Nevada § 484A.7041 - Hearing: Request; bond or deposit required; representation by counsel; evidence and witnesses; determination; appeal

§ 484A.7041. Hearing: Request; bond or deposit required; representation by counsel; evidence and witnesses; determination; appeal

1. If, pursuant to subsection 3 of NRS 484A.704 , a person receiving a civil infraction citation requests a hearing to contest the

determination that the person has committed the civil infraction set forth in the

citation, the hearing must be conducted in accordance with this section. 2. Except as otherwise provided in this subsection, before a hearing to contest the

determination that a person has committed a civil infraction, the court shall require

the person to post a bond equal to the amount of the full payment of the monetary

penalty, the administrative assessment and any fees specified in the civil infraction

citation. In lieu of posting such a bond, the person may instead deposit cash with the court

in the amount of the bond required pursuant to this subsection. Any bond posted or cash deposited with the court pursuant to this subsection must

be forfeited upon the court's finding that the person committed the civil infraction. Any person whom the court determines is unable to pay the costs of defending the

action or is a client of a program for legal aid in accordance with NRS 12.015 must not be required to post a bond or deposit cash with the court in accordance

with this subsection. 3. The person who requested the hearing may, at his or her expense, be represented

by counsel, and a city attorney or district attorney, in his or her discretion and

as applicable, may represent the plaintiff. 4. A hearing conducted pursuant to this section must be conducted by the court without

a jury. In lieu of the personal appearance at the hearing by the peace officer who issued

the civil infraction citation, the court may consider the information contained in

the civil infraction citation and any other written statement submitted under oath

by the peace officer. If the court has established a system pursuant to NRS 484A.615 , the peace officer may, if authorized by the court, use the system to submit such

a statement. The person named in the civil infraction citation may subpoena witnesses, including,

without limitation, the peace officer who issued the citation, and has the right to

present evidence and examine witnesses present in court. 5. After consideration of the evidence and argument, the court shall determine whether

a civil infraction was committed by the person named in the civil infraction citation. The court must find by a preponderance of the evidence that the person named in

the civil infraction citation committed a civil infraction. If it has not been established by a preponderance of the evidence that the infraction

was committed by the person named in the citation, the court must enter an order dismissing

the civil infraction citation in the court's records. If it has been established by a preponderance of the evidence that the infraction

was committed, the court must enter in the court's records an order pursuant to NRS 484A.7043 . 6. An appeal from the court's determination or order may be taken in the same manner

as any other civil appeal from a municipal court or justice court, as applicable,

except that: (a) The notice of appeal must be filed not later than 7 calendar days after the court

enters in the court's records an order pursuant to NRS 484A.7043 ; (b) If the appellant is the person charged with the civil infraction, any bond required

to be given by the appellant in order to secure a stay of execution of the order of

the court during the pendency of the appeal must equal the amount of the monetary

penalty and administrative assessments which the court has ordered the appellant to

pay pursuant to NRS 484A.7043 . Any bond must be forfeited if the order of the court is affirmed on appeal; and (c) If a prosecuting attorney does not represent the plaintiff during the proceedings

in the justice court or municipal court, the appellate court shall review the record

and any arguments presented by the person charged with the civil infraction and render

a decision.