622A.390 - Posthearing motions; rehearing and reconsideration; vacation and modification of final decision.
622A.390 Posthearing motions; rehearing and reconsideration; vacation and modification of final decision.
1. After the close of the hearing, a party may file only the following motions:
(a) A motion requesting a rehearing.
(b) A motion requesting reconsideration of the findings and recommendations of the hearing panel or officer or the final decision of the regulatory body.
(c) A motion requesting that the final decision of the regulatory body be vacated or modified.
(d) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief after the close of the hearing.
2. A motion requesting a rehearing or reconsideration must be filed with:
(a) The hearing panel or officer not later than 15 days after the date of service of the findings and recommendations of the hearing panel or officer.
(b) The regulatory body not later than 15 days after the date of service of the final decision of the regulatory body.
3. A party who opposes the motion may file a response to the motion not later than 7 days after the date of service of the motion.
4. The regulatory body may authorize the president or chair of the regulatory body to rule on the motion. The hearing panel may authorize the chair or presiding officer of the hearing panel to rule on the motion.
5. A motion requesting a rehearing or reconsideration may be based only on one of the following grounds:
(a) Newly discovered or available evidence.
(b) Error in the hearing or in the findings and recommendations or the decision that would be grounds for reversal of the findings and recommendations or the decision.
(c) The need in the public interest for further consideration of the issues or evidence, or both.
6. The regulatory body or hearing panel or officer shall enter an order ruling on the motion requesting a rehearing or reconsideration not later than 25 days after the date on which the motion is filed. A copy of the order must be served on each party. The regulatory body or hearing panel or officer may:
(a) Deny the motion;
(b) Order a rehearing or partial rehearing;
(c) Order reconsideration of the findings and recommendations or the decision; or
(d) Direct other proceedings as the regulatory body or hearing panel or officer deems appropriate.
7. If the regulatory body or hearing panel or officer orders a rehearing, the rehearing must be confined to the issues upon which the rehearing was ordered.
(Added to NRS by 2005, 750)