Hearing on appeal: Procedure; evidence; record; witnesses; trial de novo in certain circumstances.
1. A reasonable opportunity for a fair hearing on appeals must be promptly afforded all parties.
2. An Appeal Tribunal shall inquire into and develop all facts bearing on the issues and shall receive and consider evidence without regard to statutory and common-law rules. In addition to the issues raised by the appealed determination, the tribunal may consider all issues affecting the claimant’s rights to benefits from the beginning of the period covered by the determination to the date of the hearing.
3. The Appeal Tribunal shall include in the record and consider as evidence all records of the Administrator that are material to the issues.
4. The Board of Review shall adopt regulations governing the manner of filing appeals and the conduct of hearings and appeals consistent with the provisions of this chapter.
5. A record of all testimony and proceedings on appeal must be kept for 6 months after the date on which a decision of an Appeal Tribunal is mailed, but testimony need not be transcribed unless further review is initiated. If further review is not initiated within that period, the record may be destroyed.
6. Witnesses subpoenaed are entitled to fees in the amounts specified in NRS 50.225 and the fees of witnesses so subpoenaed shall be deemed part of the expense of administering this chapter.
7. A member of an Appeal Tribunal shall not participate in an appeal hearing in which he has a direct or indirect interest.
8. If the records of an appeal have been destroyed pursuant to subsection 5, a person aggrieved by the decision in the appeal may petition a district court for a trial de novo. If the district court finds that good cause exists for the party’s failure to pursue the administrative remedies provided in NRS 612.510, it may grant the petitioner’s request.
Last modified: February 25, 2006