Nevada Administrative Code

NAC 641B.245 Appointment of hearing officer. (NRS 641B.150, 641B.160) 1. The Board may appoint an attorney who is licensed to practice law in this State or a licensee to serve as a hearing officer in a contested case. The hearing officer may, upon the request of the Board: (a) Co…

NAC 641B.250 Classification of parties. (NRS 641B.160) Parties to proceedings before the Board must be styled “applicant,” “complainant,” “intervener,” “petitioner,” “protestant” or “respondent,” according to the nature of the proceedings and the relationship of the parties there…

NAC 641B.255 Appearance by Board’s staff. (NRS 641B.160) Members of the Board’s staff may appear at any proceeding and participate as a party. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88)

NAC 641B.260 Entry of appearance. (NRS 641B.160) 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 to the presiding officer.…

NAC 641B.265 Representation of parties. (NRS 641B.160) 1. A party may appear in person or be represented by an attorney. 2. An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of any sta…

NAC 641B.270 Service upon attorney. (NRS 641B.160) Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served thereafter upon the party must be served upon his or her attorney, and such service is, for all purposes, valid servi…

NAC 641B.275 Withdrawal of attorney. (NRS 641B.160) Any attorney of record wishing to withdraw from a proceeding before the Board must, in writing, immediately notify the Board or its presiding officer, the party whom he or she represented and any other parties to the proceeding.…

NAC 641B.280 Captions. (NRS 641B.160) Pleadings before the Board must be styled “applications,” “petitions,” “complaints” and “answers.” (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88)

NAC 641B.285 Execution. (NRS 641B.160) Every pleading, except a petition, must be signed by the person who submits it. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88; A 5-15-92)

NAC 641B.290 Construction. (NRS 641B.160) The Board will construe all pleadings so as to administer justice between the parties, and the Board will, or its presiding officer will, at every stage of any proceedings, disregard errors or defects in the pleadings or proceedings which…

NAC 641B.295 Applications. (NRS 641B.160) A pleading requesting a privilege, license or authority from the Board must be styled as an “application.” It must set forth the full name and address of the applicant, and must contain such facts or exhibits as may be required by statute…

NAC 641B.300 Petitions. (NRS 641B.160) 1. Each pleading in which a party prays for affirmative relief, excluding an application, complaint or answer but including a request for a declaratory order or an advisory opinion or for the adoption, amendment or repeal of any regulation, …

NAC 641B.305 Procedure upon receipt of accusation. (NRS 641B.160) 1. The Board will initially consider any written accusation regarding a licensee as an informal complaint. Upon receipt of an informal complaint, the Board’s staff shall examine the complaint to determine whether i…

NAC 641B.310 Formal complaints: Preparation and filing. (NRS 641B.160) 1. A formal complaint must contain a statement of facts showing that a provision of chapter 641B of NRS or of this chapter has been violated. The formal complaint must be sufficiently detailed to enable the re…

NAC 641B.315 Formal complaints: Service and response. (NRS 641B.160) If the Board determines that a complaint warrants administrative action, a copy of the formal complaint will be served upon each person against whom the formal complaint is made. Such a person may respond to the…

NAC 641B.320 Motions. (NRS 641B.160) 1. A motion must be made in writing, unless otherwise authorized by the Board or hearing officer during a hearing. 2. Each written motion must set forth the nature of the relief sought and the grounds for the motion. 3. A written motion must b…

NAC 641B.325 Filing pleadings and motions. (NRS 641B.160) An original and two legible copies of each pleading, motion or other paper must be filed with the Board. The Board may direct that a copy of each pleading and motion be made available by the party filing it to any other pe…

NAC 641B.330 Method of service. (NRS 641B.160) Every notice, advisory opinion, declaratory order or other document to be served by the Board will be served by mail or delivered in person. Service thereof by mail will be deemed complete when a true copy of the document is deposite…

NAC 641B.335 Proof of service. (NRS 641B.160) Each document to be served by the Board or any party to a proceeding before the Board must include an acknowledgment of service or proof of service. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88; A 5-15-92)

NAC 641B.340 Discovery of witnesses and evidence. (NRS 641B.160) 1. No less than 10 days before a matter is scheduled for a disciplinary hearing, any party may serve upon any other party a written demand for: (a) Copies of all documents reasonably available to the other party whi…

NAC 641B.342 Continuance. (NRS 641B.160) The Board will grant a continuance upon a joint stipulation of the parties or the existence of emergency conditions or for good cause shown upon a written request filed with the Board and physically served upon the opposing party not later…

NAC 641B.345 Notice of hearing. (NRS 641B.160) 1. The Board will serve notice of a hearing at least 10 days before the date set for the hearing. A hearing which has been previously continued may be reset on advance notice of at least 3 days. 2. If a notice of hearing and formal c…

NAC 641B.350 Failure to appear. (NRS 641B.160) 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 testimony of witnesses who have appeared and proceed to consider the matter and dispose of it on t…

NAC 641B.355 Preliminary procedure. (NRS 641B.160) The presiding member of the Board will call the proceeding to order, proceed to take the appearances and act upon any pending motions or petitions. The parties may then make opening statements. (Added to NAC by Bd. of Exam’rs for…

