NRS463.3145. Written decision and order of Commission; rehearing.

      1.  After the hearing of a contested matter, the Commission shall render a written decision on the merits which must contain findings of fact, a determination of the issues presented and the penalty to be imposed, if any. The Commission shall thereafter make and enter its written order in conformity to its decision. No member of the Commission who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole Commission are required to impose any penalty. Copies of the decision and order must be served on the parties personally or sent to them by registered or certified mail. The decision is effective upon such service, unless the Commission orders otherwise.

      2.  The Commission may, upon motion made within 10 days after service of a decision and order, order a rehearing before the Commission upon such terms and conditions as it may deem just and proper if a petition for judicial review of the decision and order has not been filed. The motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the Commission, and that sufficient reason existed for failure to present the evidence at the hearing of the Commission. The motion must be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the Commission may modify its decision and order as the additional evidence may warrant.

      (Added to NRS by 1983, 1571)