Nevada Administrative Code

NAC 288.211 Preliminary investigation of complaint. (NRS 233B.040, 288.110) 1. In determining whether to conduct a preliminary investigation of a complaint pursuant to NRS 288.625, the Board will consider: (a) Whether the complainant or petitioner is represented by counsel; (b) W…

NAC 288.220 Answer. (NRS 233B.040, 288.110) 1. A respondent may file an answer in the form of a pleading and not later than 21 days after the receipt of a complaint. 2. An answer must contain a clear and concise statement of the facts which constitute a defense. The respondent mu…

NAC 288.231 Form of pleadings and motions. (NRS 233B.040, 288.110) 1. Pleadings and written motions filed with the Board, including, without limitation, a complaint, petition, application or request, must: (a) Be properly titled; (b) Be signed by an authorized person; (c) State t…

NAC 288.235 Amendment of pleadings and motions; liberal construction. (NRS 288.110) 1. If not otherwise prohibited by law and if substantial rights of the parties will not be prejudiced, the Board may allow any pleading or motion to be amended or corrected, or any omission in the…

NAC 288.240 Motions. (NRS 233B.040, 288.110) 1. Any request for an order by the Board, except for an order to permit intervention, concerning any matter that has been assigned a case number and that has not been finally decided by the Board must be styled a “motion.” 2. All motio…

NAC 288.245 Motion to file amicus brief; request by Board for filing of amicus briefs in contested cases. (NRS 233B.040, 288.110) 1. Any person or governmental entity claiming an interest in a dispute or controversy that is the subject of a hearing before the Board may, by motion…

NAC 288.250 Prehearing statement. (NRS 233B.040, 288.110) 1. Not later than 21 days after the service of the answer, unless otherwise ordered by the Board or Commissioner, each party shall file with the Board the prehearing statement of the party which includes: (a) A plain and c…

NAC 288.253 Extension to file certain documents. (NRS 288.110) 1. Upon written stipulation of the parties, the Commissioner may approve a request to extend the time to file any document described in NAC 288.220 to 288.250, inclusive, if the Commissioner determines that the propos…

NAC 288.255 Settlement conference. (NRS 233B.040, 288.110) 1. Except as otherwise provided in subsection 3, the Board may order the parties to participate in a settlement conference upon the motion of any party or its own motion. 2. The Commissioner shall conduct any settlement c…

NAC 288.260 Petition to intervene: Generally. (NRS 233B.040, 288.110) 1. Any person claiming an interest in a dispute or controversy which is the subject of a hearing may be made a party upon timely petition and a showing satisfactory to the Board of the person’s interest in the …

NAC 288.262 Petition to intervene: Filing; response; delay in filing. (NRS 233B.040, 288.110) 1. A petition for leave to intervene and proof of service of a copy of the petition on each party of record must be filed with the Board at least 30 days before the time set for the hear…

NAC 288.265 Limitation on number of interveners. (NRS 288.110) When two or more interveners have substantially the same interests and positions, the Board may limit the number of interveners who will be permitted to cross-examine witnesses, make and argue motions, or make objecti…

NAC 288.270 Form of appeals. (NRS 288.110) The submission of an appeal made pursuant to NRS 288.160 or 288.170 must follow the same form outlined for complaints except that the terms “appeal” and “appellant” must be substituted for “complaint” and “complainant.” [Local Gov’t Empl…

NAC 288.271 Establishment; assignment of members of Board to panel; presiding officer. (NRS 233B.040, 288.090, 288.110) 1. The Commissioner may establish one or more panels as the Commissioner deems necessary. Each panel must be designated “Panel A,” “Panel B” and so forth accord…

NAC 288.2715 Scheduling of meetings of panel; assignment of cases and stipulations to dismiss; assignment of cases involving statewide significance to full Board. (NRS 233B.040, 288.090, 288.110) 1. The Commissioner shall schedule the meetings of each panel in consultation with t…

