Rules of Practice

Petitions, Orders, Opinions and Rules of Practice

NAC 630.420  Petition for amendment or repeal of regulation. (NRS 630.130)  A petition requesting the adoption, filing, amendment or repeal of any regulation must be accompanied by a draft of the proposed regulation in a form suitable for filing with the Secretary of State.
  [Bd. of Medical Exam’rs, § 630.420, eff. 12-20-79]

NAC 630.430  Filing of petition; copies. (NRS 630.130)  The petition must be filed with the Board. The original and 12 copies of the petition must be filed, together with the original and 12 copies of the proposed regulation.
  [Bd. of Medical Exam’rs, § 630.430, eff. 12-20-79]—(NAC A 6-23-86; R149-97, 3-30-98)

NAC 630.440  Submission, consideration and disposition of petitions. (NRS 630.130)
1.  Any petition filed more than 30 days before the next regularly scheduled meeting of the Board will be considered by the Board at that meeting. Any petition filed 30 days or less before the next regularly scheduled meeting of the Board will be considered at the first regular meeting scheduled more than 30 days after the petition is filed.
2. The Board will, within 30 days after consideration of a petition, deny the petition in writing stating the reasons for the denial or initiate proceedings under NRS 233B.060 for adoption of the proposed regulation.
  [Bd. of Medical Exam’rs, § 630.440, eff. 12-20-79]

NAC 630.450  Declaratory orders and advisory opinions. (NRS 630.130)
1.  A petition for a declaratory order or advisory opinion may be filed only by a holder of or applicant for a license.
2.  The original and 12 copies of the petition must be filed with the Board not less than 10 days before its next regularly scheduled meeting. The petition must be submitted to the Board at that meeting. Within 30 days thereafter, the Board will issue its declaratory order or advisory opinion.
  [Bd. of Medical Exam’rs, § 630.450, eff. 12-20-79]—(NAC A 6-23-86; R149-97, 3-30-98)

NAC 630.455  Time limit for request to Board for consideration or action upon matter at meeting. (NRS 630.130) Except as otherwise provided in NAC 630.440 and 630.450, a request for the Board to consider or take action upon a matter at a meeting must be received by the Board at least 15 business days before the date of the meeting.
  (Added to NAC by Bd. of Medical Exam’rs by R007-99, eff. 9-27-99)

NAC 630.460  Hearings: Appearance; pleadings; motions; documents. (NRS 630.130)
1.  Each party shall enter his or her appearance at the beginning of a hearing or at a time designated by the presiding officer by giving the party’s name and address and stating his or her position or interest to the presiding officer. The information will be entered in the record of the hearing.
2.  Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served on that party must be served upon the attorney, and that service is valid for all purposes upon the party represented.
3.  All pleadings must be verified.
4.  A party may respond to a complaint by filing an answer within 20 working days after receiving the complaint. If a party fails to file an answer within the time prescribed, he or she shall be deemed to have denied generally the allegations of the complaint.
5.  All motions, unless they are made during a hearing, must be in writing. All written motions must set forth the nature of relief sought, the grounds therefor and the points and authorities relied upon in support of the motion. A party desiring to oppose a motion may serve and file a written response to the motion within 10 working days after service of the motion. The moving party may serve and file a written reply within 5 working days after service of the opposition to the motion. All motions made during a hearing must be based upon matters arising during the hearing. A decision on the motion will be rendered without oral argument unless oral argument is ordered by the Board, a panel of members of the Board or the hearing officer in which event the Board, panel or hearing officer will set a date and time for hearing.
6.  The original and two copies of each pleading, motion or other paper must be filed with the Board. A copy of each pleading or motion must be made available by the party filing it to any other person whom the Board determines may be affected by the proceeding and who desires the copy.
7.  Any document required to be served by a party, other than a notice of hearing, complaint, adverse decision, or order of the Board, may be served by mail, and the service shall be deemed complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.
8.  There must appear on, or be attached to, each document required to be served:
  (a) Proof of service by a certificate of an attorney or his or her employee;
  (b) Proof of personal service;
  (c) A written admission of service; or
  (d) An affidavit of mailing.
  [Bd. of Medical Exam’rs, § 630.460, eff. 12-20-79]—(NAC A 6-23-86; 1-13-94; R149-97, 3-30-98)

