2005 Nevada Revised Statutes - Chapter 622A — Administrative Procedure Before Certain Regulatory Bodies
CHAPTER 622A - ADMINISTRATIVE PROCEDUREBEFORE CERTAIN REGULATORY BODIES
GENERAL PROVISIONS
NRS 622A.010 Definitions.
NRS 622A.020 Contestedcase and case defined.
NRS 622A.030 Employeedefined.
NRS 622A.040 Licensedefined.
NRS 622A.050 Licenseedefined.
NRS 622A.060 Memberof a regulatory body defined.
NRS 622A.070 Prosecutordefined.
NRS 622A.080 Recordsdefined.
NRS 622A.090 Regulatorybody defined.
SCOPE AND APPLICABILITY
NRS 622A.120 Exemptionof certain regulatory bodies.
NRS 622A.130 Uniformityof application and construction; chapter supplements other statutoryprovisions; resolution of conflicts.
IMMUNITY
NRS 622A.150 Immunityfrom civil liability.
REGULATORY AUTHORITY
NRS 622A.170 Informaldispositions; consent and settlement agreements; designation of hearing panels.
ADJUDICATION OF CONTESTED CASES
NRS 622A.300 Initiationof prosecution; filing of charging document; designation of adjudicator; noticeof case; findings and recommendations; consolidation of cases.
NRS 622A.310 Appearance;representation by attorney; standards of conduct; withdrawal fromrepresentation; sanctions; costs of defense.
NRS 622A.320 Answer;amendment of charging document; continuance; inclusion of pleadings in record.
NRS 622A.330 Discovery;limitations on interrogatories and depositions.
NRS 622A.340 Limitationson communications with adjudicator.
NRS 622A.350 Effectof failure to appear.
NRS 622A.360 Motions.
NRS 622A.370 Burdenand standard of proof; rules of procedure and evidence; grounds fordisciplinary action; administrative penalties; transcription of hearing; costs.
NRS 622A.380 Orderof hearing.
NRS 622A.390 Posthearingmotions; rehearing and reconsideration; vacation and modification of finaldecision.
NRS 622A.400 Judicialreview.
NRS 622A.410 Requirementsin cases involving revocation of license; procedure for reinstatement of license.
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GENERAL PROVISIONS
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1. Contested case and case have the meaningascribed to contested case in NRS233B.032.
2. A final decision of a regulatory body approving ordenying an application for issuance or renewal of a license is not a contestedcase for the purposes of this chapter.
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1. The Attorney General or a deputy attorney generalwho prosecutes a contested case pursuant to this chapter;
2. If the Attorney General and his deputies aredisqualified to act in such a matter, an attorney appointed by the AttorneyGeneral to prosecute a contested case pursuant to this chapter; or
3. If the regulatory body is authorized to employ orretain attorneys other than the Attorney General and his deputies, an attorneyemployed or retained by the regulatory body to prosecute a contested casepursuant to this chapter.
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1. Regulatory body means:
(a) Any state agency, board or commission which has theauthority to regulate an occupation or profession pursuant to this title; and
(b) Any officer of a state agency, board or commissionwhich has the authority to regulate an occupation or profession pursuant tothis title.
2. The term does not include any regulatory body whichis exempted from the provisions of this chapter pursuant to
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SCOPE AND APPLICABILITY
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1. The following regulatory bodies are exempted fromthe provisions of this chapter:
(a) State Contractors Board.
(b) State Board of Professional Engineers and LandSurveyors.
(c) Nevada State Board of Accountancy.
(d) Board of Medical Examiners.
(e) Board of Dental Examiners of Nevada.
(f) State Board of Nursing.
(g) Chiropractic Physicians Board of Nevada.
(h) Nevada State Board of Optometry.
(i) State Board of Pharmacy.
(j) Board of Examiners for Marriage and FamilyTherapists.
(k) Real Estate Commission, Real Estate Administratorand Real Estate Division of the Department of Business and Industry.
(l) Commission of Appraisers of Real Estate.
(m) Commissioner of Mortgage Lending and Division ofMortgage Lending of the Department of Business and Industry.
(n) Commissioner of Financial Institutions and Divisionof Financial Institutions of the Department of Business and Industry.
(o) State Board of Health and Health Division of theDepartment of Health and Human Services.
2. Any regulatory body which is exempted from theprovisions of this chapter pursuant to subsection 1 may elect by regulation tofollow the provisions of this chapter or any portion thereof.
