Nevada Revised Statutes
Chapter 622A - Administrative Procedure Before Certain Regulatory Bodies
NRS 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.
(Added to NRS by 2005, 747)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 622A - Administrative Procedure Before Certain Regulatory Bodies

NRS 622A.010 - Definitions.

NRS 622A.020 - "Contested case" and "case" defined.

NRS 622A.030 - "Employee" defined.

NRS 622A.040 - "License" defined.

NRS 622A.050 - "Licensee" defined.

NRS 622A.060 - "Member of a regulatory body" defined.

NRS 622A.070 - "Prosecutor" defined.

NRS 622A.080 - "Records" defined.

NRS 622A.090 - "Regulatory body" defined.

NRS 622A.120 - Exemption of certain regulatory bodies; election by regulation to follow provisions.

NRS 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...

NRS 622A.150 - Immunity from civil liability.

NRS 622A.170 - Informal dispositions; consent and settlement agreements; designation of hearing panels.

NRS 622A.200 - Prohibition of deputy attorney general prosecuting case before regulatory body and advising regulatory body on same case.

NRS 622A.210 - Prohibition of attorney representing regulatory body from prosecuting cases before the regulatory body.

NRS 622A.300 - Initiation of prosecution; filing and service of charging document; designation of adjudicator; notice of case; findings and recommendations; consolidation of cases.

NRS 622A.310 - Appearance; representation by attorney; standards of conduct; withdrawal from representation; 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 - Limitations on communications with adjudicator.

NRS 622A.350 - Effect of failure to appear.

NRS 622A.360 - Motions.

NRS 622A.370 - Burden and standard of proof; rules of procedure and evidence; grounds for disciplinary action; administrative penalties; transcription of hearing; costs.

NRS 622A.380 - Order of hearing.

NRS 622A.390 - Posthearing motions; rehearing and reconsideration; vacation and modification of final decision.

NRS 622A.400 - Judicial review.

NRS 622A.410 - Requirements in cases involving revocation of license; procedure for reinstatement of license.