In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and must be noted in the record. Subject to the requirements of this subsection, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of authenticated copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.
3. Every witness shall declare, by oath or affirmation, that he or she will testify truthfully.
4. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination, impeach any witness, regardless of which party first called the witness to testify, and rebut the evidence against him or her.
5. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the agency. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they must be afforded an opportunity to contest the material so noticed. The experience, technical competence and specialized knowledge of the agency may be utilized in the evaluation of the evidence.
(Added to NRS by 1967, 808; A 1977, 57; 1997, 1603; 2015, 707)
Structure Nevada Revised Statutes
Chapter 233B - Nevada Administrative Procedure Act
NRS 233B.020 - Legislative intent.
NRS 233B.031 - "Agency" defined.
NRS 233B.032 - "Contested case" defined.
NRS 233B.033 - "Emergency regulation" defined.
NRS 233B.034 - "License" and "licensing" defined.
NRS 233B.035 - "Party" defined.
NRS 233B.036 - "Permanent regulation" defined.
NRS 233B.037 - "Person" defined.
NRS 233B.0375 - "Preponderance of the evidence" defined.
NRS 233B.038 - "Regulation" defined.
NRS 233B.0382 - "Small business" defined.
NRS 233B.0385 - "Temporary regulation" defined.
NRS 233B.0395 - Ratification of Nevada Administrative Code.
NRS 233B.045 - Treatment of regulations adopted by certain entities other than agencies.
NRS 233B.0607 - Proposed permanent or temporary regulation: Filing; availability; contents.
NRS 233B.0613 - Emergency regulations.
NRS 233B.0617 - Limitation on objections to regulation.
NRS 233B.065 - Production and distribution of Nevada Administrative Code.
NRS 233B.0656 - Register of Administrative Regulations: Access via Internet.
NRS 233B.0681 - Early review of permanent regulation by Legislative Commission; waiver of review.
NRS 233B.090 - Rebuttable presumption of regularity of adoption and filing of regulation.
NRS 233B.110 - Declaratory judgment to determine validity or applicability of regulation.
NRS 233B.120 - Petitions for declaratory orders and advisory opinions; disposition.
NRS 233B.1233 - Administration of oath or affirmation to witness.
NRS 233B.135 - Judicial review: Manner of conducting; burden of proof; standard for review.
NRS 233B.150 - Appeal from final judgment of district court.