CHAPTER 706 - MOTOR CARRIERS

NAC 706.381 Inspection of vehicles by Authority; removal of vehicles from service; maintenance of records. (NRS 706.166, 706.171, 706.173) 1. A taxicab, traditional limousine, livery limousine, bus or any other vehicle operated by a common or contract motor carrier may be inspect…

NAC 706.386 Duplications. (NRS 706.171, 706.4464, 706.6411) The Authority will consider a transfer of operating rights to a person who is the holder of operating rights which duplicate, in part or in whole, those to be transferred, but will not allow a person to hold duplicate au…

NAC 706.389 Effect of cessation of operations. (NRS 706.171, 706.4464, 706.6411) 1. Except as otherwise provided in subsection 2, an application for the transfer of operating rights will not be approved if there has been a cessation of operations by the transferor without the pri…

NAC 706.392 Division of operating rights. (NRS 706.171, 706.4464, 706.6411) An operating right will not be divided by any carrier: 1. As to commodities or territories; or 2. For accounting purposes. [Pub. Service Comm’n, Gen. Order 5 Rule 220, eff. 12-1-62]—(NAC A 9-1-87)

NAC 706.393 Approval or denial of transfer. (NRS 706.171, 706.4464, 706.6411) 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 execut…

NAC 706.3933 Scope; applicability of Nevada Rules of Civil Procedure. (NRS 233B.050, 706.171) 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 70…

NAC 706.3934 Construction. (NRS 233B.050, 706.171) 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 706.3935 Nature of proceedings. (NRS 233B.050, 706.171) 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…

NAC 706.39354 “Relevant” interpreted. (NRS 233B.050, 706.171) 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. H…

NAC 706.39355 Evidence must be relevant. (NRS 233B.050, 706.171) 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)

NAC 706.3936 Parties: Classification of parties. (NRS 233B.050, 706.171) 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, respo…

NAC 706.3937 Parties: Notice to parties. (NRS 233B.050, 706.171) 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 n…

NAC 706.3938 Parties: Rights of staff of Authority. (NRS 233B.050, 706.171) 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,…

NAC 706.3939 Parties: Rights of parties. (NRS 233B.050, 706.171) At any proceeding before the Authority, each party is entitled to enter an appearance, introduce relevant evidence, examine and cross-examine witnesses, make arguments, make and argue motions and generally participa…

NAC 706.394 Parties: Appearances. (NRS 233B.050, 706.171) 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 …

NAC 706.3941 Parties: Representation of parties; qualifications of attorneys. (NRS 233B.050, 706.171) 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 e…

NAC 706.3942 Parties: Withdrawal of representative. (NRS 233B.050, 706.171) 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…

NAC 706.3943 Parties: Conduct required. (NRS 233B.050, 706.171) 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 he…

NAC 706.39435 Parties: Communication with Commissioners prohibited. (NRS 233B.050, 706.171) 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 communicat…

NAC 706.3944 Confidentiality of information: Definitions. (NRS 233B.050, 706.171) 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 …

NAC 706.3945 Confidentiality of information: “Information” defined. (NRS 233B.050, 706.171) “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 b…

NAC 706.3946 Confidentiality of information: “Person” defined. (NRS 233B.050, 706.171) “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, unincorpo…

NAC 706.3947 Confidentiality of information: “Protective agreement” defined. (NRS 233B.050, 706.171) “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 speci…

NAC 706.3948 Confidentiality of information: Applicability. (NRS 233B.050, 706.171) 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…

NAC 706.3949 Confidentiality of information: Request for confidential treatment of information; procedure; responsibilities of Authority; hearing. (NRS 233B.050, 706.171) 1. A person who requests that information, which is in the possession of the Authority and pertains to that p…

NAC 706.3951 Confidentiality of information: Prepared testimony containing or addressing information designated as confidential. (NRS 233B.050, 706.171) For information that has been determined to be confidential, the Authority will or the presiding officer shall, in addition to …

NAC 706.3952 Confidentiality of information: Contents of protective order issued with regard to information designated as confidential. (NRS 233B.050, 706.171) If the Authority or presiding officer determines that a protective order should be issued with regard to the information…

NAC 706.3953 Confidentiality of information: Appeal of determination by presiding officer regarding treatment of confidential information; disclosure of information not designated confidential. (NRS 233B.050, 706.171) 1. Any determination by the presiding officer regarding the tr…

NAC 706.3954 Confidentiality of information: Disclosure of information designated as confidential; penalties. (NRS 233B.050, 706.171) 1. During the pendency of a proceeding, any person who receives information which has been designated as confidential pursuant to NAC 706.3944 to …

NAC 706.3955 Pleadings: Captions, amendments and construction. (NRS 233B.050, 706.171) 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 parti…

NAC 706.3956 Pleadings: Applications. (NRS 233B.050, 706.171) 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 an…

NAC 706.3957 Pleadings: Petitions. (NRS 233B.050, 706.171) 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 706.3958 Pleadings: Petition to adopt, amend or repeal regulation. (NRS 233B.050, 706.171) 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…

NAC 706.3959 Pleadings: Motions. (NRS 233B.050, 706.171) 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 Authori…

NAC 706.396 Pleadings: Responses to motions; replies to responses; service. (NRS 233B.050, 706.171) 1. Any party 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 m…

NAC 706.3961 Pleadings: Requirements for format; signature; request for hearing. (NRS 233B.050, 706.171) 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 …

NAC 706.3962 Pleadings: Filing of pleading. (NRS 233B.050, 706.171) 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 …

NAC 706.3963 Pleadings: Answers. (NRS 233B.050, 706.171) 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 sho…

NAC 706.3964 Pleadings: Answers to petitions. (NRS 233B.050, 706.171) An answer to a petition must: 1. Be in writing; 2. Be written so as to advise the Authority and parties fully of the nature of the answer; 3. Contain a separate statement and number for each material element of…

NAC 706.3965 Pleadings: Petition to intervene. (NRS 233B.050, 706.171) 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 inter…

NAC 706.39655 Pleadings: Response to petition to intervene. (NRS 233B.050, 706.171) 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 int…

NAC 706.3966 Pleadings: Contents of petition to intervene; circumstances under which petitioner has direct and substantial interest in proceeding. (NRS 233B.050, 706.171) 1. A petition for leave to intervene must be in writing and set forth the following: (a) The title and docket…

NAC 706.3967 Pleadings: Filing of petition to intervene. (NRS 233B.050, 706.171) 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 in…

NAC 706.3968 Pleadings: Approval or denial of petition to intervene; discovery. (NRS 233B.050, 706.171) 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 substa…

NAC 706.3969 Pleadings: Limitation on number of interveners. (NRS 233B.050, 706.171) 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 allow…

NAC 706.397 Pleadings: Protests. (NRS 233B.050, 706.171) 1. Any objection or request to make a statement at a hearing by a person, including, without limitation, a state or local government entity, who is not a party to an application, petition or other matter must be styled a “p…

NAC 706.3971 Pleadings: Service of process. (NRS 233B.050, 706.171) 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…