Nev. Rev. Stat. § 616D.050
Power of hearing officers, appeals officers and Administrator when conducting hearings or other proceedings; authority of appeals officer to grant discovery to a party
Effective Oct 1, 2025(Added to NRS by 1975, 761; A 1977, 313; 1979, 1044; 1981, 1139, 1461; 1983, 355; 1991, 832, 2402; 1993, 708; 1999, 227, 1728, 1737; 2025, 3317)
1. Appeals officers, the Administrator, and the Administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:
- (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.
- (b) Administer oaths.
- (c) Certify to official acts.
- (d) Call and examine under oath any witness or party to a claim.
- (e) Maintain order.
- (f) Rule upon all questions arising during the course of a hearing or proceeding.
- (g) Except as otherwise provided in subsections 3 and 4, permit discovery by deposition or interrogatories.
- (h) Initiate and hold conferences for the settlement or simplification of issues.
- (i) Dispose of procedural requests or similar matters.
- (j) Generally regulate and guide the course of a pending hearing or proceeding.
2. Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:
- (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.
- (b) Maintain order.
- (c) Initiate and hold conferences for the settlement or simplification of issues.
- (d) Dispose of procedural requests or similar matters.
- (e) Generally regulate and guide the course of a pending hearing or proceeding.
3. Appeals officers, upon motion and for good cause shown, in conducting hearings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may grant discovery to any party by any methods available under the Nevada Rules of Civil Procedure, except an appeals officer shall not grant discovery in the form of requests for admission under Rule 36. An appeals officer shall not deny an injured employee’s reasonable request to conduct discovery. The scope of discovery must be:
- (a) Expressly limited to that which is necessary to the adjudication of the claim for compensation; and
- (b) Otherwise governed by the standards for relevance and proportionality set forth in Rule 26(b) of the Nevada Rules of Civil Procedure.
- 4. A party seeking to conduct discovery pursuant to subsection 3 shall not serve a request for discovery on another party without the approval of the appeals officer. The party seeking discovery must file a motion for approval which includes, without limitation, a copy of the discovery request to be served, an identification of any witnesses sought to be deposed and a summary of the anticipated testimony of each such witness. Any party opposed to the motion to approve discovery may file an opposition within 5 days after the date of service of the motion. The moving party is not entitled to reply to any opposition.
(Added to NRS by 1975, 761; A 1977, 313; 1979, 1044; 1981, 1139, 1461; 1983, 355; 1991, 832, 2402; 1993, 708; 1999, 227, 1728, 1737; 2025, 3317)