period;
2. The life of the asset or liability to
				which it applies; or
3. The period
				during which a benefit is anticipated to be realized.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401909 - "Associated companies" defined

Current through June 11, 2024
"Associated companies" means companies or persons that
				  directly or indirectly, through one or more intermediaries, control, are
				  controlled by, or are under common control with, an accounting company.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.40191 - "Book cost" defined

Current through June 11, 2024
"Book cost" means the amount at which property is recorded in
				  accounts without any deduction of related provisions for accrued depreciation,
				  amortization or other purposes.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401911 - "Company" defined

Current through June 11, 2024
1. "Company" means
				a sole proprietorship, firm, limited-liability company, copartnership,
				corporation, association or joint-stock association that is operating or
				providing limousine services subject to the jurisdiction of the
				Authority.
2. The term includes any
				trustee, receiver, assignee or personal representative operating a limousine
				service under the jurisdiction of the Authority.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401912 - "Contingent liability" defined

Current through June 11, 2024
"Contingent liability" means an item which may, under certain
				  conditions, become an obligation of the company but which is neither a direct
				  nor an assumed liability as of the date of the balance sheet.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401913 - "Control," "controlled by" and "under common control with" defined

Current through June 11, 2024
"Control," "controlled by" and "under common control with"
				  means the possession, directly or indirectly, of the power to direct or cause
				  the direction of the management and policies of a company, whether that power
				  is:
1. Exercised alone, in conjunction
				with or through one or more intermediary companies, or pursuant to an
				agreement; or
2. Established
				through:
(a) A majority or minority ownership
				or voting of securities;
(b) Common
				directors, officers or stockholders;
(c) Voting trusts;
(d) Holding trusts;
(e) Associated companies;
(f) A contract; or
(g) Any other direct or indirect
				means.
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401914 - "Cost" defined

Current through June 11, 2024
"Cost" means the amount of money actually paid for property
				  or services, or the value of any consideration other than cash determined on a
				  cash basis.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171
Nevada Administrative Code › Chapter 706 - Motor Carriers › UNIFORM SYSTEM OF ACCOUNTS FOR LIMOUSINE COMPANIES › General Provisions › Section 706.401915 - "Cost of disposition" defined

Current through June 11, 2024
"Cost of disposition" means the cost of demolishing,
				  dismantling, tearing down or otherwise removing the property of a company,
				  including, without limitation, the cost of transportation and incidental
				  handling.
Added to NAC by
				  Transportation Serv. Auth. by R040-02, eff.
				  9-20-2002
NRS
					 706.167,
					 706.171