Nevada § 217.113 - Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision

§ 217.113. Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision

1. If an applicant appeals a determination of the compensation officer, the hearing

officer shall hold a hearing unless the hearing officer can render a favorable decision

to the applicant without a hearing. If the hearing officer holds a hearing, the hearing officer shall: (a) Within 5 days after receiving a request for a hearing, set the hearing for a date

and time within 30 days after receipt of the request; and (b) Give notice by United States mail or by personal service to the applicant at least

15 days before the date and time scheduled for the hearing. The hearing officer shall render a decision in the case, including an order directing

payment of compensation, if compensation is due, within 15 days after the hearing

or receiving the reports necessary in rendering the decision. The hearing officer may affirm, modify or reverse the decision of the compensation

officer. The hearing officer shall mail his or her decision to the applicant and include any

information necessary for appealing the decision to the appeals officer. 2. The hearing officer may issue subpoenas to compel the attendance of witnesses and

the production of books and papers at the hearing. 3. If a witness refuses to attend or testify or produce any books and papers as required

by the subpoena, the hearing officer may report to the district court by petition,

setting forth that: (a) Due notice has been given of the time and place of attendance of the witness or

the production of the books and papers; (b) The witness has been subpoenaed by the hearing officer pursuant to this section;

and (c) The witness has failed or refused to attend or produce the books and papers required

by the subpoena before the hearing officer who is named in the subpoena, or has refused

to answer questions propounded to the witness, and asking for an order of the court compelling the witness to attend and testify

or produce the books and papers before the hearing officer. 4. Upon receiving such a petition, the court shall enter an order directing the witness

to appear before the court at a time and place to be fixed by the court in its order,

the time to be not more than 10 days from the date of the order, and then and there

show cause why the witness has not attended or testified or produced the books or

papers before the hearing officer. A certified copy of the order must be served upon the witness. 5. If it appears to the court that the subpoena was regularly issued by the hearing

officer, the court shall enter an order that the witness appear before the hearing

officer at the time and place fixed in the order and testify or produce the required

books or papers, and upon failure to obey the order the witness must be dealt with

as for contempt of court. 6. The applicant and any other person having a substantial interest in the outcome

of the hearing may appear and be heard, produce evidence and cross-examine witnesses

in person or by his or her attorney. The hearing officer also may hear other persons who may have relevant evidence to

submit. 7. Any statement, document, information or matter may be received in evidence if,

in the opinion of the hearing officer, it contributes to a determination of the claim,

whether or not the evidence would be admissible in a court of law. 8. The hearing officer shall create a record of each hearing. The record may be in the form of a sound recording. 9. The hearing officer shall render a decision in the case, including an order directing

the payment of compensation, if compensation is due, within 15 days after the hearing.