NAC 288.2718 Split decision: Filing and service of petition for reconsideration by full Board; failure to file timely petition constitutes final decision for purposes of judicial review. (NRS 288.090, 288.110) 1. Any party aggrieved by a split decision of a panel may file a petit…

NAC 288.272 Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration. (NRS 288.090, 288.110) 1. A petition for reconsideration by the full Board must be suppo…

NAC 288.2725 Split decision: Approval or denial of petition for reconsideration by full Board; oral argument if petition approved; petition for rehearing. (NRS 288.090, 288.110) 1. The full Board will consider a timely petition for reconsideration and may grant or deny it not lat…

NAC 288.273 Prehearing conference. (NRS 288.110) 1. The Board or Commissioner may, upon written notice to all parties of record, hold a prehearing conference to: (a) Formulate or simplify the issues; (b) Obtain admissions of fact which will avoid unnecessary proof; (c) Discuss an…

NAC 288.275 Consolidation. (NRS 288.110) 1. The Board may consolidate two or more cases 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. At a consolidated hearing,…

NAC 288.276 Duties of hearing officer; written objection to recommended decision or order; duties of Board. (NRS 233B.040, 288.110) 1. A hearing officer appointed by the Board pursuant to NRS 288.630 to conduct a hearing that the Board is otherwise required to conduct pursuant to…

NAC 288.277 Location; video conference; notice. (NRS 233B.040, 288.110) 1. Hearings may be held at any location in the State that the Board designates in the notice of the hearing. To the extent possible, hearings will be held in the geographical area which is affected by the pro…

NAC 288.278 Representation in contested case. (NRS 233B.040, 288.110) 1. Except as otherwise provided in this subsection, representation before the Board in a contested case is limited to representation in proper person or by an attorney who is licensed to practice law in the Sta…

NAC 288.279 Subpoenas. (NRS 288.110, 288.120) 1. The Chair, or the Vice Chair in the absence of the Chair, may issue a subpoena on behalf of the Board pursuant to NRS 288.120 upon the request of a party to the case or a person who has a pending motion to intervene. 2. If a reques…

NAC 288.280 Examination of witnesses. (NRS 288.110) Witnesses at a hearing must be examined orally under oath, except that for good cause, the Board may permit their testimony to be taken by deposition. [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 3.07 & 3.08, eff. 11-12-71]—(NAC A …

NAC 288.285 Failure of party to appear. (NRS 288.110) If a petitioner, complainant, respondent or intervener fails, without good cause, to appear at the time and place set for hearing, the Board may impose any of the sanctions set forth in NAC 288.373 and may grant or, in the alt…

NAC 288.290 Request for postponement. (NRS 233B.040, 288.110) 1. Any request for the postponement of a scheduled hearing must be in writing and signed by the parties or their counsel. The request must include a statement of the reasons for the requested postponement and must be f…

NAC 288.295 Preliminary procedure. (NRS 288.110) The Board will call the hearing to order, note the appearances of the parties present and act upon any pending motions or petitions. At the discretion of the Board the parties may make opening statements. (Added to NAC by Local Gov…

NAC 288.301 Conduct of hearing. (NRS 288.110) 1. The petitioner or complainant shall present his or her case-in-chief to the Board first followed by the case-in-chief for respondents and others opposing the petition or complaint. 2. Opposing parties will have the opportunity to c…

NAC 288.306 Allowance of oral argument. (NRS 233B.040, 288.110) 1. The Board may, following the filing of briefs or upon contested motions: (a) Set the matter for oral argument upon 14 days written notice to each party of record, unless the Board considers a shorter time advisabl…

NAC 288.310 Closing arguments. (NRS 288.110) A party to the proceedings is entitled to a reasonable period, as determined by the Board, at the close of the hearing for oral argument. [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.11, eff. 11-12-71]—(NAC A 9-30-88)

