Nevada Administrative Code

NAC 427A.326 Service of documents: Proof. (NRS 427A.070, 427A.175) Each document that is required to be served must contain an acknowledgment of service or certificate of mailing. (Added to NAC by Aging Services Div. by R167-06, eff. 9-18-2007)

NAC 427A.3265 Computation of time. (NRS 427A.070, 427A.175) The time within which any act required by NAC 427A.320 to 427A.3395, 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 legal ho…

NAC 427A.327 Pleadings: Designation; execution. (NRS 427A.070, 427A.175) 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. by R167-06, eff. 9-18-2007)

NAC 427A.3275 Pleadings: Filing; availability. (NRS 427A.070, 427A.175) 1. An original and two legible copies of each pleading must be filed with the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition…

NAC 427A.328 Pleadings: Amendment; construction. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may allow any pleading to be amended or corrected or any omission to be…

NAC 427A.3285 Complaints: Form, contents and filing. (NRS 427A.070, 427A.175) 1. An older patient who wishes to file a complaint pursuant to NRS 427A.175 must file two copies of the complaint with the Division within 1 year after the older patient sustains damage to his or her pr…

NAC 427A.329 Settlement conferences. (NRS 427A.070, 427A.175) 1. Within 10 days after the Division receives a complaint, the supervisor of the region in which the respondent is located shall contact the complainant or his or her representative to schedule a settlement conference …

NAC 427A.3295 Answers to complaints: Filing; effect of failure to file. (NRS 427A.070, 427A.175) 1. A respondent has 10 days after being served a complaint in which to file his or her answer with the Attorney for the Rights of Older Persons and Persons with a Physical Disability,…

NAC 427A.330 Hearings: Presiding officer; notice; rescheduling; location. (NRS 427A.070, 427A.175) 1. If a settlement is not reached pursuant to subsection 2 of NRS 427A.175 and the complainant or respondent requests a hearing, the hearing must be before the Attorney for the Righ…

NAC 427A.3305 Hearings: Rights of parties. (NRS 427A.070, 427A.175) 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. by R167-…

NAC 427A.331 Hearings: Appearance of parties. (NRS 427A.070, 427A.175) A party may enter an appearance at the beginning of a hearing or at any time designated by the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a R…

NAC 427A.3315 Hearings: Failure to appear; second hearing. (NRS 427A.070, 427A.175) 1. If the complainant or the respondent fails to appear at a scheduled hearing and no continuance has been requested or granted, the Attorney for the Rights of Older Persons and Persons with a Phy…

NAC 427A.332 Hearings: Conduct of persons. (NRS 427A.070, 427A.175) 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. by R167-06, eff. 9-18-2007)

NAC 427A.3325 Hearings: Preliminary procedure. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition will call the proceeding to order, take the appearances and make any intr…

NAC 427A.333 Hearings: Order of procedure. (NRS 427A.070, 427A.175) 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-examination. 3. Th…

NAC 427A.3335 Hearings: Rules of procedure and evidence. (NRS 427A.070, 427A.175) 1. In conducting a hearing, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition is not bound by the Nevada Rules of…

NAC 427A.334 Hearings: Oaths of witnesses. (NRS 427A.070, 427A.175) All testimony to be considered in a hearing must be taken under oath. Before taking the witness stand, each person must swear before the Attorney for the Rights of Older Persons and Persons with a Physical Disabi…

NAC 427A.3345 Hearings: Consolidation. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may consolidate two or more proceedings into one hearing if it appears that th…

NAC 427A.335 Hearings: Continuances. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may, before or during a hearing, and on a proper showing, grant continuances for su…

NAC 427A.3355 Stipulations of parties. (NRS 427A.070, 427A.175) 1. With the approval of the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition, the parties may stipulate to any fact at issue by a writ…

NAC 427A.336 Briefs; setting matter for oral argument. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may order briefs to be filed and specify a time limit for thei…

NAC 427A.3365 Official notice. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition may take official notice of: 1. The rules, regulations, official reports, decisions and o…

NAC 427A.337 Records of formal hearings; copy available upon payment of fee. (NRS 427A.070, 427A.175) The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition will cause a record to be made of all forma…

NAC 427A.3375 Submission of matter for decision. (NRS 427A.070, 427A.175) Unless otherwise ordered, a proceeding stands submitted for decision by the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition…

NAC 427A.338 Decision: Issuance; distribution; additional copies. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition will issue a decision not later than 60 days after …

