Nevada Administrative Code › Chapter 598 - Miscellaneous Trade Regulations and Deceptive Trade Practices › DECEPTIVE TRADE PRACTICES › Hearings › Section 598.164 - Procedure

Current through June 11, 2024
1. The respondent may cross-examine witnesses
				in the order in which the Unit presents them.
2. When the Unit has completed its
				presentation, the hearing officer shall request the respondent to proceed with
				the introduction of evidence and the calling of witnesses on his or her behalf.
				The Unit may cross-examine witnesses in the order in which the respondent
				presents them.
3. When the
				respondent has completed his or her presentation, the Unit may call any
				rebuttal witnesses.
4. The hearing
				officer may question counsel for the parties or witnesses at any time during
				the proceeding.
5. If a party does
				not testify in his or her own behalf, the party may be called and examined as
				if under cross-examination.
6. The
				hearing need not be conducted according to the technical rules relating to
				evidence and witnesses. Evidence must be introduced and considered in
				accordance with chapter 233B of NRS.
7. Depositions of witnesses and parties may
				not be taken and no formal discovery of evidence will be allowed.
8. Briefs must be filed upon the order of the
				hearing officer. The time for filing briefs will be set by the hearing officer
				conducting the hearing.
9. Rules of
				privilege recognized by law must be given effect.
10. Objections to evidentiary offers may be
				made and must be noted in the record. If an objection is made to the admission
				of evidence, such evidence may be received subject to a later ruling by the
				hearing officer. If an objection to the admission of evidence is sustained, the
				offering party may make an offer of proof for the record.
11. Oral argument is not allowed unless
				requested by the hearing officer. The hearing officer may request that the
				parties summarize their presentations.
12. The hearing officer may adjourn the
				hearing for the submittal of further evidence or to hear further testimony when
				justice would not be served otherwise, and may adjourn the hearing at the
				request of any party for good cause shown, but for not more than 30 days after
				the date scheduled for the first hearing.
13. Any documentary or real evidence
				introduced at the hearing must be marked for identification by the court
				reporter or hearing officer. If such evidence is admitted by the hearing
				officer, it must be marked as the exhibit of the offering party.
14. The hearing officer shall indicate for
				the record that the hearing is terminated and that he or she will issue a
				written decision after considering all of the evidence admitted pursuant to
				NRS
				233B.123.
15. Notice of the order of the hearing
				officer must be served on all parties in accordance with
				NRS
				233B.125. The order of the hearing officer
				becomes effective after proper service of the notice.
Added to NAC by Comm'r
				  of Consumer Affairs by R122-98, eff. 2-23-99; A by
				  R058-22A,
				  eff. 6/4/2024
NRS 598.0967,
					 598.506,
					 598.525,
					 598.854,
					 598.9474