NAC 288.320 Contemptuous conduct. (NRS 288.110) Contemptuous conduct at a hearing is grounds for exclusion from the hearing. [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.10, eff. 11-12-71]

NAC 288.322 Admissibility of evidence. (NRS 288.110) 1. In conducting any investigation, inquiry or hearing, the Board and the presiding officer are not bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invali…

NAC 288.324 Documentary evidence and exhibits; amendments to exhibits. (NRS 233B.040, 288.110) 1. Unless otherwise permitted, exhibits submitted to the Board must be limited in size to 8 1/2 by 11 inches. Except as otherwise provided in subsection 2, a copy of each documentary ex…

NAC 288.326 Presentation of further evidence; late filing of exhibits. (NRS 288.110) 1. At any hearing, the Board may order the presentation of further evidence on any issue. The party required to present further evidence will not be restricted from submitting all evidence which …

NAC 288.328 Admission of evidence into record. (NRS 288.110) The presiding officer will rule on the admissibility of all evidence subject to the provisions of NAC 288.324 and 288.326. At the conclusion of the hearing, all evidence will be received into the record subject to the r…

NAC 288.332 Official notice. (NRS 288.110) The Board may take official notice of the following matters: 1. Rules, regulations, official reports, decisions, orders and other findings issued by the Board or any regulatory agency of the State; 2. Contents of other findings issued by…

NAC 288.335 Stipulations. (NRS 288.110) 1. With the approval of the Board the parties may stipulate as to any fact in issue, either by written stipulation introduced into evidence as an exhibit or by an oral statement made upon the record. This stipulation is binding only upon th…

NAC 288.340 Decisions and orders. (NRS 288.110) 1. Any decision or order announced outside of a hearing will be in writing. The Board will serve a copy upon each of the parties. 2. Decisions and orders announced at a hearing may be stated orally and must be included in the stenog…

NAC 288.345 Briefs: Order to file; procedure for filing; service. (NRS 233B.040, 288.110) In any proceeding, the presiding officer may order briefs to be filed within a reasonable time. Each brief must be filed with the Board and, if the Board has not ordered the submission of si…

NAC 288.350 Briefs: Filing after hearing. (NRS 288.110) Any party who desires to file a brief after the hearing must have made a motion at the hearing to be permitted to file a brief after the hearing and had that motion approved by the Board. Any brief permitted by the Board to …

NAC 288.360 Rehearings: Petition; procedure; effect of failure to file petition. (NRS 233B.040, 288.110) 1. Either party may, within 14 days after service of a final decision of the Board, file a petition for a rehearing stating the reasons therefor. 2. The Board may order a rehe…

NAC 288.362 Rehearings: Response. (NRS 233B.040, 288.110) Answers to a petition for rehearing will not be entertained by the Board. If a rehearing is granted by the Board, a response in the nature of an answer may be filed by any party of record within 14 days after the issuance …

NAC 288.364 Rehearings: Grant or denial; decision. (NRS 288.110) 1. The Board will consider a timely petition for rehearing and may grant or deny it not later than 5 days before the date of the expiration of the time frame to file a petition for judicial review set forth in NRS 2…

NAC 288.368 Rehearings: Order for modification; modifying order is final order for purposes of judicial review. (NRS 288.090, 288.110) 1. Any order modifying a decision or order of the Board issued pursuant to NAC 288.364 incorporates those portions of the prior order or decision…

NAC 288.370 Transcripts: Costs. (NRS 288.110) 1. Except as otherwise ordered by the Board, the cost of recording or reporting testimony must be divided equally by all parties and a copy must be furnished to the Board. Either party may procure transcripts at his or her expense. 2.…

NAC 288.373 Imposition of sanctions. (NRS 288.110) 1. The Board may impose sanctions against a party who fails: (a) To comply with an order of the Board; (b) Without good cause, to appear at the time and place set for hearing by the Board; or (c) To comply with any applicable pro…