NRS 217.113
Hearing before hearing officer: Procedure

  • subpoenas
  • evidence
  • records
  • decision.

1.

If an applicant appeals a determination of the compensation officer, the hearing officer shall hold a hearing unless the hearing officer can render a favorable decision to the applicant without a hearing. If the hearing officer holds a hearing, the hearing officer shall:

(a)

Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after receipt of the request; and

(b)

Give notice by United States mail or by personal service to the applicant at least 15 days before the date and time scheduled for the hearing.
Ê The hearing officer shall render a decision in the case, including an order directing payment of compensation, if compensation is due, within 15 days after the hearing or receiving the reports necessary in rendering the decision. The hearing officer may affirm, modify or reverse the decision of the compensation officer. The hearing officer shall mail his or her decision to the applicant and include any information necessary for appealing the decision to the appeals officer.

2.

The hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books and papers at the hearing.

3.

If a witness refuses to attend or testify or produce any books and papers as required by the subpoena, the hearing officer may report to the district court by petition, setting forth that:

(a)

Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;

(b)

The witness has been subpoenaed by the hearing officer pursuant to this section; and

(c)

The witness has failed or refused to attend or produce the books and papers required by the subpoena before the hearing officer who is named in the subpoena, or has refused to answer questions propounded to the witness,
Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the hearing officer.

4.

Upon receiving such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended or testified or produced the books or papers before the hearing officer. A certified copy of the order must be served upon the witness.

5.

If it appears to the court that the subpoena was regularly issued by the hearing officer, the court shall enter an order that the witness appear before the hearing officer at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.

6.

The applicant and any other person having a substantial interest in the outcome of the hearing may appear and be heard, produce evidence and cross-examine witnesses in person or by his or her attorney. The hearing officer also may hear other persons who may have relevant evidence to submit.

7.

Any statement, document, information or matter may be received in evidence if, in the opinion of the hearing officer, it contributes to a determination of the claim, whether or not the evidence would be admissible in a court of law.

8.

The hearing officer shall create a record of each hearing. The record may be in the form of a sound recording.

9.

The hearing officer shall render a decision in the case, including an order directing the payment of compensation, if compensation is due, within 15 days after the hearing.

Source: Section 217.113 — Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision., https://www.­leg.­state.­nv.­us/NRS/NRS-217.­html#NRS217Sec113.

217.005
Dissemination of information describing benefits available pursuant to this chapter.
217.007
Right of victim to receive proceeds from material based upon or related to crime
217.010
Policy of State.
217.020
Definitions.
217.025
“Appeals officer” defined.
217.030
“Board” defined.
217.033
“Compensation officer” defined.
217.035
“Crime” defined.
217.038
“Department” defined.
217.040
“Dependents” defined.
217.042
“Director” defined.
217.045
“Hearing officer” defined.
217.050
“Personal injury” defined.
217.060
“Relative” defined.
217.065
“Resident” defined.
217.070
“Victim” defined.
217.090
Compensation officers: Appointment
217.094
State Plan for Services for Victims of Crime
217.100
Application for compensation
217.102
Circumstances under which victim of crime may apply for compensation.
217.105
Confidentiality of information.
217.110
Review of application
217.112
Hearing before hearing officer: Request by applicant
217.113
Hearing before hearing officer: Procedure
217.115
Waiver of times specified.
217.117
Appeal of decision of hearing officer or appeals officer
217.120
Proof of conviction conclusive evidence of commission of offense.
217.130
State Plan for Services for Victims of Crime to include certain rules and regulations
217.140
Attorney’s fees.
217.150
Standards for compensation.
217.160
Persons who may be awarded compensation.
217.170
Suspension of proceedings.
217.180
Order for compensation: Considerations.
217.200
Payment of compensation for expenses and losses
217.210
Limitations on time for making order for payment of compensation
217.220
Award of compensation prohibited under certain circumstances
217.240
Recovery by applicant: Subrogation
217.245
Acceptance of payment from Department for certain services provided to victim constitutes payment in full.
217.250
Reports.
217.260
Fund for the Compensation of Victims of Crime.
217.270
Unlawful acts
217.280
“Victim of sexual assault” defined.
217.290
County to provide for counseling and medical treatment of victims.
217.300
Payment of cost of initial medical care of victim
217.310
Application for medical and psychological treatment of victim and spouse
217.320
Availability of medical and psychological treatment
217.330
Certification by person providing counseling or psychological treatment required.
217.340
Limitations on time for treatment.
217.350
Regulations prescribing procedures.
217.400
Definitions.
217.410
Allocation of money to organizations specifically created to assist victims of sexual assault.
217.420
Grants from Account for Aid for Victims of Domestic Violence: Eligibility.
217.440
Account for Aid for Victims of Domestic Violence: Creation
217.445
Expenditure of grant must be approved by Division.
217.450
Procedure for award of grants
217.460
Reports from recipients of grants to Administrator of Division.
217.462
Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Eligibility
217.464
Fictitious address for victim of domestic violence, sexual assault or stalking: Designation of fictitious address
217.466
Fictitious address for victim of domestic violence, sexual assault or stalking: Form for participant to register to vote or change address of registration.
217.468
Fictitious address for victim of domestic violence, human trafficking, sexual assault or stalking: Cancellation.
217.471
Fictitious address for victim of domestic violence, sexual assault or stalking: Adoption of procedures by Division.
217.475
Team to review death of victim of domestic violence.
217.480
County to provide for counseling of victims and certain relatives upon request.
217.500
Definitions.
217.510
“Contingency Account” defined.
217.520
“Victim of human trafficking” defined.
217.530
Creation
217.540
Procedure for applying for allocation from Contingency Account
217.550
Definitions.
217.555
“Certification” defined.
217.560
“Certifying agency” defined.
217.565
“Certifying official” defined.
217.570
“Criminal activity” defined.
217.575
“Petitioner” defined.
217.580
Considerations for determination whether to provide certification to petitioner
217.585
Time for processing of request for certification.
217.590
Prohibited actions by certifying agency
Last Updated

Feb. 5, 2021

§ 217.113’s source at nv​.us