§ 8.08.200. Hearing officers.  


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  • The board may appoint a hearing officer to act on behalf of the board in conducting any appeals to the board and in conducting disciplinary hearings as provided in this chapter. Reference by the board of matters for hearing by the hearing officer are in lieu of hearing by the board.

    (A)

    The hearing officer shall be appointed with regard to qualifications to conduct administrative or quasi-judicial hearings and must:

    (1)

    Be a resident of the state of Nevada;

    (2)

    (a)

    Be a graduate of an accredited law school; or

    (b)

    Be a graduate of an accredited four-year college and have at least five years' experience in public administration; and

    (3)

    Complete a four-hour course of classroom instruction in administrative law provided by the office of the district attorney.

    (B)

    The hearing officer shall not conduct or participate in any hearing or decision in which he or any of the following persons has a direct or substantial financial interest: his spouse, brother, sister, child, parent, in-laws, parents of business associates. The hearing officer shall not participate in any hearing concerning any business with which such officer is negotiating or has an arrangement or understanding concerning possible partnership or employment. Any actual or potential interest shall be disclosed prior to such hearing.

    (C)

    No member of the board, county official, or any other person shall interfere with or attempt to interfere with the officer in the performance of his duties.

    (D)

    When conducting hearings the officer shall follow Chapter 8.08 of this code concerning written notification, admission, presumptions, procedure and the technical rules of evidence shall not apply. Any evidence made relevant by the parties to the hearing may be admitted and shall be sufficient to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.

    (E)

    The hearing officer, unless employed by the county shall be entitled to compensation from the county for services rendered on any given hearing at the rate of seventy dollars per hour with a maximum chargeable time of ten hours per hearing. In the event that a hearing officer serves more than ten hours on any given hearing, he may submit to the board a written statement requesting additional compensation and setting forth reasons therefor. The board may authorize such additional compensation at the rate of seventy dollars per hour if it is satisfied that the additional hours of service were justified and necessary.

    (F)

    The hearing officer shall determine the time and place of the hearing and shall give the sheriff or director of business license and applicant/licensee or its attorney, not less than ten days' notice thereof. Continuances may be granted upon compliance with the grounds and procedure provided in Eighth Judicial District Court Rule 7.30. The hearing may be bifurcated at the option of the hearing officer.

    (Ord. 3555 § 3, 2007: Reg. G-141-01 § 1, 2001: Reg. G-84-86 § 1, 1986: Reg. G-82-86 § 2, 1986: Reg. G-79-85 § 1, 1985)

(Ord. No. L-258-18, § 17, 9-4-2018)