NAC 427A.3385 Report of Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition summarizing proceedings. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical…

NAC 427A.339 Case record of hearing; submission and retention of case record and recording. (NRS 427A.070, 427A.175) 1. The Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall keep the record of …

NAC 427A.3395 Appeal of decision. (NRS 427A.070, 427A.175) Any person aggrieved by a decision issued pursuant to a hearing held pursuant to NRS 427A.175 may appeal to the Administrator of the Division whose decision on the appeal is a final decision. (Added to NAC by Aging Servic…

NAC 427A.350 Definitions. (NRS 427A.250) As used in NAC 427A.350 to 427A.488, inclusive, unless the context otherwise requires, the words and terms defined in NAC 427A.354 to 427A.3815, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Aging Servic…

NAC 427A.354 “Asset” defined. (NRS 427A.250) “Asset” means income and resources that: 1. Belong to an applicant or recipient; and 2. Have monetary value. (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-18-2007)

NAC 427A.356 “Case management” defined. (NRS 427A.250) “Case management” means a process in which a person is assisted in gaining access to services provided by COPE and to medical, educational, social and other services, without regard to the source of funding from which the acc…

NAC 427A.358 “Case manager” defined. (NRS 427A.250) “Case manager” means a person who meets the qualifications set forth in NAC 427A.428 and who carries out the duties of case management for a recipient of COPE. (Added to NAC by Aging Services Div., eff. 7-16-92; A by R163-06, 9-…

NAC 427A.364 “Commission” defined. (NRS 427A.250) “Commission” means the Nevada Commission on Aging. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.365 “COPE” defined. (NRS 427A.250) “COPE” means the Community Service Options Program for the Elderly established by the Division pursuant to NRS 427A.250 to provide community-based services to frail elderly persons. (Added to NAC by Aging Services Div. by R163-06, eff. …

NAC 427A.367 “Designated representative” defined. (NRS 427A.250) “Designated representative” means a person designated to act on behalf of a recipient pursuant to NAC 427A.384. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.372 “Fiscal year” defined. (NRS 427A.250) “Fiscal year” means a period beginning on July 1 and ending on June 30 of the following year. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.374 “Income” defined. (NRS 427A.250) “Income” means the receipt of money or other thing of value. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.378 “Legal representative” defined. (NRS 427A.250) “Legal representative” means: 1. A person who has been designated to act for an applicant or a recipient of COPE by a power of attorney; 2. A legal guardian of an applicant or a recipient; or 3. Any other person who is l…

NAC 427A.379 “Nursing facility” defined. (NRS 427A.250) “Nursing facility” means a facility for intermediate care as defined in NRS 449.0038, or a facility for skilled nursing as defined in NRS 449.0039. (Added to NAC by Aging Services Div., eff. 7-16-92; A 1-10-97)

NAC 427A.3797 “Recipient” defined. (NRS 427A.250) “Recipient” means a person who is enrolled in COPE. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.380 “Respite care” defined. (NRS 427A.250) “Respite care” means care for a patient that provides a respite for the primary caregiver from the stresses and responsibilities that result from the daily care of the patient. (Added to NAC by Aging Services Div., eff. 7-16-92)

NAC 427A.381 “Social Services Manager” defined. (NRS 427A.250) “Social Services Manager” means the Social Services Manager of community-based care of the Division. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.3815 “Standardized assessment tool” defined. (NRS 427A.250) “Standardized assessment tool” means the form used to measure the needs of a recipient of COPE. (Added to NAC by Aging Services Div. by R163-06, eff. 9-18-2007)

NAC 427A.384 Designation of representative to act on behalf of recipient. (NRS 427A.250) If a recipient has difficulty acting on his or her own behalf, the recipient may designate a representative to act on his or her behalf. If the recipient designates such a representative, the…

NAC 427A.386 Transfer of case between regions of State. (NRS 427A.250) If a recipient moves from one region in this State to another, his or her case must be transferred to the office of the Division responsible for the region to which the recipient has moved. (Added to NAC by Ag…

NAC 427A.388 Confidentiality and release of records of recipient. (NRS 427A.250) 1. The records of a recipient are confidential and may only be released to: (a) A person who is authorized by the recipient or his or her legal representative pursuant to a signed, written authorizat…

NAC 427A.390 Review and copying of case file of recipient. (NRS 427A.250) 1. The Division will make a recipient’s case file available for review upon the request of the recipient. 2. A recipient may authorize another person to review the recipient’s case file by signing a form fo…