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1. The provisions of this chapter must be interpretedso as to effectuate their general purpose to make uniform among the regulatorybodies that are subject to the provisions of this chapter the procedures usedto prosecute contested cases and take administrative action against a personwho violates any law or regulation governing occupational licensing.
2. To the extent possible, the provisions of thischapter are intended to supplement other statutory provisions governingadministrative procedure, occupational licensing and regulatory bodies, andsuch other provisions must be given effect to the extent that those provisionsdo not conflict with the provisions of this chapter. If there is a conflictbetween such other provisions and the provisions of this chapter, theprovisions of this chapter control.
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IMMUNITY
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1. A person who provides a governmental entity,officer or employee with any information relating to a contested case is immunefrom any civil liability for providing that information if the person acted ingood faith and without malicious intent.
2. A governmental entity, officer or employee isimmune from any civil liability for:
(a) Any decision or action taken in good faith andwithout malicious intent in carrying out the provisions of this chapter or anylaw or regulation governing occupational licensing; or
(b) Communicating or cooperating with or providing anydocuments or other information to any other governmental entity, officer oremployee conducting an investigation, disciplinary proceeding or civil orcriminal prosecution.
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REGULATORY AUTHORITY
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1. The provisions of this chapter do not affect orlimit the authority of a regulatory body, at any stage of a contested case, tomake an informal disposition of the contested case pursuant to subsection 5 of
2. The provisions of this chapter do not affect orlimit the authority of a regulatory body to designate a panel of its members tohear a contested case pursuant to this chapter.
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ADJUDICATION OF CONTESTED CASES
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1. To initiate the prosecution of a contested case,the prosecutor shall file a charging document with the regulatory body andserve the licensee with the charging document.
2. The regulatory body shall determine whether thecase will be heard by the regulatory body or a hearing panel or officer.
3. The regulatory body or hearing panel or officershall provide the licensee with written notice of the case pursuant to
4. If the case is heard by a hearing panel or officer,the hearing panel or officer shall follow the procedures established by thischapter and any other applicable statutory and regulatory provisions governingthe case. The hearing panel or officer shall prepare written findings andrecommendations and serve the findings and recommendations on the parties andthe regulatory body for its review.
5. The findings and recommendations of the hearingpanel or officer do not become final unless they are approved by the regulatorybody after review. In reviewing the findings and recommendations of the hearingpanel or officer, the regulatory body may:
(a) Approve the findings and recommendations, with orwithout modification;
(b) Reject the findings and recommendations and remandthe case to the hearing panel or officer;
(c) Reject the findings and recommendations and order ahearing de novo before the regulatory body; or
(d) Take any other action that the regulatory bodydeems appropriate to resolve the case.
6. If the case is heard by the regulatory body, theregulatory body shall follow the procedures established by this chapter and anyother applicable statutory and regulatory provisions governing the case.
7. The regulatory body or the hearing panel orofficer, with the approval of the regulatory body, may consolidate two or morecases if it appears that the cases involve common issues of law or fact and theinterests of the parties will not be prejudiced by the consolidation.
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1. In any contested case against a licensee pursuantto this chapter, the licensee may appear on his own behalf or the licensee maybe represented by:
(a) An attorney licensed to practice law in this State;or
(b) An attorney licensed to practice law in anotherstate who is properly associated with an attorney licensed to practice law inthis State and who provides a certificate of good standing from the licensingauthority of the other state.
2. An attorney representing a licensee shall:
(a) Ensure that his conduct complies with the NevadaRules of Professional Conduct; and
(b) Conform to all standards of ethical and courteousbehavior required in the courts of this State.
3. An attorney may withdraw from his representation ofa licensee upon notice to the licensee and the regulatory body or hearing panelor officer. The notice must include the reason for the requested withdrawal.The regulatory body or hearing panel or officer may deny the request if theremay be an unreasonable delay in the case or the substantial rights of thelicensee may be prejudiced.
4. If the regulatory body or hearing panel or officerfinds that an attorney has violated any provision of this section, theregulatory body or hearing panel or officer may bar the attorney fromparticipating in the case or may impose such other sanctions as the regulatorybody or hearing panel or officer deems appropriate.
5. A licensee is responsible for all costs related tothe presentation of his defense.
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1. After being served with the charging document, thelicensee may, but is not required to, file an answer to the charging document.The licensee may file such an answer not later than 20 days after the date ofservice of the charging document.
