Section 288.276 - Duties of hearing officer; written objection to recommended decision or order; duties of Board1. A hearing officer appointed by the Board pursuant to NRS 288.630 to conduct a hearing that the Board is otherwise required to conduct pursuant to NRS 288.625 shall: (a) Comply with any requirements for a hearing prescribed in NAC 288.273 to 288.350, inclusive;(b) Ensure that the administrative record of the hearing is complete and forward the record to the Board as soon as practicable after the close of the hearing; (c) As soon as practicable upon the close of the hearing, propose a recommended decision or order to the Board in writing, which must include, without limitation, any findings of fact or conclusions of law reached by the hearing officer; and(d) Serve a copy of the recommended decision or order upon each party.2. Either party may, within 14 days after service of the recommended decision or order pursuant to subsection 1, file a written objection to the recommendation with the Board.3. Before deliberating, each member of the Board will state on the record that he or she has read: (a) The administrative record of the hearing forwarded to the Board pursuant to paragraph (b) of subsection 1;(b) The recommended decision or order of a hearing officer proposed pursuant to paragraph (c) of subsection 1; and(c) Any objection filed pursuant to subsection 2.4. The Board will consider the administrative record, the recommended decision or order of a hearing officer and any objection before rendering a final decision.5. The Board will not substitute its judgment for that of the hearing officer as to the weight of evidence on a question of fact. The Board may substitute its judgment for that of the hearing officer as to any other matter.Nev. Admin. Code § 288.276
Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. by R056-19A, eff. 12/30/2019