622A.380 - Order of hearing.
622A.380 Order of hearing.
1. Except as otherwise provided in this section, in any hearing pursuant to this chapter, the hearing must proceed as follows:
(a) The president or chair of the regulatory body, the chair or presiding officer of the hearing panel or the hearing officer shall call the hearing to order.
(b) The parties and their representatives and the members of the regulatory body, the members of the hearing panel or the hearing officer must be introduced.
(c) The regulatory body or hearing panel or officer shall consider any preliminary motions, stipulations or orders and shall address any administrative details regarding the hearing.
(d) The regulatory body or hearing panel or officer:
(1) Shall ask the parties if they want any witness excluded from the hearing;
(2) Shall instruct any witness who is excluded from the hearing not to discuss the case during the course of the hearing;
(3) Shall allow the licensee to remain in the hearing;
(4) Shall allow any person who acts as both a representative of the prosecutor and a witness in the hearing to remain in the hearing; and
(5) May, on its own motion, exclude any witness from the hearing.
(e) The prosecutor may make an opening statement. After the prosecutor has had the opportunity to make an opening statement, the licensee may make an opening statement. The regulatory body or hearing panel or officer may limit equally the time of the opening statement of each party.
(f) The prosecutor may present his or her case by presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The prosecutor may directly examine the witness.
(3) The licensee may cross-examine the witness.
(4) If requested, the prosecutor may question the witness on redirect examination.
(5) If requested, the licensee may question the witness on recross-examination.
(g) After the prosecutor has had the opportunity to present his or her case, the licensee may present his or her case by presenting evidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The licensee may directly examine the witness.
(3) The prosecutor may cross-examine the witness.
(4) If requested, the licensee may question the witness on redirect examination.
(5) If requested, the prosecutor may question the witness on recross-examination.
(h) A member of the regulatory body, a member of the hearing panel or the hearing officer may question a witness at any time during the hearing. If a witness is questioned by a member of the regulatory body, a member of the hearing panel or the hearing officer, the party who called the witness may request permission to ask further questions, limited to the area addressed by the member or hearing officer. When that party has asked those questions, the other party may request permission to ask further questions, limited to the area addressed by the member or hearing officer.
(i) After the prosecutor and licensee have presented their cases, the regulatory body or hearing panel or officer may allow the prosecutor and licensee to call rebuttal witnesses. If the prosecutor or licensee, or both, call one or more rebuttal witnesses, each rebuttal witness must be sworn in and questioned in the same manner as provided in paragraph (f) or (g), as appropriate.
(j) The prosecutor may make a closing argument. After the prosecutor has had the opportunity to make a closing argument, the licensee may make a closing argument. The regulatory body or hearing panel or officer may limit equally the time of the closing argument of each party. If the licensee makes a closing argument, the prosecutor may make a final closing argument. The regulatory body or hearing panel or officer may limit the time of the final closing argument.
(k) If allowed by the regulatory body or hearing panel or officer, either party may recommend specific disciplinary action to the regulatory body or hearing panel or officer at the appropriate time.
(l) After the close of the hearing, the regulatory body or hearing panel or officer shall deliberate and reach a decision. Not later than 60 days after the close of the hearing:
(1) If the hearing was conducted by the hearing panel or officer, the hearing panel or officer shall prepare written findings and recommendations and serve the findings and recommendations on the parties and the regulatory body for its review.
(2) If the hearing was conducted by the regulatory body, the regulatory body shall prepare a final decision in the manner provided in NRS 233B.125.
2. The regulatory body or hearing panel or officer may deviate from the order of the hearing set forth in subsection 1 if the regulatory body or hearing panel or officer:
(a) Upon a showing of good cause, deems it appropriate; or
(b) Deems it necessary to expedite or ensure the fairness of the hearing.
(Added to NRS by 2005, 748)