CHAPTER 706 - MOTOR CARRIERS

NAC 706.9226 Investigation and recommended actions for resolution. (NRS 233B.050, 706.8818) 1. If the staff of the Authority receives a response to a written complaint, the staff shall examine the complaint, the response and any other information the staff has obtained that is ne…

NAC 706.9228 Submission of unresolved complaint to Authority for review. (NRS 233B.050, 706.8818) 1. If the staff of the Authority cannot resolve the complaint because the staff determines that the complaint cannot be resolved or the complainant is not satisfied with the recommen…

NAC 706.923 Determination by Authority to dismiss complaint. (NRS 233B.050, 706.8818) If the Authority determines that no probable cause exists for a written complaint or the complaint has been resolved and the Authority has received a notice of the resolution of the complaint, t…

NAC 706.9232 Determination of probable cause; actions by Authority. (NRS 233B.050, 706.8818) If the Authority determines that probable cause exists for a written complaint, the Authority may: 1. Set a date for a hearing on the complaint; or 2. Order appropriate relief. (Added to …

NAC 706.924 Notice of hearings. (NRS 233B.050, 706.8818) 1. Hearings will be held before the Authority or Administrator as prescribed by law. Notice of hearing before the Authority or Administrator will be served on all parties at least 20 days before the hearing, indicating the …

NAC 706.927 Continuances. (NRS 233B.050, 706.8818) The Authority, presiding officer or Administrator may, either before the hearing or during a hearing, and on proper showing, grant continuances for submission of further or additional proof of any subject matter. [Taxicab Auth., …

NAC 706.930 Failure to appear. (NRS 233B.050, 706.8818) 1. At the time and place set for hearing, if a party to the proceeding fails to appear, the Authority or Administrator may dismiss the action with or without prejudice or may, upon good cause shown, recess the hearing for a …

NAC 706.933 Prehearing conference. (NRS 233B.050, 706.8818) 1. The Authority, presiding officer or Administrator may, upon written notice to all parties of record, hold a prehearing conference for the purposes of formulating or simplifying the issues, obtaining admissions of fact…

NAC 706.936 Subpoenas; depositions. (NRS 233B.050, 706.8818) 1. Subpoenas requiring the attendance of a witness from any place in the State to any designated place of hearing for the purpose of taking testimony of the witness orally before the Authority or Administrator, may be i…

NAC 706.939 Testimony under oath. (NRS 233B.050, 706.8818) All testimony to be considered by the Authority or Administrator in formal hearings, except matters noticed officially or entered by stipulation, must be sworn testimony. Before taking the witness stand, each person shall…

NAC 706.942 Preliminary procedure. (NRS 233B.050, 706.8818) The presiding member of the Authority or the Administrator shall call the proceeding for hearing and proceed to take the appearances, and act upon any pending motions, petitions or complaints. The parties may then make o…

NAC 706.945 Presentation of evidence. (NRS 233B.050, 706.8818) 1. Applicants or complainants shall present their evidence and such parties as may be opposing the application or complaint, shall submit their proof. The presiding officer of the Authority or Administrator shall dete…

NAC 706.948 Rules and types of evidence. (NRS 233B.050, 706.8818) 1. In conducting any investigation, inquiry or hearing, neither the Authority nor any of its officers or employees are bound by the technical rules of evidence, and no informality in any proceeding or in the manner…

NAC 706.951 Consolidation; limitation on number of interested parties. (NRS 233B.050, 706.8818) 1. The Authority or Administrator may consolidate two or more proceedings in any one hearing when it appears that the issues are substantially the same and that the rights of the parti…

NAC 706.954 Stipulations. (NRS 233B.050, 706.8818) With the approval of the presiding officer, the parties may stipulate as to any fact at issue. Any such stipulation is binding upon all parties so stipulating and may be regarded by the Authority or Administrator as evidence at t…

NAC 706.957 Official notice. (NRS 233B.050, 706.8818) The Authority or Administrator may take official notice of the following matters: 1. Rules, regulations, official reports, decisions and orders of the Authority and any regulatory agency of the State of Nevada. 2. Contents of …

NAC 706.960 Objections; exceptions; offer of proof; rulings. (NRS 233B.050, 706.8818) 1. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the Authority, presiding officer or Administrator. When objections are made t…

NAC 706.963 Briefs; oral argument. (NRS 233B.050, 706.8818) 1. In any hearing, the Authority or Administrator may order briefs to be filed within the time allowed by the Authority or Administrator. Nine copies of briefs must be filed with the Authority when the hearing is before …

NAC 706.966 Decisions and orders. (NRS 233B.050, 706.8818) 1. A proceeding stands submitted for decision by the Authority or Administrator after the taking of evidence or the filing of briefs or the presentation of oral argument as may have been prescribed by the Authority or Adm…

