CHAPTER 706 - MOTOR CARRIERS

NAC 706.3975 Complaints: Response. (NRS 233B.050, 706.171, 706.286) 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…

NAC 706.3976 Formal written complaints: Investigation and recommendation of action by staff of Authority. (NRS 233B.050, 706.171, 706.286) 1. When the staff of the Authority receives a response to a formal written complaint, it shall examine the complaint, the response and any ot…

NAC 706.3977 Formal written complaints: Transmittal of unresolved complaint to Authority. (NRS 233B.050, 706.171, 706.286) 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 complai…

NAC 706.3978 Formal written complaints: Dismissal. (NRS 233B.050, 706.171, 706.286) 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 …

NAC 706.3979 Formal written complaints: Public hearing; interim relief. (NRS 233B.050, 706.171, 706.286) 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 th…

NAC 706.398 Formal written complaints filed by motor carriers or brokers. (NRS 233B.050, 706.171, 706.286) 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 …

NAC 706.3981 Hearings: Prehearing conference. (NRS 233B.050, 706.171) 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…

NAC 706.3982 Hearings: Notice of hearing. (NRS 233B.050, 706.171) 1. In addition to complying with the requirements of 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…

NAC 706.3983 Hearings: Continuances. (NRS 233B.050, 706.171) 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. Au…

NAC 706.3984 Hearings: Failure of party to appear or respond. (NRS 233B.050, 706.171) 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 wi…

NAC 706.3985 Hearings: Testimony under oath; cross-examination, redirect examination and recross-examination; dismissal of witness. (NRS 233B.050, 706.171) 1. All testimony to be considered by the Authority in a formal hearing must be sworn testimony except for matters of which o…

NAC 706.3986 Hearings: Authority of presiding officer. (NRS 233B.050, 706.171) 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 …

NAC 706.3987 Hearings: Order of proceeding. (NRS 233B.050, 706.171) 1. Applicants, petitioners or complainants may present their evidence first at a hearing. Then any parties opposing the application, petition or complaint may present their evidence. The presiding officer shall d…

NAC 706.3988 Hearings: Conduct of hearing on proposed regulation. (NRS 233B.050, 706.171) 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 testi…

NAC 706.3989 Hearings: Order for appearance of witness or production of document. (NRS 233B.050, 706.171) 1. A request by a party 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…

NAC 706.399 Hearings: Objections regarding admissibility of evidence. (NRS 233B.050, 706.171) 1. An objection to the admissibility of evidence may be made by any party, and the objection must be ruled on by the presiding officer. When an objection is made to the admission or excl…

NAC 706.3991 Hearings: Prepared testimony. (NRS 233B.050, 706.171) 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. 2. After …

NAC 706.3992 Hearings: Documentary evidence. (NRS 233B.050, 706.171) 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, and copies of each …

NAC 706.3993 Hearings: Resolutions. (NRS 233B.050, 706.171) 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 unio…

NAC 706.3994 Hearings: Additional evidence. (NRS 233B.050, 706.171) 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…

NAC 706.39943 Hearings: Rebuttal evidence. (NRS 233B.050, 706.171) 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 o…

NAC 706.39947 Hearings: Evidence received into record. (NRS 233B.050, 706.171) 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. …

NAC 706.3995 Hearings: Rulings by presiding officer subject to review by Authority; referral of certain matters to Authority. (NRS 233B.050, 706.171) 1. All rulings made by the presiding officer regarding the admissibility of evidence and the granting or denial of a petition to i…

NAC 706.3996 Hearings: Consolidation. (NRS 233B.050, 706.171) 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.…

NAC 706.3997 Hearings: Stipulations. (NRS 233B.050, 706.171) 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 sti…

NAC 706.3998 Hearings: Interim order. (NRS 233B.050, 706.171) 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 …

NAC 706.3999 Hearings: Official notice. (NRS 233B.050, 706.171) 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 d…

NAC 706.400 Hearings: Briefs. (NRS 233B.050, 706.171) 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 t…

NAC 706.4001 Hearings: Oral arguments. (NRS 233B.050, 706.171) The presiding officer may, following the filing of briefs or upon contested motions, set the matter for oral argument upon not less than 5 days’ notice to each party. (Added to NAC by Transportation Serv. Auth. by R07…

NAC 706.4002 Hearings: Decision by Authority. (NRS 233B.050, 706.171) 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)

NAC 706.4003 Hearings: Reopening proceedings to receive additional evidence. (NRS 233B.050, 706.171) 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, m…

NAC 706.4004 Hearings: Proposed findings of fact and conclusions of law; petition for extension of time. (NRS 233B.050, 706.171) 1. The presiding officer may require any party to file proposed findings of fact and conclusions of law at the close of the proceeding. The presiding o…

NAC 706.4005 Hearings: Date of issuance and effective date of order. (NRS 233B.050, 706.171) 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 Commissione…

NAC 706.4006 Hearings: Copies of transcripts. (NRS 233B.050, 706.171) 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 presente…

NAC 706.4007 Declaratory orders and advisory opinions: Petition; hearings. (NRS 233B.050, 706.171) 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 o…

NAC 706.4008 Administrative fines: Definitions. (NRS 233B.050, 706.171, 706.771) 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 se…

NAC 706.4009 Administrative fines: “Administrative proceeding” defined. (NRS 233B.050, 706.171, 706.771) “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…

NAC 706.401 Administrative fines: “Hearing officer” defined. (NRS 233B.050, 706.171, 706.771) “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.…

NAC 706.4011 Administrative fines: “Respondent” defined. (NRS 233B.050, 706.171, 706.771) “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)

NAC 706.4012 Administrative fines: Initiation and termination of administrative proceeding by staff of Authority; conduct of, applicable regulations for and intervention in administrative proceeding. (NRS 233B.050, 706.171, 706.771) 1. An administrative proceeding must be initiat…

NAC 706.4013 Administrative fines: Contents, service and filing of complaint to initiate administrative proceeding; answer to complaint. (NRS 233B.050, 706.171, 706.771) 1. The staff of the Authority may initiate an administrative proceeding by: (a) Serving a copy of a complaint …

NAC 706.4014 Administrative fines: Settlement of administrative proceeding. (NRS 233B.050, 706.171, 706.771) 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 a…

NAC 706.4015 Administrative fines: Powers and duties of hearing officer. (NRS 233B.050, 706.171, 706.771) 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) C…

NAC 706.4016 Administrative fines: Appeal of procedural ruling by hearing officer. (NRS 233B.050, 706.171, 706.771) 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 …

NAC 706.4017 Administrative fines: Action by Authority. (NRS 233B.050, 706.171, 706.771) 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 p…

NAC 706.4018 Administrative fines: Payment of fine. (NRS 233B.050, 706.171, 706.771) 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 …

NAC 706.4019 Administrative fines: Remedy not exclusive. (NRS 233B.050, 706.171, 706.771) 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 proc…