2. The prosecutor may amend the charging document atany time before the hearing. If the prosecutor amends the charging documentbefore the hearing, the prosecutor shall:
(a) File the amended charging document with theregulatory body or hearing panel or officer; and
(b) Serve the licensee with the amended chargingdocument.
3. After being served with an amended chargingdocument, the licensee may do any or all of the following:
(a) File an answer to the amended charging document.The licensee may file such an answer not later than 20 days after the date ofservice of the amended charging document or not later than the date of thehearing, whichever date is sooner.
(b) Move for a continuance of the hearing. Theregulatory body or hearing panel or officer shall grant the continuance if thelicensee demonstrates that:
(1) The amendment materially alters theallegations in the charging document; and
(2) The licensee does not have a reasonableopportunity to prepare a defense against the amended charging document beforethe date of the hearing.
4. The prosecutor may amend the charging document atthe time of the hearing if the amendment is not considered material and thesubstantial rights of the licensee would not be prejudiced by the amendment.
5. The charging document, any amended chargingdocument and any answer filed by the licensee must be made part of the recordat the hearing.
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1. At any time after being served with the chargingdocument, the licensee may file with the regulatory body or hearing panel orofficer a written discovery request for a copy of all documents and otherevidence intended to be presented by the prosecutor in support of the case anda list of proposed witnesses.
2. The investigative file for the case is notdiscoverable unless the prosecutor intends to present materials from theinvestigative file as evidence in support of the case. The investigative filefor the case includes all communications, records, affidavits or reportsacquired or created as part of the investigation of the case, whether or notacquired through a subpoena related to the investigation of the licensee.
3. A party may not serve any interrogatories onanother party or take any depositions relating to the case, unless permitted bythe regulations of the regulatory body.
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1. Is part of a pleading, motion or other documentthat is properly filed and served on all parties; or
2. Occurs while all parties are present or occursduring a meeting or hearing for which all parties have been given propernotice, whether or not all parties are present at that meeting or hearing.
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1. If a party fails to appear at a scheduled hearingand a continuance has not been scheduled or granted, any party who is presentat the hearing may make an offer of proof that the absent party was givensufficient legal notice. Upon a determination by the regulatory body or hearingpanel or officer that the absent party was given sufficient legal notice, theregulatory body or hearing panel or officer may proceed to consider and disposeof the case without the participation of the absent party.
2. If the licensee fails to appear at a hearing, theregulatory body or hearing panel or officer may accept the allegations againstthe licensee in the charging document as true.
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1. Except as otherwise provided in this chapter or aspermitted by the regulatory body or hearing panel or officer, to request aruling from the regulatory body or hearing panel or officer on any issue of lawor procedure in a case, a party must file a written motion with the regulatorybody or hearing panel or officer.
2. A party may file only the following prehearingmotions:
(a) A motion requesting a continuance or an extensionof time.
(b) A motion requesting, for good cause, the recusal ofthe hearing officer, a member of the hearing panel or a member of theregulatory body from participation in the case.
(c) A motion requesting the separation of consolidatedcases.
(d) A motion requesting a more definite statementregarding the allegations in the charging document on the ground that there isnot enough information in the charging document to formulate a defense.
(e) A motion requesting dismissal of the chargingdocument for failure to state facts which, if true, would form a sufficientbasis for discipline.
(f) With leave of the regulatory body or hearing panelor officer, any other motion requesting appropriate action or relief before thedate of the hearing.
3. A prehearing motion must be filed with theregulatory body or hearing panel or officer at least 10 days before the date ofthe hearing. A party who opposes the motion may file a response to theprehearing motion not later than 7 days after the date of service of themotion. Upon a showing of good cause, the regulatory body or hearing panel orofficer may allow a party to file such a motion or response within such othertimes as the regulatory body or hearing panel or officer deems appropriate.
4. The regulatory body or hearing panel or officershall rule on any prehearing motion before or on the date of the hearing. Theregulatory body may authorize the president or chairman of the regulatory bodyto rule on any prehearing motion before the date of the hearing. The hearingpanel may authorize the chairman or presiding officer of the hearing panel torule on any prehearing motion before the date of the hearing.
5. A party may file only the following motions afterthe commencement of the hearing:
(a) After the prosecutor has concluded the presentationof his case in chief, a motion requesting dismissal of the charging documentfor failure of the prosecutor to meet his burden of proof.
(b) With leave of the regulatory body or hearing panelor officer, any other motion requesting appropriate action or relief during thehearing.