NAC 706.969 Transcripts; attendance charges, per diem and travel expenses. (NRS 233B.050, 706.8818) 1. The Authority or Administrator will cause a record to be made of all public hearings. A person who wishes to obtain a copy of a transcript may obtain a copy from the official re…

NAC 706.972 Rehearings. (NRS 233B.050, 706.8818) 1. An application for a rehearing must be filed with the Administrator not later than 30 days after the effective date of the order upon which rehearing is requested. 2. Rehearings will be conducted in accordance with the procedure…

NAC 706.975 Appeals to Authority. (NRS 233B.050, 706.8818) 1. An appeal from the decision of the Administrator or hearing officer to the Authority is permitted providing that the notice of appeal by the appellant is filed with the Administrator within 30 days of the decision of t…

NAC 706.980 Consideration of applications. (NRS 233B.050, 706.8818) The Authority will consider applications for declaratory orders or advisory opinions concerning the applicability of any statutory provision or any regulation or decision of the Authority. (Added to NAC by Taxica…

NAC 706.982 Procedure for consideration of applications. (NRS 233B.050, 706.8818) 1. If the Authority receives an application for a declaratory order or advisory opinion at least 10 days before its next regularly scheduled meeting, the Authority will place the application on the …

NAC 706.984 Draft of opinion or order by Administrator. (NRS 233B.050, 706.8818) After the Authority determines that an issue concerning the applicability of a statute, regulation or decision should be addressed, the presiding officer shall direct the Administrator to write an or…

NAC 706.986 Notice of decision. (NRS 233B.050, 706.8818) After the Authority renders its declaratory order or advisory opinion, the Administrator shall give notice of the decision to the applicant. (Added to NAC by Taxicab Auth., eff. 10-13-88)

NAC 706.988 Violation of opinion or order prohibited. (NRS 233B.050, 706.8818) The holder of a certificate or permit may not violate any declaratory order or advisory opinion rendered by the Authority. (Added to NAC by Taxicab Auth., eff. 10-13-88) Applications for Adoption, Amen…

NAC 706.990 Procedure for consideration of application. (NRS 233B.050, 706.8818) 1. An application to adopt, amend or repeal a regulation must be in writing and prepared in a form approved by the Authority. 2. If the Authority receives an application to adopt, amend or repeal a r…

NAC 706.991 Definitions. (NRS 706.171, 706.2883) As used in NAC 706.991 to 706.9918, inclusive, unless the context otherwise requires, the words and terms defined in NAC 706.9911, 706.9912 and 706.9913 have the meanings ascribed to them in those sections. (Added to NAC by Transpo…

NAC 706.9911 “Record on appeal” defined. (NRS 706.171, 706.2883) “Record on appeal” means the entire record of a final decision that is being appealed, including, without limitation, any document, pleading, tape recording of any hearing and certified transcript of any such tape r…

NAC 706.9912 “Taxicab Authority” defined. (NRS 706.171, 706.2883) “Taxicab Authority” means the Taxicab Authority created pursuant to NRS 706.8818. (Added to NAC by Transportation Serv. Auth. by R218-97, eff. 4-17-98)

NAC 706.9913 “Transportation Authority” defined. (NRS 706.171, 706.2883) “Transportation Authority” means the Nevada Transportation Authority created pursuant to NRS 706.1511. (Added to NAC by Transportation Serv. Auth. by R218-97, eff. 4-17-98)

NAC 706.9914 Notice of appeal from final decision; filing fee; statement of intent to participate. (NRS 706.171, 706.197, 706.2883) 1. Not later than 15 days after the date of service of a final decision of the Taxicab Authority rendered pursuant to NRS 706.8819, an aggrieved par…

NAC 706.9915 Preparation and transmittal of record on appeal. (NRS 706.171, 706.197, 706.2883) 1. Except as otherwise provided in subsection 3, not later than 30 days after receiving service of a copy of a notice of appeal filed pursuant to NAC 706.9914, the Taxicab Authority sha…

NAC 706.9916 Filing of written brief, response and reply; extension of period for filing. (NRS 706.171, 706.2883) 1. Except as otherwise provided in subsection 4, upon receipt of a record on appeal from the Taxicab Authority pursuant to NAC 706.9915, the Transportation Authority …

NAC 706.9917 Review of notice of appeal from final decision; issuance of decision or recommendation. (NRS 706.171, 706.2883) 1. The Chair of the Transportation Authority shall review each notice of appeal from a final decision of the Taxicab Authority filed pursuant to NAC 706.99…

NAC 706.9918 Final decision by Transportation Authority. (NRS 706.171, 706.2883) 1. The Transportation Authority will: (a) Not grant a stay of the final decision of the Taxicab Authority while an appeal of that decision filed pursuant to NAC 706.9914 is pending before the Transpo…