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an assistant, the Board may provide to the physician assistant a copy of the complaint and the name of the person who filed the complaint.
[Bd. of Medical Exam’rs, § 630.410, eff. 12?20?79]—(NAC A 6?23?86; 1?13?94; R149?97, 3?30?98; R108?01, 11?29?2001)
NAC 630.415 Advisory committee. (NRS 630.130, 630.275)
1. The Board will appoint three licensed physician assistants to an advisory committee. These physician assistants must have lived in and actively and continuously practiced in this State as licensed physician assistants for at least 3 years before their appointment.
2. The Board will give appointees to the advisory committee written notice of their appointment and terms of office and a written summary of any projects pending before the committee.
3. At the request of the Board, the advisory committee shall review and make recommendations to the Board concerning any matters relating to licensed physician assistants.
(Added to NAC by Bd. of Medical Exam’rs, eff. 6?23?86; A 11?21?88; R149?97, 3?30?98; R108?01, 11?29?2001)
PETITIONS, ORDERS, OPINIONS AND RULES OF PRACTICE
NAC 630.420 Petition for amendment or repeal of regulation. (NRS 630.130) A petition requesting the adoption, filing, amendment or repeal of any regulation must be accompanied by a draft of the proposed regulation in a form suitable for filing with the Secretary of State.
[Bd. of Medical Exam’rs, § 630.420, eff. 12?20?79]
NAC 630.430 Filing of petition; copies. (NRS 630.130) The petition must be filed with the Board. The original and 12 copies of the petition must be filed, together with the original and 12 copies of the proposed regulation.
[Bd. of Medical Exam’rs, § 630.430, eff. 12?20?79]—(NAC A 6?23?86; R149?97, 3?30?98)
NAC 630.440 Submission, consideration and disposition of petitions. (NRS 630.130)
1. Any petition filed more than 30 days before the next regularly scheduled meeting of the Board will be considered by the Board at that meeting. Any petition filed 30 days or less before the next regularly scheduled meeting of the Board will be considered at the first regular meeting scheduled more than 30 days after the petition is filed.
2. The Board will, within 30 days after consideration of a petition, deny the petition in writing stating the reasons for the denial or initiate proceedings under NRS 233B.060 for adoption of the proposed regulation.
[Bd. of Medical Exam’rs, § 630.440, eff. 12?20?79]
NAC 630.450 Declaratory orders and advisory opinions. (NRS 630.130)
1. A petition for a declaratory order or advisory opinion may be filed only by a holder of or applicant for a license.
2. The original and 12 copies of the petition must be filed with the Board not less than 10 days before its next regularly scheduled meeting. The petition must be submitted to the Board at that meeting. Within 30 days thereafter, the Board will issue its declaratory order or advisory opinion.
[Bd. of Medical Exam’rs, § 630.450, eff. 12?20?79]—(NAC A 6?23?86; R149?97, 3?30?98)
NAC 630.455 Time limit for request to Board for consideration or action upon matter at meeting. (NRS 630.130) Except as otherwise provided in NAC 630.440 and 630.450, a request for the Board to consider or take action upon a matter at a meeting must be received by the Board at least 15 business days before the date of the meeting.
(Added to NAC by Bd. of Medical Exam’rs by R007?99, eff. 9?27?99)
NAC 630.460 Hearings: Appearance; pleadings; motions; documents. (NRS 630.130)
1. Each party shall enter his appearance at the beginning of a hearing or at a time designated by the presiding officer by giving his name and address and stating his position or interest to the presiding officer. The information will be entered in the record of the hearing.
2. Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders to be served on that party must be served upon the attorney, and that service is valid for all purposes upon the party represented.
3. All pleadings must be verified.
4. A party may respond to a complaint by filing an answer within 20 working days after receiving the complaint. If a party fails to file an answer within the time prescribed, he shall be deemed to have denied generally the allegations of the complaint.
5. All motions, unless they are made during a hearing, must be in writing. All written motions must set forth the nature of relief sought, the grounds therefor and the points and authorities relied upon in support of the motion. A party desiring to oppose a motion may serve and file a written response to the motion within 10 working days after service of the motion. The moving party may serve and file a written reply within 5 working days after service of the opposition to the motion. All motions made during a hearing must be based upon matters arising during the hearing. A decision on the motion will be rendered without oral argument unless oral argument is ordered by the Board, a panel of members of the Board or the hearing officer in which event the Board, panel or hearing officer will set a date and time for hearing.
6. The original and two copies of each pleading, motion or other paper must be filed with the Board. A copy of each pleading or motion must be made available by the party filing it to any other person whom the Board determines may be affected by the proceeding and who desires the copy.
7. Any document required to be served by a party, other than a notice of hearing, complaint, adverse decision, or order of the Board, may be served by mail, and the service shall be deemed complete when a true copy of the document, properly addressed and stamped, is deposited in the United States mail.
8. There must appear on, or be attached to, each document required to be served:
(a) Proof of service by a certificate of an attorney or his employee;
(b) Proof of personal service;
(c) A written admission of service; or
(d) An affidavit of mailing.
[Bd. of Medical Exam’rs, § 630.460, eff. 12?20?79]—(NAC A 6?23?86; 1?13?94; R149?97, 3?30?98)
NAC 630.465 Hearings: Prehearing conference. (NRS 630.130, 630.275)
1. At least 30 days before a hearing but not earlier than 30 days after the date of service upon the physician or physician assistant of a formal complaint that has been filed with the Board pursuant to NRS 630.311, unless a different time is agreed to by the parties, the presiding member of the Board or panel of members of the Board or the hearing officer shall conduct a prehearing conference with the parties and their attorneys. All documents presented at the prehearing conference are not evidence, are not part of the record and may not be filed with the Board.
2. Each party shall provide to every other party a copy of the list of proposed witnesses and their qualifications and a summary of the testimony of each proposed witness. A witness whose name does not appear on the list of proposed witnesses may not testify at the hearing unless good cause is shown.
3. All evidence, except rebuttal evidence, which is not provided to each party at the prehearing conference may not be introduced or admitted at the hearing unless good cause is shown.
4. Each party shall submit to the presiding member of the Board or panel or to the hearing officer conducting the conference each issue which has been resolved by negotiation or stipulation and an estimate, to the nearest hour, of the time required for presentation of its oral argument.
(Added to NAC by Bd. of Medical Exam’rs, eff. 1?13?94; A by R149?97, 3?30?98; R167?99, 1?19?2000; R108?01, 11?29?2001)
NAC 630.470 Hearings: Procedure. (NRS 630.130, 630.275)
1. The President of the Board shall determine whether a hearing will be held before the Board, a hearing officer or a panel of members of the Board. Any hearing before the Board must be held before a
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