NRS422.277. Hearing: Rights of parties; informal disposition; record; transcribing of oral proceedings; findings of fact; certain employees or representatives of Division prohibited from participating in decision.

      1.  At any hearing held pursuant to the provisions of subsection 2 of NRS 422.276, opportunity must be afforded all parties to respond and present evidence and argument on all issues involved.

      2.  Unless precluded by law, informal disposition may be made of any hearing by stipulation, agreed settlement, consent order or default.

      3.  The record of a hearing must include:

      (a) All pleadings, motions and intermediate rulings.

      (b) Evidence received or considered.

      (c) Questions and offers of proof and objections, and rulings thereon.

      (d) Any decision, opinion or report by the hearing officer presiding at the hearing.

      4.  Oral proceedings, or any part thereof, must be transcribed on request of any party seeking judicial review of the decision.

      5.  Findings of fact must be based exclusively on substantial evidence.

      6.  Any employee or other representative of the Division who investigated or made the initial decision to deny, modify or cancel benefits provided pursuant to Medicaid or the Children’s Health Insurance Program shall not participate in the making of any decision made pursuant to the hearing.

      (Added to NRS by 1985, 855; A 1993, 2064; 1999, 2229; 2001, 158; 2013, 1305)