Nevada Administrative Code

NAC 636.315 Complaints and disciplinary hearings against certain persons who are no longer licensed. (NRS 636.125, 636.305, 636.325, 636.338) If the Board determines that proper grounds exist, the Board may investigate a complaint, issue a formal complaint or conduct a disciplina…

NAC 636.320 Construction. (NRS 636.125) The provisions of NAC 636.310 to 636.660, inclusive, will be liberally construed to secure a just, speedy and economical determination of all issues presented to the Board and to carry out the purposes of chapters 233B and 636 of NRS. (Adde…

NAC 636.325 Summary suspension of license; grounds for issuance of order; effect of order; service of order and related notices. (NRS 636.125, 636.3395) 1. The Board, the President of the Board, the presiding officer of an investigative committee convened by the Board to conduct …

NAC 636.330 Classification of parties. (NRS 636.125) 1. A party in a proceeding before the Board must be called applicant, petitioner, complainant, respondent, intervener or interested party, according to the nature of the proceeding and the relationship of the party thereto. 2. …

NAC 636.335 Factors to be considered by Board in imposing disciplinary action or sanction. (NRS 636.125, 636.290, 636.325) 1. In imposing disciplinary action or sanctions, the Board will consider the following factors: (a) Whether the licensee has violated a duty owed to a patien…

NAC 636.340 Participation by staff of Board. (NRS 636.125) The Board’s staff may appear at any hearing and has the right to participate as a party to the proceeding. (Added to NAC by Bd. of Optometry, eff. 5-2-88)

NAC 636.350 Permissible appearances. (NRS 636.125) At any hearing, a party named in NAC 636.330, except an interested party, is entitled to enter an appearance, introduce evidence, examine and cross-examine witnesses, make arguments, and participate in the conduct of the proceedi…

NAC 636.360 Entry of appearance. (NRS 636.125) A party shall enter his or her appearance 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 interest in the proceeding to the pre…

NAC 636.370 Representation of parties. (NRS 636.125) 1. A party is entitled to be heard in person or by the party’s attorney or other representative. 2. An attorney appearing as counsel in any proceeding must be an attorney at law in good standing and admitted to practice before …

NAC 636.380 Service upon attorney. (NRS 636.125, 636.375) Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders must be served upon the attorney in the manner prescribed by NRS 636.375 and such service is effective for all purposes upo…

NAC 636.385 Proof of service. (NRS 636.125) There will appear on all documents required to be served by the Board, other than decisions or orders, an acknowledgment of service or the following certificate: I hereby certify that I have this day served the foregoing document upon a…

NAC 636.390 Withdrawal of attorney. (NRS 636.125) Any attorney of record wishing to withdraw from a proceeding before the Board must, in writing, immediately notify the Board or the presiding officer, the party whom he or she represented and all other parties to the proceeding of…

NAC 636.395 Decision on motions. (NRS 622A.360, 622A.390, 636.125) The President of the Board or, in the absence of the President, the Vice President of the Board, if any, may decide any motion listed in NRS 622A.360 or 622A.390. If the President or Vice President, as applicable,…

NAC 636.400 Conduct before Board. (NRS 636.125) A party to a proceeding before the Board, an attorney appearing on behalf of a party or any other person in attendance at such a proceeding shall conduct himself or herself in a respectful manner. (Added to NAC by Bd. of Optometry, …

NAC 636.405 Official notice; adverse decision or order without proof of actual injury. (NRS 636.125, 636.325, 636.338) 1. In addition to the facts mentioned in subsection 5 of NRS 233B.123, the Board may take official notice of regulations, official reports, decisions, orders, st…

NAC 636.410 Captions, amendments and construction of pleadings. (NRS 636.125) 1. Pleadings before the Board must be called applications, petitions, accusations or answers. 2. The Board may, when substantial rights of the parties are not violated, allow any pleading to be amended …

NAC 636.415 Petitions for declaratory orders and advisory opinions. (NRS 636.125) 1. The Board will consider petitions for declaratory orders or advisory opinions relating to the applicability of any statutory provision, regulation or decision of the Board. 2. A petition for a de…

NAC 636.420 Applications. (NRS 636.125) 1. A pleading requesting a privilege, license or authority from the Board must be styled an “application.” 2. An application must set forth the full name and address of the applicant and such facts or exhibits as may be required by statute …

NAC 636.425 Petitions requesting adoption, amendment or repeal of regulations. (NRS 636.125) 1. A petition requesting the adoption, amendment or repeal of any regulation must be in writing using the format of a form prescribed by the Board and must include, without limitation: (a…

NAC 636.430 Petitions. (NRS 636.125) A “petition” is a pleading other than an application, accusation or answer, praying for affirmative relief, including requests for declaratory orders, advisory opinions, and requests for the adoption, amendment or repeal of any regulation. A p…

NAC 636.440 Verification. (NRS 636.125) All pleadings must be verified. (Added to NAC by Bd. of Optometry, eff. 5-2-88)

NAC 636.450 Motions. (NRS 636.125) 1. A motion is a request directed at the Board’s authority to act on a given subject. 2. All motions, unless made during a hearing, must be in writing. 3. All written motions must set forth the nature of the relief sought and the grounds therefo…

NAC 636.460 Filing and availability of papers. (NRS 636.125) An original and two legible copies of all pleadings, motions or other papers must be filed with the Board. The Board may direct that a copy of all pleadings and motions be made available by the party filing them to any …

NAC 636.470 Service of process. (NRS 636.125) 1. All notices, documents, advisory opinions and declaratory orders required to be served by the Board will be served by mail, and service thereof will be deemed complete when a true copy of such paper or document, properly addressed …

NAC 636.480 Proof of service. [Replaced in revision by NAC 636.385.]

