Nev. Rev. Stat. § 622A.010 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 622A.020 to 622A.090, inclusive, have the meanings ascribed to them in those sections.
ADMINISTRATIVE PROCEDURE BEFORE CERTAIN REGULATORY BODIES
Nev. Rev. Stat. 622A
in effectNev. Rev. Stat. § 622A.020 Contested case and case defined.
1. Contested case and case have the meaning ascribed to contested case in NRS 233B.032 .
2. A final decision of a regulatory body approving or denying an application for issuance or renewal of a license is not a contested case for the purposes of this chapter.
Nev. Rev. Stat. § 622A.030 Employee defined.
Employee includes, without limitation, a person who has a contract to provide services as an independent contractor.
Nev. Rev. Stat. § 622A.040 License defined.
License means any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.
Nev. Rev. Stat. § 622A.050 Licensee defined.
Licensee means a person who holds any license, certificate, registration, permit or similar type of authorization issued by a regulatory body.
Nev. Rev. Stat. § 622A.060 Member of a regulatory body defined.
Member of a regulatory body means a person who is serving as a member or officer of a regulatory body.
Nev. Rev. Stat. § 622A.070 Prosecutor defined.
Prosecutor means any of the following:
1. The Attorney General or a deputy attorney general who prosecutes a contested case pursuant to this chapter;
2. If the Attorney General and the deputies of the Attorney General are disqualified to act in such a matter, an attorney appointed by the Attorney General to prosecute a contested case pursuant to this chapter; or
3. If the regulatory body is authorized to employ or retain attorneys other than the Attorney General and the deputies of the Attorney General, an attorney employed or retained by the regulatory body to prosecute a contested case pursuant to this chapter.
Nev. Rev. Stat. § 622A.080 Records defined.
Records means any records, files, books, documents, papers, information or data in any form.
Nev. Rev. Stat. § 622A.090 Regulatory body defined.
1. Regulatory body means:
(a) Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title; and
(b) Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title.
2. The term does not include any regulatory body which is exempted from the provisions of this chapter pursuant to NRS 622A.120 , unless the regulatory body makes an election pursuant to that section to follow the provisions of this chapter.
Nev. Rev. Stat. § 622A.120 Exemption of certain regulatory bodies; election by regulation to follow provisions.
1. The following regulatory bodies are exempted from the provisions of this chapter:
(a) State Contractors Board.
(b) Real Estate Commission, Real Estate Administrator and Real Estate Division of the Department of Business and Industry.
(c) Commission of Appraisers of Real Estate.
(d) Commissioner of Mortgage Lending and Division of Mortgage Lending of the Department of Business and Industry.
(e) Commissioner of Financial Institutions and Division of Financial Institutions of the Department of Business and Industry.
(f) State Board of Health, Division of Public and Behavioral Health of the Department of Human Services and Health Care Purchasing and Compliance Division of the Nevada Health Authority.
2. Any regulatory body which is exempted from the provisions of this chapter pursuant to subsection 1 may elect by regulation to follow the provisions of this chapter or any portion thereof.
Nev. Rev. Stat. § 622A.130 Uniformity of interpretation; chapter supplements other statutory provisions; resolution of conflicts; chapter does not prohibit procedures for prosecution of contested cases that are stricter or provide greater due process protections for licensees.
1. The provisions of this chapter must be interpreted so as to effectuate their general purpose to make uniform among the regulatory bodies that are subject to the provisions of this chapter the procedures used to prosecute contested cases and take administrative action against a person who violates any law or regulation governing occupational licensing.
2. To the extent possible, the provisions of this chapter are intended to supplement other statutory provisions governing administrative procedure, occupational licensing and regulatory bodies, and such other provisions must be given effect to the extent that those provisions do not conflict with the provisions of this chapter. If there is a conflict between such other provisions and the provisions of this chapter, the provisions of this chapter control.
3. The provisions of this chapter do not prohibit a regulatory body from adopting procedures used to prosecute contested cases that:
(a) Impose stricter requirements on the regulatory body relating to such prosecution; or
(b) Provide greater due process protections for licensees,
Ê so long as such procedures do not hinder the duty of the regulatory body to protect the public.
Nev. Rev. Stat. § 622A.150 Immunity from civil liability.
1. A person who provides a governmental entity, officer or employee with any information relating to a contested case is immune from any civil liability for providing that information if the person acted in good faith and without malicious intent.
2. A governmental entity, officer or employee is immune from any civil liability for:
(a) Any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter or any law or regulation governing occupational licensing; or
(b) Communicating or cooperating with or providing any documents or other information to any other governmental entity, officer or employee conducting an investigation, disciplinary proceeding or civil or criminal prosecution.
Nev. Rev. Stat. § 622A.170 Informal dispositions; consent and settlement agreements; designation of hearing panels.
1. The provisions of this chapter do not affect or limit the authority of a regulatory body, at any stage of a contested case, to make an informal disposition of the contested case pursuant to subsection 5 of NRS 233B.121 or to enter into a consent or settlement agreement approved by the regulatory body pursuant to NRS 622.330 .
2. The provisions of this chapter do not affect or limit the authority of a regulatory body to designate a panel of its members to hear a contested case pursuant to this chapter.
