[Rev. 10/18/2018 1:14:48 PM]

[NAC-288 Revised Date: 10-18]

CHAPTER 288 - LOCAL GOVERNMENT: RELATIONS WITH EMPLOYEES

GENERAL PROVISIONS

288.010              Definitions.

288.020              “Board” defined.

288.025              “Commissioner” defined.

288.030              “Complainant” and “petitioner” defined.

288.036              “Panel” defined.

288.038              “Split decision” defined.

288.040              Construction.

288.050              Severability.

288.060              Mailing lists for notice of complaints or controversies and copies of documents; charge for furnishing documents.

288.070              Filing requirements for written documents and other written matters; service; request to opt out of electronic service.

288.075              Electronic filing of documents.

288.080              Issuance and service of process and other papers.

288.090              Time: Computation.

RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS

288.100              Determination of negotiability.

288.110              Elections.

288.120              Use of election results in determination of bargaining unit.

288.130              Appeal of determination of bargaining unit.

288.140              Annual filing by local government employers of contact information for person designated to receive official communications from Board and lists of recognized organizations.

288.143              Application for recognition of organization; petition to challenge sufficiency of application.

288.145              Withdrawal of recognition of organization by local government employer.

288.146              Withdrawal of recognition of organization upon petition by another employee organization.

288.147              Annual filing by organizations of contact information for person designated to receive official communications from Board and lists of officers and representatives.

288.150              Fact finder: Personal assessment of merits prohibited; schedule for hearing; record of proceedings; report.

288.155              Fact finder: Effect of failure to schedule hearing.

PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

Motions, Complaints and Other Papers

288.200              Complaint.

288.205              Complaint for expedited review concerning right of employee to express breast milk: Procedure for filing, hearing and deciding such complaint.

288.220              Answer.

288.231              Form of pleadings and motions.

288.235              Amendment of pleadings and motions; liberal construction.

288.240              Motions.

288.245              Motion to file amicus brief; request by Board for filing of amicus briefs in contested cases.

288.250              Prehearing statement.

288.253              Extension to file certain documents.

288.255              Settlement conference.

288.260              Intervention.

288.262              Petition to intervene: Filing; response.

288.265              Limitation on number of interveners.

288.270              Form of appeals.

Panels

288.271              Establishment; assignment of members of Board to panel; presiding officer.

288.2715            Scheduling of meetings of panel; assignment of cases and stipulations to dismiss; assignment of cases involving statewide significance to full Board.

288.2718            Split decision: Filing and service of petition for reconsideration by full Board; failure to file timely petition constitutes final decision for purposes of judicial review.

288.272              Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration.

288.2725            Split decision: Approval or denial of petition for reconsideration by full Board; oral argument if petition approved; petition for rehearing.

Hearings

288.273              Prehearing conference.

288.275              Consolidation.

288.277              Location.

288.278              Representation in contested case.

288.279              Subpoenas.

288.280              Examination of witnesses.

288.285              Failure of party to appear.

288.290              Continuances.

288.295              Preliminary procedure.

288.301              Conduct of hearing.

288.306              Allowance of oral argument.

288.310              Closing arguments.

288.320              Contemptuous conduct.

288.322              Admissibility of evidence.

288.324              Documentary evidence and exhibits.

288.326              Presentation of further evidence; late filing of exhibits.

288.328              Admission of evidence into record.

288.332              Official notice.

288.335              Stipulations.

288.340              Decisions and orders.

288.345              Briefs: Order to file; procedure for filing.

288.350              Briefs: Filing after hearing.

288.360              Rehearings: Petition; procedure; failure to file.

288.362              Rehearings: Response.

288.364              Rehearings: Grant or denial; decision.

288.368              Rehearings: Order for modification; modifying order is final order for purposes of judicial review.

288.370              Transcripts: Costs.

Miscellaneous Provisions

288.373              Imposition of sanctions.

288.375              Dismissal of matter.

Declaratory Orders

288.380              Petition for declaratory order.

288.390              Response to petition for declaratory order; reply to response.

288.400              Request for hearing.

288.410              Consideration by Board.

288.420              Intervention.

Petitions for Adoption, Amendment or Repeal of Regulations

288.430              Procedure for consideration of petition for adoption, amendment or repeal of regulations.

 

 

GENERAL PROVISIONS

     NAC 288.010  Definitions. (NRS 288.090, 288.110)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 288.020 to 288.038, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Local Gov’t Employee-Mgt. Rel. Bd. by R135-03, 10-30-2003; R074-17, 2-27-2018)

     NAC 288.020  “Board” defined. (NRS 288.090, 288.110)  “Board” means:

     1.  The full Local Government Employee-Management Relations Board, consisting of all the members serving on the Board; or