NAC 641B.360 Conduct. (NRS 641B.160) At a hearing before the Board, all parties and their counsel and the spectators shall conduct themselves in a respectful manner. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88)

NAC 641B.365 Testimony under oath. (NRS 641B.160) All testimony to be considered by the Board in any hearing, except matters noticed officially or entered by stipulation, will be sworn testimony. Before taking the witness stand, each person must swear or affirm that the testimony…

NAC 641B.370 Order of presentation. (NRS 641B.160) 1. Each applicant, petitioner or complainant may present his or her evidence, and then such parties as may be opposing the application, petition or complaint may submit their evidence. The presiding member of the Board will deter…

NAC 641B.375 Consolidation of proceedings. (NRS 641B.160) The presiding member of the Board may consolidate two or more proceedings for one hearing whenever it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by a consolid…

NAC 641B.380 Stipulations. (NRS 641B.160) With the approval of the presiding member of the Board, the parties may stipulate as 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. Any such stipul…

NAC 641B.385 Briefs. (NRS 641B.160) The Board may request briefs to be filed within a specified time. Briefs must be accompanied by proof of service. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20-88)

NAC 641B.390 Official notice. (NRS 641B.160) 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, standards or records of the Board, of any other regulatory agency of the State …

NAC 641B.395 Informal hearings. (NRS 641B.160) The Board may hold an informal hearing to: 1. Mediate problems; 2. Discuss factual or legal questions relating to the propriety of certain conduct; 3. Discuss certain conduct and warn holders of licenses that engaging in the conduct …

NAC 641B.400 Submission for decision. (NRS 641B.160) A proceeding stands submitted for decision by the Board after: 1. The taking of evidence; 2. The filing of briefs; or 3. The presentation of such oral arguments as may have been permitted by the Board, Ê whichever occurs last. …

NAC 641B.405 Petition for rehearing. (NRS 641B.160) 1. Within 30 days after the Board has made a decision or issued an order, the aggrieved party may apply for a rehearing by filing a written petition setting forth the grounds for the rehearing. The only grounds for rehearing whi…

NAC 641B.410 Rehearing on motion of Board. (NRS 641B.160) The Board, on its own motion, may order a rehearing of its decision if mistake, fraud or misconception of facts existed in the forming of its original decision. (Added to NAC by Bd. of Exam’rs for Social Workers, eff. 9-20…

NAC 641B.415 Effect of filing petition for rehearing. (NRS 641B.160) The filing of a petition for a rehearing does not excuse compliance with an order or decision of the Board, nor suspend its effectiveness, unless the Board, by order, allows the excuse or declares the suspension…

NAC 641B.420 Petition for declaratory order or advisory opinion: Scope of consideration. (NRS 641B.160) The Board will consider petitions for declaratory orders or advisory opinions as to the applicability of any statutory provisions or any regulation or decision of the Board. (A…

NAC 641B.425 Petition for declaratory order or advisory opinion: Action by Board. (NRS 641B.160) 1. Upon receiving a petition for a declaratory order or an advisory opinion, the Board will place the matter on the agenda for discussion at its next regularly scheduled meeting. If t…

NAC 641B.430 Petition for declaratory order or advisory opinion: Preparation of order or opinion. (NRS 641B.160) After the Board determines that an issue concerning the applicability of a provision of a statute, regulation or decision should be addressed, the president or other p…

NAC 641B.435 Petition for declaratory order or advisory opinion: Notice of order or opinion. (NRS 641B.160) After the Board renders its declaratory order or advisory opinion, the Executive Director will give notice of it to the petitioner. (Added to NAC by Bd. of Exam’rs for Soci…

NAC 641B.440 Petition for declaratory order or advisory opinion: Violation of order or opinion. (NRS 641B.160) Any violation of a declaratory order or advisory opinion rendered by the Board will be considered unprofessional conduct. (Added to NAC by Bd. of Exam’rs for Social Work…

NAC 641B.445 Petition for adoption, amendment or repeal of regulation. (NRS 641B.160) 1. A petition for adoption, amendment or repeal of a regulation must be in writing and be prepared in a form approved by the Board. 2. If the Board receives a petition within 30 days before its …

NAC 641B.450 Petition to appear before Board. (NRS 641B.160) Any person may petition the Board to appear and be heard on any matter within the jurisdiction of the Board, as follows: 1. The petition must be in writing and contain a brief summary of the subject matter and the reaso…

NAC 641C.005 Definitions. (NRS 641C.200) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 641C.008 to 641C.066, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Ab…

NAC 641C.008 “Accredited college or university” defined. (NRS 641C.200) “Accredited college or university” means: 1. A college or university that is accredited by a national or regional accrediting agency that is recognized by the Office of Postsecondary Education of the United S…

NAC 641C.010 “Applicant” defined. (NRS 641C.200) “Applicant” means a person who applies for any license, certificate or approval from the Board. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000)

NAC 641C.020 “Client” defined. (NRS 641C.200) “Client” means a natural person, couple or family who receives counseling services for alcohol and other substance use disorders or for an addictive disorder related to gambling. (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abus…