422A.280 - Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; limitation on participation of employee or representative of Department in deci - Nevada Statutes

422A.280  Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; limitation on participation of employee or representative of Department in decision.

      1.  At any hearing held pursuant to the provisions of subsection 2 of NRS 422A.275, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.

      2.  Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.

      3.  The record of a hearing must include:

      (a) All pleadings, motions and intermediate rulings.

      (b) Evidence received or considered.

      (c) Questions and offers of proof and objections, and rulings thereon.

      (d) Any decision, opinion or report by the hearing officer presiding at the hearing.

      4.  Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.

      5.  Findings of fact must be based exclusively on substantial evidence.

      6.  Any employee or other representative of the Department who investigated or made the initial decision to deny, modify or cancel a grant of public assistance or services shall not participate in the making of any decision made pursuant to the hearing.

      (Added to NRS by 2005, 22nd Special Session, 9)