Nevada Administrative Code

NAC 427A.014 “Notify” interpreted. (NRS 427A.070) For the purposes of NRS 427A.155, the Administrator will interpret the term “notify” to include verbal notification. (Added to NAC by Aging & Disability Services Div. by R017-10, eff. 7-22-2010)

NAC 427A.016 “Person or persons designated as responsible for decisions regarding the recipient” interpreted. (NRS 427A.070, 427A.145) For the purposes of NRS 427A.145, the Administrator will interpret the phrase “person or persons designated as responsible for decisions regardin…

NAC 427A.018 “Recipient council” interpreted. (NRS 427A.070, 427A.125) For the purposes of NRS 427A.125, the Administrator will interpret the term “recipient council” to mean a group of recipients of the services of a facility for long-term care, day care center, facility for lon…

NAC 427A.020 Scope and construction. (NRS 427A.070, 427A.135, 427A.138) The provisions of NAC 427A.010 to 427A.310, inclusive: 1. Govern all practice and procedure for a hearing held pursuant to NRS 427A.135 or 427A.138; and 2. Must be liberally construed to secure a just, speedy…

NAC 427A.030 Severability. (NRS 427A.070, 427A.135, 427A.138) Each provision of NAC 427A.010 to 427A.310, inclusive, is hereby declared to be severable and the invalidity of any provision does not affect the validity of any other provision. (Added to NAC by Aging Services Div., e…

NAC 427A.040 Deviation from requirements. (NRS 427A.070, 427A.135, 427A.138) In special cases, upon a showing of good cause, the hearing officer may permit deviation from the requirements set forth in NAC 427A.010 to 427A.310, inclusive, if compliance is impractical or unnecessar…

NAC 427A.042 Training of advocates. (NRS 427A.070, 427A.125) The training of advocates provided by the Ombudsman pursuant to NRS 427A.125 will include, without limitation: 1. A minimum of 40 hours of initial training which is based on standards of the Administration on Aging of t…

NAC 427A.044 Forming and activities of recipients’ councils and family councils. (NRS 427A.070, 427A.125) The Ombudsman or an advocate may assist in the forming and activities of the recipients’ councils and family councils in any facility for long-term care, day care center, fac…

NAC 427A.046 Visits to facilities or centers by volunteer advocates. (NRS 427A.070) 1. A volunteer advocate may enter any facility for long-term care, day care center, facility for long-term rehabilitation or facility maintained by a provider of living arrangement services and an…

NAC 427A.048 Posting of notice regarding Ombudsman and advocate and procedure for making complaint; civil penalty for noncompliance. (NRS 427A.070, 427A.165) 1. Each facility for long-term care, day care center, facility for long-term rehabilitation or facility maintained by a pr…

NAC 427A.050 Communications to hearing officer. (NRS 427A.070, 427A.135, 427A.138) Formal written communications and documents must be addressed to the hearing officer and shall be deemed to be received officially only when delivered to the hearing officer. (Added to NAC by Aging…

NAC 427A.060 Service of documents: Method. (NRS 427A.070, 427A.135, 427A.138) Notices, findings of fact, opinions and decisions of the hearing officer, and any document filed by a party, may be served by mail. Service shall be deemed to be complete when a true copy of the documen…

NAC 427A.070 Service of documents: Proof. (NRS 427A.070, 427A.135, 427A.138) Each document which is required to be served must contain an acknowledgment of service or certificate of mailing. (Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.080 Computation of time. (NRS 427A.070, 427A.135, 427A.138) The time within which any act required by NAC 427A.010 to 427A.310, inclusive, must be accomplished is computed by excluding the first day and including the last day unless the last day is a Saturday, Sunday or …

NAC 427A.090 Pleadings: Designation; execution. (NRS 427A.070, 427A.135, 427A.138) Each pleading must be: 1. Designated as a complaint, answer or motion; and 2. Signed by the party submitting it. (Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.100 Pleadings: Filing; availability. (NRS 427A.070, 427A.135, 427A.138) 1. An original and two legible copies of each pleading must be filed with the hearing officer in all matters before him or her. 2. The hearing officer may direct that the party who filed a pleading m…

NAC 427A.110 Pleadings: Amendment; construction. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may allow any pleading to be amended or corrected or any omission to be supplied. Pleadings must be liberally construed and defects which do not affect a substantial right of a…

NAC 427A.120 Complaints: Appointment of investigator; form, contents and filing; notice to charged person. (NRS 427A.070, 427A.135, 427A.138) 1. The Administrator of the Aging and Disability Services Division of the Department of Health and Human Services shall appoint an investi…

NAC 427A.125 Ombudsman or advocate may advocate for and assist recipient during discharging process from facility or center. (NRS 427A.070) In attempting to resolve a complaint made by or on behalf of a recipient of the services of a facility for long-term care, day care center, …

NAC 427A.130 Answers to complaints. (NRS 427A.070, 427A.135, 427A.138) 1. A respondent has 10 days after being served a complaint in which to file his or her answer with the hearing officer. 2. Matters alleged by way of an affirmative defense must be separately stated and numbere…

NAC 427A.140 Hearings: Presiding officer; location; notice. (NRS 427A.070, 427A.135, 427A.138) 1. A hearing held pursuant to NRS 427A.135 or 427A.138 must be held before the hearing officer. 2. Notice of the place, date and hour of a hearing must be served at least 20 days before…

NAC 427A.150 Hearings: Rights of parties. (NRS 427A.070, 427A.135, 427A.138) At any hearing, each party may enter appearances, introduce evidence, examine and cross-examine witnesses, make arguments and generally participate in the proceeding. (Added to NAC by Aging Services Div.…