Nev. Rev. Stat. § 622A.200 Prohibition of deputy attorney general prosecuting case before regulatory body and advising regulatory body on same case.
If a deputy attorney general prosecutes a contested case for a regulatory body, he or she may not also act as legal counsel for the regulatory body when the regulatory body considers or makes decisions concerning the contested case.
Nev. Rev. Stat. § 622A.210 Prohibition of attorney representing regulatory body from prosecuting cases before the regulatory body.
If a regulatory body employs or retains an attorney to serve as legal counsel for and advise the regulatory body on any and all matters, and the attorney prosecutes a contested case for the regulatory body, the attorney may not also act as legal counsel for the regulatory body when the regulatory body considers or makes a decision regarding the contested case.
Nev. Rev. Stat. § 622A.300 Initiation of prosecution; filing and service of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.
1. To initiate the prosecution of a contested case, the prosecutor shall file a charging document with the regulatory body and serve the licensee with the charging document.
2. The regulatory body shall determine whether the case will be heard by the regulatory body or a hearing panel or officer.
3. The regulatory body or hearing panel or officer shall provide the licensee with written notice of the case pursuant to NRS 233B.121 and 241.0333 .
4. If the case is heard by a hearing panel or officer, the hearing panel or officer shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case. 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.
5. The findings and recommendations of the hearing panel or officer do not become final unless they are approved by the regulatory body after review. In reviewing the findings and recommendations of the hearing panel or officer, the regulatory body may:
(a) Approve the findings and recommendations, with or without modification;
(b) Reject the findings and recommendations and remand the case to the hearing panel or officer;
(c) Reject the findings and recommendations and order a hearing de novo before the regulatory body; or
(d) Take any other action that the regulatory body deems appropriate to resolve the case.
6. If the case is heard by the regulatory body, the regulatory body shall follow the procedures established by this chapter and any other applicable statutory and regulatory provisions governing the case.
7. The regulatory body or the hearing panel or officer, with the approval of the regulatory body, may consolidate two or more cases if it appears that the cases involve common issues of law or fact and the interests of the parties will not be prejudiced by the consolidation.
Nev. Rev. Stat. § 622A.310 Appearance; representation by attorney; standards of conduct; withdrawal from representation; sanctions; costs of defense.
1. In any contested case against a licensee pursuant to this chapter, the licensee may appear on his or her own behalf or the licensee may be represented by:
(a) An attorney licensed to practice law in this State; or
(b) An attorney licensed to practice law in another state who is properly associated with an attorney licensed to practice law in this State and who provides a certificate of good standing from the licensing authority of the other state.
2. An attorney representing a licensee shall:
(a) Ensure that his or her conduct complies with the Nevada Rules of Professional Conduct; and
(b) Conform to all standards of ethical and courteous behavior required in the courts of this State.
3. An attorney may withdraw from representing a licensee upon notice to the licensee and the regulatory body or hearing panel or officer. The notice must include the reason for the requested withdrawal. The regulatory body or hearing panel or officer may deny the request if there may be an unreasonable delay in the case or the substantial rights of the licensee may be prejudiced.
4. If the regulatory body or hearing panel or officer finds that an attorney has violated any provision of this section, the regulatory body or hearing panel or officer may bar the attorney from participating in the case or may impose such other sanctions as the regulatory body or hearing panel or officer deems appropriate.
5. A licensee is responsible for all costs related to the presentation of his or her defense.
Nev. Rev. Stat. § 622A.320 Answer; amendment of charging document; continuance; inclusion of pleadings in record.
1. After being served with the charging document, the licensee 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 of service of the charging document.
2. The prosecutor may amend the charging document at any time before the hearing. If the prosecutor amends the charging document before the hearing, the prosecutor shall:
(a) File the amended charging document with the regulatory body or hearing panel or officer; and
(b) Serve the licensee with the amended charging document.
3. After being served with an amended charging document, 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 of service of the amended charging document or not later than the date of the hearing, whichever date is sooner.
(b) Move for a continuance of the hearing. The regulatory body or hearing panel or officer shall grant the continuance if the licensee demonstrates that:
(1) The amendment materially alters the allegations in the charging document; and
(2) The licensee does not have a reasonable opportunity to prepare a defense against the amended charging document before the date of the hearing.
4. The prosecutor may amend the charging document at the time of the hearing if the amendment is not considered material and the substantial rights of the licensee would not be prejudiced by the amendment.
5. The charging document, any amended charging document and any answer filed by the licensee must be made part of the record at the hearing.
Nev. Rev. Stat. § 622A.330 Discovery; limitations on interrogatories and depositions.
1. At any time after being served with the charging document, the licensee may file with the regulatory body or hearing panel or officer a written discovery request for a copy of all documents and other evidence intended to be presented by the prosecutor in support of the case and a list of proposed witnesses.
2. The investigative file for the case is not discoverable unless the prosecutor intends to present materials from the investigative file as evidence in support of the case. The investigative file for the case includes all communications, records, affidavits or reports acquired or created as part of the investigation of the case, whether or not acquired through a subpoena related to the investigation of the licensee.