NAC 630.465  Hearings: Prehearing conference. (NRS 630.130, 630.275)
1.  At least 30 days before a hearing but not earlier than 30 days after the date of service upon the physician or physician assistant of a formal complaint that has been filed with the Board pursuant to NRS 630.311, unless a different time is agreed to by the parties, the presiding member of the Board or panel of members of the Board or the hearing officer shall conduct a prehearing conference with the parties and their attorneys. All documents presented at the prehearing conference are not evidence, are not part of the record and may not be filed with the Board.
2.  Each party shall provide to every other party a copy of the list of proposed witnesses and their qualifications and a summary of the testimony of each proposed witness. A witness whose name does not appear on the list of proposed witnesses may not testify at the hearing unless good cause is shown.
3.  All evidence, except rebuttal evidence, which is not provided to each party at the prehearing conference may not be introduced or admitted at the hearing unless good cause is shown.
4.  Each party shall submit to the presiding member of the Board or panel or to the hearing officer conducting the conference each issue which has been resolved by negotiation or stipulation and an estimate, to the nearest hour, of the time required for presentation of its oral argument.
  (Added to NAC by Bd. of Medical Exam’rs, eff. 1-13-94; A by R149-97, 3-30-98; R167-99, 1-19-2000; R108-01, 11-29-2001)

NAC 630.470  Hearings: Procedure. (NRS 630.130, 630.275)
1.  The President of the Board shall determine whether a hearing will be held before the Board, a hearing officer or a panel of members of the Board. Any hearing before the Board must be held before a majority of the members of the Board.
2.  If a licensee fails to appear at a scheduled hearing and no continuance has been requested and granted, the evidence may be heard and the matter may be considered and disposed of on the basis of the evidence before the Board, panel or hearing officer in the manner required by this section.
3.  The presiding member of the Board or panel, or the hearing officer will call the hearing to order and proceed to take the appearances on behalf of the Board, panel or hearing officer and the licensee, any other party and their counsel. The Board, panel or hearing officer will act upon any pending motions, stipulations and preliminary matters. The notice of hearing, complaint, petition, answer, response or written stipulation becomes a part of the record without being read unless a party requests that the document be read verbatim into the record. The Board will present its evidence first and then the licensee will submit his or her evidence. Closing statements by the parties may be allowed by the Board, panel or hearing officer.
4.  Prehearing depositions of witnesses and parties may not be taken and no formal discovery of evidence, except as otherwise provided in NAC 630.465, will be allowed.
5.  The Board, panel or hearing officer will hear the evidence presented, make appropriate rulings on the admissibility of evidence, and maintain procedure and order during the hearing. The Board, panel or hearing officer may not dismiss the complaint.
6.  The presiding member of the Board or panel or the hearing officer may, upon his or her motion or the motion of a party, order a witness, other than the licensee, to be excluded from the hearing to prevent that witness from hearing the testimony of another witness at the hearing.
7.  Briefs must be filed upon the order of the Board, panel or hearing officer. The time for filing briefs will be set by the Board, panel or hearing officer.
8.  The hearing officer or panel of members of the Board conducting a hearing shall:
  (a) Submit to the Board a synopsis of the testimony taken at the hearing; and
  (b) Make a recommendation to the Board on the veracity of witnesses if there is conflicting evidence or the credibility of witnesses is a determining factor.
9.  A case shall be deemed submitted for decision by the Board after the taking of evidence, the filing of briefs or the presentation of such oral arguments as may have been permitted, the filing of the transcript of the hearing and the filing of the synopsis of the testimony taken at the hearing. The Board will issue its order or render its decision within 90 days after the hearing or the submission of the case, whichever is later.
  (Added to NAC by Bd. of Medical Exam’rs, eff. 6-23-86; A 1-13-94; R149-97, 3-30-98; R108-01, 11-29-2001)

NAC 630.475  Subpoenas. (NRS 630.130, 630.140)
1.  A subpoena issued pursuant to NRS 630.140 must specify the name of the witness and specifically identify the books, X rays, medical records or other papers which are required to be produced.
2.  The Board or a person acting on its behalf will not issue a subpoena to compel the attendance of a member of the Board or a licensee at a hearing or require a member of the Board or a licensee to produce books, X rays, medical records or any other papers during a hearing.
3.  The Board or a person acting on its behalf will not petition the district court for an order compelling compliance with a subpoena unless:
  (a) At the time the subpoena is served, the witness is tendered:
    (1) A fee of $25 for the first day of attendance at the hearing;
     (2) An allowance for travel which is equal to the allowance for travel by private conveyance provided for state officers and employees generally; and
     (3) A per diem allowance equal to the per diem allowance provided for state officers and employees generally.
  (b) It is served upon the witness at least 120 hours before he or she is required to appear at the hearing.
  (Added to NAC by Bd. of Medical Exam’rs, eff. 1-13-94; A by R149-97, 3-30-98)