Nev. Admin. Code § 284.794

Current through December 12, 2024

Section 284.794 - Evidence

1. The hearing officer shall determine the evidence upon the charges and specifications as set forth by the appointing authority in the appropriate documents, and shall not consider any additional evidence beyond the scope of the charges.

2. An employer's or employee's past performance by way of an act or a failure to act may be shown by competent evidence.

3. Reports, evaluations, and other written evidence may be considered only upon a showing that the parties were made aware of the contents of this material.

4. All testimony and exhibits offered at the hearing must be relevant and bear upon the matter in contention. Any testimony or exhibits which are considered by the hearing officer as not meeting this criterion may properly be excluded.

5. The hearing officer shall also consider the objection of either side to the introduction of evidence. Competence and relevance must be the primary test in ruling on objections.

Nev. Admin. Code § 284.794

[Personnel Div., Hearings Procedures § A subsecs. 3 & 4, eff. 11-28-65; A 6-9-74; + Rule XVI part § C, eff. 9-6-74] - (NAC A by Dep't of Personnel, 10-26-84)

NRS 284.065, 284.155, 284.376, 284.390