3. A party may not serve any interrogatories on another party or take any depositions relating to the case, unless permitted by the regulations of the regulatory body.
Nev. Rev. Stat. § 622A.340 Limitations on communications with adjudicator.
A party shall not communicate either directly or indirectly with any member of the regulatory body, any member of the hearing panel or the hearing officer about any issue of fact or law related to the case unless the communication:
1. Is part of a pleading, motion or other document that is properly filed and served on all parties; or
2. Occurs while all parties are present or occurs during a meeting or hearing for which all parties have been given proper notice, whether or not all parties are present at that meeting or hearing.
Nev. Rev. Stat. § 622A.350 Effect of failure to appear.
1. If a party fails to appear at a scheduled hearing and a continuance has not been scheduled or granted, any party who is present at the hearing may make an offer of proof that the absent party was given sufficient legal notice. Upon a determination by the regulatory body or hearing panel or officer that the absent party was given sufficient legal notice, the regulatory body or hearing panel or officer may proceed to consider and dispose of the case without the participation of the absent party.
2. If the licensee fails to appear at a hearing, the regulatory body or hearing panel or officer may accept the allegations against the licensee in the charging document as true.
Nev. Rev. Stat. § 622A.360 Motions.
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.
Nev. Rev. Stat. § 622A.370 Burden and standard of proof; rules of procedure and evidence; grounds for disciplinary action; administrative penalties; transcription of hearing; costs.
1. The prosecutor has the burden of proof in any hearing pursuant to this chapter. The standard of proof in such a hearing is a preponderance of the evidence.
2. Except as otherwise provided in this chapter, the regulatory body or hearing panel or officer is not bound by strict rules of procedure or rules of evidence when conducting the hearing, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123 .
3. In any hearing pursuant to this chapter, the acts which constitute grounds for initiating disciplinary action against a licensee and the administrative penalties that may be imposed against a licensee are set forth in the occupational licensing chapter governing the licensee.
4. If requested by any party, the hearing or any portion of the hearing must be transcribed. The party making the request shall pay all costs for the transcription.
5. As used in this section, preponderance of the evidence has the meaning ascribed to it in NRS 233B.0375 .
Nev. Rev. Stat. § 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.
Nev. Rev. Stat. § 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.
Nev. Rev. Stat. § 622A.400 Judicial review.
1. Except as otherwise provided in the Constitution of this State, a party may not seek any type of judicial intervention or review of a contested case until after the contested case results in a final decision of the regulatory body.
2. Except as otherwise provided in this section, a party may seek judicial review of a final decision of the regulatory body in accordance with the provisions of chapter 233B of NRS that apply to a contested case.
3. Notwithstanding the provisions of subsection 1 of NRS 233B.131 regarding transmittal of the record of the proceeding under judicial review:
(a) The party filing the petition for judicial review shall provide an original or certified copy of the transcript of the hearing to the reviewing court; and
(b) The regulatory body shall provide an original or certified copy of the remainder of the record of the proceeding under review to the reviewing court.
Nev. Rev. Stat. § 622A.410 Requirements in cases involving revocation of license; procedure for reinstatement of license.
1. If a regulatory body revokes the license of a person in a contested case pursuant to this chapter, the regulatory body shall, in the final decision of the regulatory body ordering the revocation, prescribe a period during which the person may not apply for reinstatement of the license. The period must not be less than 1 year and not more than 10 years.
2. In addition to any other requirements set forth in the applicable occupational licensing chapter, if a person applies for reinstatement of a license that has been revoked in a contested case pursuant to this chapter, the person shall:
(a) Submit an application on a form supplied by the regulatory body.
(b) Satisfy all the current requirements for the issuance of an initial license.
(c) Attest that, in this State or any other jurisdiction:
(1) The person has not, during the period of revocation, violated any state or federal law governing the practice of the licensed occupation or profession or any related occupation or profession, and no criminal or civil action involving such a violation is pending against the person; and
(2) No other regulatory body having jurisdiction over the practice of the licensed occupation or profession or any related occupation or profession has, during the period of revocation, taken disciplinary action against the person, and no such disciplinary action is pending against the person.
(d) Satisfy any additional requirements for reinstatement of the license prescribed by the regulatory body.
3. The regulatory body shall consider each application for reinstatement of a license submitted pursuant to this section. In determining whether to reinstate the license, the regulatory body shall consider the following criteria:
(a) The severity of the act resulting in the revocation of the license.
(b) The conduct of the person after the revocation of the license.
(c) The amount of time elapsed since the revocation of the license.
(d) The veracity of the attestations made by the person pursuant to subsection 2.
(e) The degree of compliance by the person with any additional requirements for reinstatement of the license prescribed by the regulatory body.
(f) The degree of rehabilitation demonstrated by the person.
4. If the regulatory body reinstates the license, the regulatory body may place any conditions, limitations or restrictions on the license as it deems necessary.
5. The regulatory body may deny reinstatement of the license if the person fails to comply with any provisions of this section.
6. The regulatory bodys denial of reinstatement of the license is not a contested case for the purposes of judicial review.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-622A.htmlFetched: 10/4/2026