Nevada Administrative Code

NAC 634A.510 Stipulations. (NRS 634A.070) 1. With the approval of the presiding member of the Board, the parties may stipulate as to any fact at issue, either by written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record. 2. Any stipulati…

NAC 634A.520 Official notice of Board. (NRS 634A.070) The Board may take official notice of judicially cognizable facts and of recognized technical or scientific facts within the Board’s specialized knowledge, including: 1. Regulations, official reports, decisions and orders of t…

NAC 634A.530 Briefs. (NRS 634A.070) 1. In any hearing, the Board may order briefs to be filed within such time as may be allowed by the Board. 2. Three copies of any requested brief must be filed with the Board and must be accompanied by an acknowledgment of service or a certific…

NAC 634A.540 Decisions and orders. (NRS 634A.070) 1. A proceeding is submitted for decision by the Board after the taking of evidence, the filing of briefs or the presentation of such oral argument as may have been permitted by the Board. 2. Orders or decisions will be rendered w…

NAC 634A.550 Records of hearings. (NRS 634A.070) 1. A record of a hearing will be kept by either a mechanical or electronic device. 2. A copy of the record will be made available to any person upon his or her request and at his or her expense. [Bd. of Oriental Med., Art. XI § 6, …

NAC 634A.560 Petition; issuance of order or opinion. (NRS 634A.070) 1. A petition for a declaratory order or an advisory opinion may be filed only by a holder of or applicant for a license or certificate. 2. The original and seven copies of the petition must be filed with the Exe…

NAC 634A.570 Petition. (NRS 634A.070) 1. A petition requesting the adoption, filing, amendment or repeal of any regulation must be in writing. 2. The original and seven copies of the petition must be filed with the Board. [Bd. of Oriental Med., Rule 12, eff. 7-26-77]—(NAC A by R0…

NAC 635.001 Definitions. (NRS 635.030) As used in this chapter, unless the context otherwise requires: 1. “Board” means the State Board of Podiatry. 2. “Presiding officer” means a member of the Board who presides at a hearing. 3. “Provisional licensee” means a person who is licen…

NAC 635.010 Meetings of the Board. (NRS 635.010) The Board will meet on the dates set by the President or an officer of the Board authorized by the President. [Bd. of Podiatry, § 1, eff. 7-1-65] — (NAC A 10-17-86)

NAC 635.023 Photographs and fingerprints required with application. (NRS 239B.010, 635.030, 635.050) 1. An applicant for licensure must provide two photographs of himself or herself in full face which were taken within the previous 6 months. Each photograph must measure 2 inches …

NAC 635.025 Fees for applications. (NRS 635.030, 635.050, 635.082, 635.093) The fee required for: 1. An application for a license to practice as a podiatric physician is $600; 2. An application for a license to practice as a podiatry hygienist is $100; and 3. An application for a…

NAC 635.030 Refund of fee for application for licensure as podiatric physician. (NRS 635.030) The Board will refund to an unqualified applicant for licensure as a podiatric physician all of the fees paid in connection with his or her application except $100. [Bd. of Podiatry, § 6…

NAC 635.032 Podiatry hygienists: Requirements for license; performance of certain tasks under supervision in podiatric physician’s office; authority to take and develop X-rays under certain circumstances. (NRS 635.030, 635.099) 1. A person who wishes to obtain a license as a podi…

NAC 635.050 Authority of Board following revocation or suspension of podiatric physician’s license in another state. (NRS 635.030, 635.065) 1. The Board may, if it deems it appropriate, deny the application to practice podiatry of a person who has had a similar license to practic…

NAC 635.055 Fee for annual renewal of license; additional fee for delinquency. (NRS 635.030, 635.110) 1. The fee for the annual renewal of a license of a: (a) Podiatric physician is $400; and (b) Podiatry hygienist is $100. 2. If a license is delinquent, an additional annual fee …

NAC 635.065 Additional requirement for provisional license. (NRS 635.030, 635.082) In addition to the requirements set forth in NRS 635.082, an applicant for a provisional license to practice podiatry must submit to the Board satisfactory proof that he or she has been accepted in…

NAC 635.075 Performance by provisional licensee of duty, task or function; limitation. (NRS 635.030, 635.082) 1. A provisional licensee who participates in a residency program which has been approved or provisionally approved by the Board may perform any duty, task or function th…

NAC 635.080 Conditional approval of residency program: Submission of documents to Board; review of program. (NRS 635.030, 635.082) 1. The Board will conditionally approve a residency program if the director of the residency program submits to the Board, not later than 3 months be…

NAC 635.085 Final approval of residency program. (NRS 635.030, 635.082) The Board will give final approval of a residency program which: 1. Is conducted in a medical facility which conforms to the minimum standards for residency training established and approved by the Board; 2. …

NAC 635.092 “Residency approved by the Board” interpreted. (NRS 635.030, 635.050, 635.082) For the purposes of NRS 635.050, the Board will interpret a “residency approved by the Board” to include a program which has received conditional approval pursuant to NAC 635.080 only after…

NAC 635.095 “Licensee” interpreted. (NRS 635.030, 635.075, 635.082, 635.130) For the purposes of NRS 635.130, the Board will interpret “licensee” to include a provisional licensee and a holder of a limited license to practice podiatry. (Added to NAC by Bd. of Podiatry, eff. 2-28-…

NAC 635.098 Adoption by reference of Code of Ethics. (NRS 635.030) The Board hereby adopts by reference the Code of Ethics, April 2005, adopted by the American Podiatric Medical Association, except that the Association Ethics Rules AE1.0 Conflict of Interest, AE2.0 Confidentialit…