6. A party may file only the motions set forth in
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1. The prosecutor has the burden of proof in anyhearing pursuant to this chapter. The standard of proof in such a hearing issubstantial evidence.
2. Except as otherwise provided in this chapter, theregulatory body or hearing panel or officer is not bound by strict rules ofprocedure or rules of evidence when conducting the hearing, except thatevidence must be taken and considered in the hearing pursuant to
3. In any hearing pursuant to this chapter, the actswhich constitute grounds for initiating disciplinary action against a licenseeand the administrative penalties that may be imposed against a licensee are setforth in the occupational licensing chapter governing the licensee.
4. If requested by any party, the hearing or anyportion of the hearing must be transcribed. The party making the request shallpay all costs for the transcription.
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1. Except as otherwise provided in this section, inany hearing pursuant to this chapter, the hearing must proceed as follows:
(a) The president or chairman of the regulatory body,the chairman or presiding officer of the hearing panel or the hearing officershall call the hearing to order.
(b) The parties and their representatives and themembers of the regulatory body, the members of the hearing panel or the hearingofficer must be introduced.
(c) The regulatory body or hearing panel or officershall consider any preliminary motions, stipulations or orders and shalladdress any administrative details regarding the hearing.
(d) The regulatory body or hearing panel or officer:
(1) Shall ask the parties if they want anywitness excluded from the hearing;
(2) Shall instruct any witness who is excludedfrom the hearing not to discuss the case during the course of the hearing;
(3) Shall allow the licensee to remain in thehearing;
(4) Shall allow any person who acts as both arepresentative of the prosecutor and a witness in the hearing to remain in thehearing; and
(5) May, on its own motion, exclude any witnessfrom the hearing.
(e) The prosecutor may make an opening statement. Afterthe prosecutor has had the opportunity to make an opening statement, thelicensee may make an opening statement. The regulatory body or hearing panel orofficer may limit equally the time of the opening statement of each party.
(f) The prosecutor may present his case by presentingevidence and calling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The prosecutor may directly examine thewitness.
(3) The licensee may cross-examine the witness.
(4) If requested, the prosecutor may questionthe witness on redirect examination.
(5) If requested, the licensee may question thewitness on recross-examination.
(g) After the prosecutor has had the opportunity topresent his case, the licensee may present his case by presenting evidence andcalling witnesses in the following manner:
(1) The witness must be sworn in.
(2) The licensee may directly examine thewitness.
(3) The prosecutor may cross-examine thewitness.
(4) If requested, the licensee may question thewitness on redirect examination.
(5) If requested, the prosecutor may questionthe witness on recross-examination.
(h) A member of the regulatory body, a member of thehearing panel or the hearing officer may question a witness at any time duringthe hearing. If a witness is questioned by a member of the regulatory body, amember of the hearing panel or the hearing officer, the party who called thewitness may request permission to ask further questions, limited to the areaaddressed by the member or hearing officer. When that party has asked thosequestions, 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 presentedtheir cases, the regulatory body or hearing panel or officer may allow theprosecutor and licensee to call rebuttal witnesses. If the prosecutor orlicensee, or both, call one or more rebuttal witnesses, each rebuttal witnessmust 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. Afterthe prosecutor has had the opportunity to make a closing argument, the licenseemay make a closing argument. The regulatory body or hearing panel or officermay limit equally the time of the closing argument of each party. If thelicensee makes a closing argument, the prosecutor may make a final closingargument. The regulatory body or hearing panel or officer may limit the time ofthe final closing argument.
(k) If allowed by the regulatory body or hearing panelor officer, either party may recommend specific disciplinary action to theregulatory body or hearing panel or officer at the appropriate time.
(l) After the close of the hearing, the regulatory bodyor hearing panel or officer shall deliberate and reach a decision. Not laterthan 60 days after the close of the hearing:
(1) If the hearing was conducted by the hearingpanel or officer, the hearing panel or officer shall prepare written findingsand recommendations and serve the findings and recommendations on the partiesand the regulatory body for its review.
(2) If the hearing was conducted by theregulatory body, the regulatory body shall prepare a final decision in themanner provided in NRS 233B.125.
2. The regulatory body or hearing panel or officer maydeviate from the order of the hearing set forth in subsection 1 if theregulatory 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 thefairness of the hearing.
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1. After the close of the hearing, a party may fileonly the following motions:
(a) A motion requesting a rehearing.
(b) A motion requesting reconsideration of the findingsand recommendations of the hearing panel or officer or the final decision ofthe regulatory body.
