Nev. Admin. Code § 706.3959

Current through October 11, 2024
Section 706.3959 - Pleadings: Motions
1. Any request for an order by the Authority, except for an order to allow intervention or an order to show cause, concerning any matter that has been assigned a docket number but has not been finally decided by the Authority must be styled a "motion."
2. A motion must be in writing unless made during a hearing. If a motion is made during a hearing, the motion may be written or oral. Oral motions must be timely made.
3. The presiding officer may order the parties to file one or more affidavits in support or contravention of a motion which has been made.
4. A motion must include, without limitation, citations of any authorities upon which the motion relies.
5. A written motion must be filed with the Authority and served upon all parties of record.
6. The presiding officer may direct that any motion made at a proceeding be reduced to writing, and filed and served in accordance with this section.
7. A motion that involves the final determination of a proceeding, including, without limitation, a motion to dismiss, will be considered by the Authority at the time of the final decision and order, unless the presiding officer or the Authority determines that an expedited ruling would be in the public interest.
8. The presiding officer may rule on any motion made at a hearing which does not constitute a final determination of the proceeding.
9. A written motion other than one made during a proceeding must be served not later than 10 days before the date set for the hearing unless a different time is specified by the presiding officer.
10. Motions filed by different parties of record but involving the same point of law may be set for hearing at the same time.
11. For the purpose of this section, "party of record" includes, without limitation, all persons who have filed petitions for leave to intervene which are pending at the time a motion is to be filed or served.

Nev. Admin. Code § 706.3959

Added to NAC by Transportation Serv. Auth. by R071-98, eff. 10-28-98

NRS 233B.050, 706.171