Nev. Admin. Code § 288.271

Current through November 8, 2024
Section 288.271 - Establishment; assignment of members of Board to panel; presiding officer
1. The Commissioner may establish one or more panels as the Commissioner deems necessary. Each panel must be designated "Panel A," "Panel B" and so forth according to the number of panels established.
2. To the extent consistent with the provisions of subsection 3 of NRS 288.090, if two or more panels are established:
(a) The Commissioner shall assign each member of the Board to a panel or panels.
(b) Each member of the Board must be assigned to the same number of panels as every other member of the Board.
(c) If the absence of one or more members of a panel would otherwise require the postponement of a hearing, the Commissioner may randomly assign another member or members of the Board to the panel for the purposes of the hearing and disposition of the matter. If the Commissioner randomly assigns another member or members of the Board to the panel pursuant to this paragraph:
(1) The agenda for the meeting of the panel must indicate that the Commissioner has taken such action;
(2) Except as otherwise provided in subparagraph (3), the member or members randomly assigned to the panel shall continue to participate in the panel for purposes of the hearing and disposition of the matter, including, without limitation, when the matter is deliberated or disposed of at a future meeting of the panel; and
(3) If a new member is appointed to the Board and assigned to a panel and the hearing has not yet taken place, the new member will, upon agreement between the new member and the member randomly assigned to the panel, replace the member randomly assigned to the panel for purposes of the hearing and disposition of the matter.
3. Except as otherwise provided in subsection 4:
(a) If the Chair of the Board is a member of a panel, he or she shall serve as the presiding officer of the panel.
(b) If the Chair of the Board is not a member of a panel, the Vice Chair of the Board shall serve as the presiding officer of the panel.
(c) If the Chair or the Vice Chair of the Board is not a member of a panel, the most senior member of the Board assigned to the panel shall serve as the presiding officer of the panel. For the purposes of this paragraph:
(1) The seniority of a member must be determined on the basis of the date of the appointment of the member to the Board.
(2) If two or more members were appointed on the same date, they shall draw lots to determine which of them will serve as the presiding officer of the panel.
4. Notwithstanding the provisions of subsection 3, with the consent of the presiding officer of the panel and the member so designated, the Commissioner may designate any member of a panel as the acting presiding officer for a meeting of the panel.

Nev. Admin. Code § 288.271

Added to NAC by Local Gov't Employee-Mgt. Rel. Bd. R074-17AP, eff. 2/27/2018; A by R056-19A, eff. 12/18/2019; A by R039-23A, eff. 9/16/2024

NRS 233B.040, 288.110