NAC 427A.160 Hearings: Appearance of parties. (NRS 427A.070, 427A.135, 427A.138) A party may enter an appearance at the beginning of a hearing or at any time designated by the hearing officer by giving the party’s name and address and stating his or her position or interest to th…

NAC 427A.170 Hearings: Failure to appear. (NRS 427A.070, 427A.135, 427A.138) 1. If the complainant or the respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the hearing officer may hear the evidence of witnesses who have appeared a…

NAC 427A.180 Hearings: Conduct of persons. (NRS 427A.070, 427A.135, 427A.138) Each party to a hearing, his or her counsel and all spectators shall conduct themselves in a respectful manner. (Added to NAC by Aging Services Div., eff. 6-19-90)

NAC 427A.190 Hearings: Preliminary procedure. (NRS 427A.070, 427A.135, 427A.138) The hearing officer will call the proceeding to order, take the appearances and make any introductory remarks. Each party may then make an opening statement. (Added to NAC by Aging Services Div., eff…

NAC 427A.200 Hearings: Order of procedure. (NRS 427A.070, 427A.135, 427A.138) Matters must be heard at a hearing in the following order: 1. The opening statements of the complainant and the respondent. 2. The presentation of the case of the complainant, followed by cross-examinat…

NAC 427A.210 Hearings: Rules of procedure and evidence. (NRS 427A.070, 427A.135, 427A.138) 1. In conducting a hearing, the hearing officer is not bound by the Nevada Rules of Civil Procedure and no informality in any proceeding or in the manner of taking of testimony invalidates …

NAC 427A.220 Hearings: Oaths of witnesses. (NRS 427A.070, 427A.135, 427A.138) All testimony to be considered in a hearing must be taken under oath. Before taking the witness stand, each person must swear before the hearing officer to the truthfulness of the testimony the person i…

NAC 427A.230 Hearings: Consolidation. (NRS 427A.070, 427A.135, 427A.138) 1. The hearing officer may consolidate two or more proceedings into one hearing if it appears that the issues are substantially the same and the interests of the parties will not be prejudiced by consolidati…

NAC 427A.240 Hearings: Continuances. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter or for any other just cause. (Added to NAC by Aging Services Div.…

NAC 427A.250 Stipulations of parties. (NRS 427A.070, 427A.135, 427A.138) 1. With the approval of the hearing officer, the parties may stipulate to any fact at issue by a written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record. 2. Any s…

NAC 427A.260 Briefs; setting matter for oral argument. (NRS 427A.070, 427A.135, 427A.138) 1. The hearing officer may order briefs to be filed and specify a time limit for their filing. 2. Three copies of any requested brief must be filed with the hearing officer in matters before…

NAC 427A.270 Official notice. (NRS 427A.070, 427A.135, 427A.138) The hearing officer may take official notice of: 1. The rules, regulations, official reports, decisions and orders of any regulatory agency of the State. 2. Matters of common knowledge and established technical or s…

NAC 427A.280 Records of formal hearings. (NRS 427A.070, 427A.135, 427A.138) The hearing officer will cause a record to be made of all formal hearings. Any party who wishes to secure a copy of the record may obtain it from the hearing officer upon payment of the proper fee. (Added…

NAC 427A.290 Submission of matter for decision. (NRS 427A.070, 427A.135, 427A.138) Unless otherwise ordered, a proceeding stands submitted for decision by the hearing officer after the taking of evidence, the filing of briefs or the presentation of oral argument required by the h…

NAC 427A.300 Issuance of decision. (NRS 427A.070, 427A.135, 427A.138) 1. The hearing officer will issue a decision not later than 60 days after the hearing. 2. The hearing officer will mail or personally deliver a copy of the decision to the Administrator of the Aging and Disabil…

NAC 427A.310 Appeal of decision. (NRS 427A.070, 427A.135, 427A.138) Any person aggrieved by a decision issued pursuant to a hearing held pursuant to NRS 427A.135 or 427A.138 may appeal to the Director of the Department of Health and Human Services whose decision on the appeal is …

NAC 427A.320 Definitions. (NRS 427A.070, 427A.175) As used in NAC 427A.320 to 427A.3395, inclusive, the words and terms defined in NAC 427A.3203 to 427A.3225, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Aging Services Div. by R167-06, eff. 9-…

NAC 427A.3203 “Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition” defined. (NRS 427A.070, 427A.175) “Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual D…

NAC 427A.3205 “Complainant” defined. (NRS 427A.070, 427A.175) “Complainant” means an older patient who files a complaint pursuant to NRS 427A.175. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.321 “Division” defined. (NRS 427A.070, 427A.175) “Division” means the Aging and Disability Services Division of the Department of Health and Human Services. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3215 “Older patient” defined. (NRS 427A.070, 427A.175) “Older patient” has the meaning ascribed to it in NRS 449.065. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.322 “Person” defined. (NRS 427A.070, 427A.175) “Person” means a natural person, partnership, association, corporation or other public or private entity. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3225 “Respondent” defined. (NRS 427A.070, 427A.175) “Respondent” means a facility, organization or agency against which a complaint has been filed pursuant to NRS 427A.175. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3235 Scope and construction. (NRS 427A.070, 427A.175) The provisions of NAC 427A.320 to 427A.3395, inclusive: 1. Govern all practice and procedure for a complaint filed by an older patient for damage to property pursuant to NRS 427A.175 and for the investigation and hear…

NAC 427A.324 Severability. (NRS 427A.070, 427A.175) Each provision of NAC 427A.320 to 427A.3395, inclusive, is hereby declared to be severable and the invalidity of any provision does not affect the validity of any other provision. (Added to NAC by Aging Services Div. by R167-06,…