NAC 636.490 Filing and contents of accusation. (NRS 636.125) 1. Upon its own initiative, or following receipt of a verified complaint, the Board may cause an accusation to be filed alleging one or more grounds for disciplinary action arising pursuant to NRS 636.295. Facts constit…

NAC 636.500 Request for hearing; filing answer. (NRS 636.125) A party or parties against whom an accusation is filed must, within 15 days of receipt of the accusation, notify the Board in writing whether a hearing on the accusation is requested. Failure to request a hearing will …

NAC 636.510 Quorum required; notice and location of hearing. (NRS 636.125) 1. Hearings will be held before the Board. A quorum of the Board is sufficient to convene any hearing. 2. Notice of the hearing will be served at least 20 days before the time set therefor. A hearing which…

NAC 636.520 Continuances. (NRS 636.125) The Board may, either before or during a hearing, and on proper showing, grant a continuance to allow submission of additional proof of any relevant matter. (Added to NAC by Bd. of Optometry, eff. 5-2-88)

NAC 636.530 Failure of party to appear. (NRS 636.125) 1. If a party fails to appear at a hearing scheduled by the Board and no continuance has been requested or granted, the Board may hear the testimony of witnesses who have appeared and consider and dispose of the matter on the …

NAC 636.540 Conduct at hearings. (NRS 636.125) All parties to a hearing, their counsel and spectators shall conduct themselves in a respectful manner. (Added to NAC by Bd. of Optometry, eff. 5-2-88)

NAC 636.550 Preliminary procedure. (NRS 636.125) The presiding member of the Board will 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 Optometry, eff. 5-2-88)

NAC 636.560 Testimony must be under oath. (NRS 636.125) All testimony to be considered by the Board in any hearing, except matters noticed officially or entered by stipulation, must be sworn testimony. Each witness must swear or affirm that the testimony he or she is about to giv…

NAC 636.570 Order of presentation. (NRS 636.125) 1. Evidence at the hearing will ordinarily be received from the parties in the following order: (a) Upon petitions: (1) Petitioner; (2) Board’s staff; (3) Intervener; and (4) Rebuttal by petitioner. (b) Upon accusations: (1) Board;…

NAC 636.580 Consolidation of proceedings. (NRS 636.125) The Board may consolidate two or more proceedings into one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by such consolidation. At any consolid…

NAC 636.590 Stipulations. (NRS 636.125) With the approval 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 statement shown upon the record. Any such stipulation will be binding upon all …

NAC 636.600 Official notice. [Replaced in revision by NAC 636.405.]

NAC 636.610 Briefs. (NRS 636.125) The Board may require that briefs be filed and accompanied by proof of service pursuant to NAC 636.480. (Added to NAC by Bd. of Optometry, eff. 5-2-88)

NAC 636.620 Orders and decisions of Board. (NRS 636.125) 1. A proceeding stands submitted for decision by the Board after the taking of evidence, the filing of briefs or the presentation of such oral argument permitted by the Board. 2. A decision or order which is adverse to a pa…

NAC 636.630 Rehearings. (NRS 636.125) 1. Within 15 days after the rendering of a decision or order by the Board, the aggrieved party may apply for a rehearing by filing a written petition for rehearing setting forth the grounds for rehearing. 2. The Board will act upon the petiti…

NAC 636.640 Record of case. (NRS 636.125) Upon the filing of a petition for judicial review of a final decision in a contested case, the Board will cause a record of the case to be made in accordance with subsection 7 of NRS 233B.121 for transmittal to the reviewing court in acco…

NAC 636.650 Petitions for declaratory orders and advisory opinions. [Replaced in revision by NAC 636.415.]

NAC 636.660 Petitions requesting adoption, amendment or repeal of regulations. [Replaced in revision by NAC 636.425.] PRESCRIPTIONS

NAC 636.670 Contents. (NRS 636.125, 636.387) 1. A prescription for spectacle lenses must specify the refractive power necessary for best vision. 2. A prescription for polymethylmethacrylate (Hydrophobic) contact lenses must specify the base curve, diameter and refractive power of…

NAC 636.680 Additional requirements applicable to contact lenses. (NRS 636.125) 1. A copy of a prescription for a rigid gas permeable contact lens or soft contact lens issued by an optometrist must include the date on which the prescription expires and must be: (a) Provided to th…

NAC 636.700 Mailing of fees and documents to Board. (NRS 636.125) Any fee or document: 1. That is required or permitted by the provisions of this chapter or chapter 636 of NRS to be filed with or paid to the Board or its staff; and 2. That is mailed to the Board, Ê must be sent b…

NAC 636.705 Optometric telemedicine and remote patient monitoring. (NRS 636.125, 636.394) 1. A licensee who is engaging in synchronous or asynchronous optometric telemedicine shall review records relating to the eye health of the patient immediately before or during the provision…