- 1. Within 60 days after the hearing of a contested matter, the hearing officer shall render a written decision on the merits. Except as otherwise provided in subsection 5 of NRS 233B.121, the written decision must contain findings of fact and conclusions of law which are separately stated, a determination of the issues presented and the penalty to be imposed, if any. If the hearing officer determines that the licensee or registrant has violated any provision of this title or any regulation adopted pursuant thereto, the written decision must set forth the determination of the hearing officer as to whether any of the mitigating circumstances required to be considered by the hearing officer pursuant to NRS 678A.600 exist and, if so, the weight given to each mitigating circumstance in determining the appropriate action to be taken pursuant to that section. The hearing officer shall thereafter make and enter a written order in conformity to the decision. Copies of the decision and order must be served on the parties personally or sent to them by certified mail. The decision is effective upon such service.
- 2. The hearing officer may, upon motion made within 15 days after service of a decision and order, order a rehearing before the hearing officer upon such terms and conditions as it may deem just and proper if a review of the decision has not been initiated pursuant to NRS 678A.595. 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 hearing officer, and that sufficient reason existed for failure to present the evidence at the hearing before the hearing officer. 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 hearing officer may modify his or her decision and order as the additional evidence may warrant.
(Added to NRS by 2019, 3787; A 2023, 2534, 2716; 2025, 2985)