(c) A motion requesting that the final decision of theregulatory body be vacated or modified.
(d) With leave of the regulatory body or hearing panelor officer, any other motion requesting appropriate action or relief after theclose of the hearing.
2. A motion requesting a rehearing or reconsiderationmust be filed with:
(a) The hearing panel or officer not later than 15 daysafter the date of service of the findings and recommendations of the hearingpanel or officer.
(b) The regulatory body not later than 15 days afterthe date of service of the final decision of the regulatory body.
3. A party who opposes the motion may file a responseto the motion not later than 7 days after the date of service of the motion.
4. The regulatory body may authorize the president orchairman of the regulatory body to rule on the motion. The hearing panel mayauthorize the chairman or presiding officer of the hearing panel to rule on themotion.
5. A motion requesting a rehearing or reconsiderationmay be based only on one of the following grounds:
(a) Newly discovered or available evidence.
(b) Error in the hearing or in the findings andrecommendations or the decision that would be grounds for reversal of thefindings and recommendations or the decision.
(c) The need in the public interest for furtherconsideration of the issues or evidence, or both.
6. The regulatory body or hearing panel or officershall enter an order ruling on the motion requesting a rehearing orreconsideration not later than 25 days after the date on which the motion isfiled. A copy of the order must be served on each party. The regulatory body orhearing panel or officer may:
(a) Deny the motion;
(b) Order a rehearing or partial rehearing;
(c) Order reconsideration of the findings andrecommendations or the decision; or
(d) Direct other proceedings as the regulatory body orhearing panel or officer deems appropriate.
7. If the regulatory body or hearing panel or officerorders a rehearing, the rehearing must be confined to the issues upon which therehearing was ordered.
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1. Except as otherwise provided in the Constitution ofthis State, a party may not seek any type of judicial intervention or review ofa contested case until after the contested case results in a final decision ofthe regulatory body.
2. Except as otherwise provided in this section, aparty may seek judicial review of a final decision of the regulatory body inaccordance with the provisions of chapter 233Bof NRS that apply to a contested case.
3. Notwithstanding the provisions of subsection 1 of
(a) The party filing the petition for judicial reviewshall provide an original or certified copy of the transcript of the hearing tothe reviewing court; and
(b) The regulatory body shall provide an original orcertified copy of the remainder of the record of the proceeding under review tothe reviewing court.
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1. If a regulatory body revokes the license of aperson in a contested case pursuant to this chapter, the regulatory body shall,in the final decision of the regulatory body ordering the revocation, prescribea period during which the person may not apply for reinstatement of thelicense. The period must not be less than 1 year and not more than 10 years.
2. In addition to any other requirements set forth inthe applicable occupational licensing chapter, if a person applies forreinstatement of a license that has been revoked in a contested case pursuantto this chapter, the person shall:
(a) Submit an application on a form supplied by theregulatory body.
(b) Satisfy all the current requirements for theissuance of an initial license.
(c) Attest that, in this State or any otherjurisdiction:
(1) The person has not, during the period ofrevocation, violated any state or federal law governing the practice of thelicensed occupation or profession or any related occupation or profession, andno criminal or civil action involving such a violation is pending against theperson; and
(2) No other regulatory body having jurisdictionover the practice of the licensed occupation or profession or any relatedoccupation or profession has, during the period of revocation, takendisciplinary action against the person, and no such disciplinary action ispending against the person.
(d) Satisfy any additional requirements forreinstatement of the license prescribed by the regulatory body.
3. The regulatory body shall consider each applicationfor reinstatement of a license submitted pursuant to this section. Indetermining whether to reinstate the license, the regulatory body shallconsider the following criteria:
(a) The severity of the act resulting in the revocationof the license.
(b) The conduct of the person after the revocation ofthe license.
(c) The amount of time elapsed since the revocation ofthe license.
(d) The veracity of the attestations made by the personpursuant to subsection 2.
(e) The degree of compliance by the person with anyadditional requirements for reinstatement of the license prescribed by theregulatory body.
(f) The degree of rehabilitation demonstrated by theperson.
4. If the regulatory body reinstates the license, theregulatory body may place any conditions, limitations or restrictions on thelicense as it deems necessary.
5. The regulatory body may deny reinstatement of thelicense if the person fails to comply with any provisions of this section.
6. The regulatory bodys denial of reinstatement ofthe license is not a contested case for the purposes of judicial review.
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