NAC 635.100 Appearance by members of Board’s staff. (NRS 635.030) The members of the Board’s staff may appear at any proceeding and participate as a party. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.110 Appearance by party to proceeding. (NRS 635.030) A party who has not previously entered an appearance may do so at the beginning of a hearing, or at any time designated by the presiding officer, by giving his or her name and address and stating his or her position or …

NAC 635.120 Service of documents; withdrawal of attorney. (NRS 635.030) 1. If a party is represented by an attorney, any document, other than a complaint or a notice of hearing which is required to be served upon any party, must be served upon his or her attorney. Service on the …

NAC 635.130 Error or defect in pleadings or proceedings. (NRS 635.030) The presiding officer shall, at every stage of any proceeding, disregard an error or defect in the pleading or proceeding which does not affect the substantial rights of the parties. (Added to NAC by Bd. of Po…

NAC 635.140 Form of petitions. (NRS 635.030) A petition for affirmative relief, a declaratory order or an advisory opinion must be in writing, contain the petitioner’s full name and mailing address and be signed by him or her. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.150 Complaints: Citations; joinder. (NRS 635.030, 635.130, 635.158) 1. Any statute, regulation or order referred to in a complaint must be accompanied by a complete citation to that statute, regulation or order. 2. Two or more persons filing a complaint with the Board may…

NAC 635.160 Decision to proceed with hearing; response to complaint. (NRS 635.030, 635.130, 635.158) If the Board, after reviewing a complaint, decides to proceed with a hearing, it will send a copy of the complaint to each person against whom the complaint is made. A response to…

NAC 635.170 Motions; oral argument. (NRS 635.030) 1. Unless it is made during a hearing, a motion must be made in writing. Each written motion must state the relief sought and the grounds for the motion. 2. A party opposing a motion may file with the Board a written response to i…

NAC 635.180 Copies of pleadings, motions or other documents. (NRS 635.030, 635.158) Except for a complaint, an original and seven legible copies of each pleading, motion or other document related to the proceeding must be filed with the Board. The person filing any pleading or mo…

NAC 635.190 Service of documents. (NRS 635.030, 635.158) Except for a complaint and the notice of a hearing, every document required to be served by or upon the Board or other party must be served personally or by mail. Service by mail shall be deemed complete when the document, …

NAC 635.200 Notice of hearing. (NRS 233B.121, 635.030) Except for the notice of hearing on a complaint, the Board will serve notice of a hearing at least 20 days before the day of the hearing. Any hearing which has been continued may be reconvened after a notice of at least 3 day…

NAC 635.210 Failure to appear at hearing. (NRS 635.030) 1. If a party fails to appear at a hearing scheduled by the Board and no continuance has been required or granted, the Board will hear the testimony of the witnesses who have appeared and proceed to consider the matter and d…

NAC 635.220 Commencement of proceedings. (NRS 635.030) The presiding officer shall call the proceeding to order, take the appearances and act upon any pending motions or petitions. The parties may then make opening statements. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.230 Conduct of parties, counsel and spectators at hearing. (NRS 635.030) At a hearing before the Board, all parties, their counsel and any spectators shall conduct themselves in a respectful manner. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.240 Order of hearing evidence. (NRS 635.030) 1. In a hearing before the Board, evidence will be heard in the following order: (a) For an application or petition: (1) From the applicant or petitioner. (2) From a member of the Board’s staff. (3) From a party protesting the …

NAC 635.250 Consolidation of proceedings. (NRS 635.030) The presiding officer may consolidate two or more proceedings if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by the consolidation. (Added to NAC by Bd. of Pod…

NAC 635.260 Stipulation. (NRS 635.030) With the approval of the presiding officer, the parties may stipulate to any fact at issue, either by a written stipulation introduced in evidence as an exhibit or by an oral statement shown upon the record. The presiding officer may require…

NAC 635.270 Briefs: Time for filing; service upon parties. (NRS 635.030) The Board may request that briefs be filed within a specified time. A brief must be served upon all parties to the proceeding. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.280 Informal hearing. (NRS 635.030) The Board may hold an informal hearing to mediate a controversy between two licensees or a licensee and a member of the Board’s staff. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.290 Rehearings. (NRS 635.030) 1. Within 15 days after the Board has made a decision or issued an order, a party aggrieved by the decision may apply for a rehearing by filing a written petition setting forth the grounds for the rehearing. The Board will consider this petit…

NAC 635.300 Petition for declaratory order or advisory opinion. (NRS 635.030, 635.130) 1. If a petition for a declaratory order or an advisory opinion is received at least 10 days before the next regularly scheduled meeting of the Board, the Board will place the matter on the age…

NAC 635.310 Copy of declaratory order or advisory opinion sent to petitioner. (NRS 635.030) A copy of the declaratory order or advisory opinion rendered by the Board will be sent to the petitioner. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.320 Petition for adoption, amendment or repeal of regulation. (NRS 635.030) A petition for the adoption, amendment or repeal of a regulation must be in writing. (Added to NAC by Bd. of Podiatry, eff. 10-17-86)

NAC 635.330 Petition to appear before the Board. (NRS 635.030, 635.130) 1. Any person may petition the Board to appear and be heard on any matter within the jurisdiction of the Board. The petition must contain a brief summary of the subject matter and the reason for bringing the …

NAC 635.350 Violations interpreted as unprofessional conduct. (NRS 635.030, 635.130) The Board will interpret a violation of NRS 629.051, 629.061 or 629.065 or NAC 635.360 to 635.390, inclusive, as unprofessional conduct. (Added to NAC by Bd. of Podiatry, eff. 10-17-86; A 2-28-97…