§ 622A.360 — Motions

Nevada § 622A.360

• Jurisdiction: Nevada
• Title 54: PROFESSIONS, OCCUPATIONS AND BUSINESSES
• Ch. 622A: Administrative

Text

1. Except as otherwise provided in this chapter or as permitted by the regulatory body or hearing panel or officer, to request a ruling from the regulatory body or hearing panel or officer on any issue of law or procedure in a case, a party must file a written motion with the regulatory body or hearing panel or officer.
2. A party may file only the following prehearing motions:
(a) A motion requesting a continuance or an extension of time.
(b) A motion requesting, for good cause, the recusal of the hearing officer, a member of the hearing panel or a member of the regulatory body from participation in the case.
(c) A motion requesting the separation of consolidated cases.
(d) A motion requesting a more definite statement regarding the allegations in the charging document on the ground that there is not enough information in the charging document to formulate a defense.
(e) A motion requesting dismissal of the charging document for failure to state facts which, if true, would form a sufficient basis for discipline.
(f) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief before the date of the hearing.
3. A prehearing motion must be filed with the regulatory body or hearing panel or officer at least 10 days before the date of the hearing. A party who opposes the motion may file a response to the prehearing motion not later than 7 days after the date of service of the motion. Upon a showing of good cause, the regulatory body or hearing panel or officer may allow a party to file such a motion or response within such other times as the regulatory body or hearing panel or officer deems appropriate.
4. The regulatory body or hearing panel or officer shall rule on any prehearing motion before or on the date of the hearing. The regulatory body may authorize the president or chair of the regulatory body to rule on any prehearing motion before the date of the hearing. The hearing panel may authorize the chair or presiding officer of the hearing panel to rule on any prehearing motion before the date of the hearing.
5. A party may file only the following motions after the commencement of the hearing:
(a) After the prosecutor has concluded the presentation of his or her case in chief, a motion requesting dismissal of the charging document for failure of the prosecutor to meet the burden of proof.
(b) With leave of the regulatory body or hearing panel or officer, any other motion requesting appropriate action or relief during the hearing.
6. A party may file only the motions set forth in NRS 622A.390 after the close of the hearing.

Legislative History

(Added to NRS by 2005, 747 )