     2.  A panel of the Board, if one or more panels are established pursuant to NAC 288.271.

     (Supplied in codification; A by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, 2-27-2018)

     NAC 288.025  “Commissioner” defined. (NRS 288.110)  “Commissioner” means the Commissioner appointed by the Board pursuant to NRS 288.090.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R135-03, eff. 10-30-2003)

     NAC 288.030  “Complainant” and “petitioner” defined. (NRS 288.110)  “Complainant” or “petitioner” means:

     1.  A local government employer as defined in NRS 288.060;

     2.  An employee organization as defined in NRS 288.040; or

     3.  A local government employee as defined in NRS 288.050.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.13, eff. 7-1-74; A 12-15-75; 8-31-79]

     NAC 288.036  “Panel” defined. (NRS 288.090, 288.110)  “Panel” means any three members of the Board present at a meeting who are authorized to exercise the power and authority of the Board pursuant to NRS 288.090.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.038  “Split decision” defined. (NRS 288.090, 288.110)  “Split decision” means a decision or a part of a decision of a panel, from which one member of the panel dissents.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.040  Construction. (NRS 288.110)  The provisions of this chapter must be liberally construed to effectuate the purposes and provisions of chapter 288 of NRS.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.04, eff. 11-12-71; A 1-10-73]

     NAC 288.050  Severability. (NRS 288.110)  If any of the provisions of this chapter or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions, or their application, that can be given effect without the invalid provision or application.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.06, eff. 11-12-71; A 1-10-73]

     NAC 288.060  Mailing lists for notice of complaints or controversies and copies of documents; charge for furnishing documents. (NRS 288.110)

     1.  Any person may request in writing that he or she be placed on a mailing list kept by the Board so that he or she will be provided written notice of any complaint or controversy which is the subject of a hearing before the Board.

     2.  Any interested person may request that he or she be placed on a mailing list kept by the Board so that he or she will be provided copies of regulations, final orders, decisions and opinions adopted or rendered by the Board.

     3.  The Board may make a reasonable charge for the cost of furnishing any documents requested.

     [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 1.09 & 1.10, eff. 1-10-73] — (NAC A 9-30-88)

     NAC 288.070  Filing requirements for written documents and other written matters; service; request to opt out of electronic service. (NRS 288.110)

     1.  Except as otherwise provided in this chapter, if any written document or other written matter is filed with the Board:

     (a) The original must be signed and filed in the form of a pleading;

     (b) The written document or other written matter must satisfy the requirements set forth in NAC 288.231;

     (c) The written document or other written matter must be filed in accordance with the requirements set forth in NAC 288.075 if the written document or other written matter is filed electronically; and

     (d) Except as otherwise provided in subsection 2, the filing party shall serve a copy upon the opposing party, intervener and any party in interest by:

          (1) Personal service;

          (2) First-class mail at the last known address of the person; or

          (3) Electronic service by transmitting the copy electronically as an attachment to electronic mail in portable document format.

     2.  A person may request to opt out of being served by electronic service by submitting a request to the Board. Such a request becomes effective once the Board notifies all parties in the case that the person has requested to opt out of electronic service.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.11, eff. 1-10-73] — (NAC A 9-30-88; R135-03, 10-30-2003; R010-15, 10-27-2015; R034-16, 9-9-2016; R074-17, 2-27-2018)

     NAC 288.075  Electronic filing of documents. (NRS 288.110)

     1.  Any written document required to be filed with the Board may be filed electronically in accordance with this section.

     2.  If a filing party elects to file a document electronically, the filing party must first register with the Board all electronic mailing addresses authorized to send and receive electronic mail for the filing party on a form provided by the Board.

     3.  To be deemed filed, a document submitted electronically must be:

     (a) Sent to the electronic mail address designated by the Board for receiving electronic documents;

     (b) Sent from an electronic mail address registered with the Board pursuant to subsection 2; and

     (c) Submitted as an attachment to the electronic mail address designated by the Board in portable document format.

     4.  When a document is filed electronically in accordance with this section, the document will be stamped as filed with the date the document is received at the electronic mail address of the Board. The Board will send to the filing party, by electronic mail, a confirmation receipt that contains the date-stamped copy of the document attached in portable document format.

     5.  The filing party must retain the original version of any document that was filed electronically until the filing party has exhausted all available appeals. The filing party may be required to produce the original of the document to the Commissioner upon request.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R010-15, eff. 10-27-2015)

     NAC 288.080  Issuance and service of process and other papers. (NRS 288.110)

     1.  The issuance and service of process of papers required by this chapter must be in conformity with the Nevada Rules of Civil Procedure and the rules and regulations of the Board.

     2.  Any written document or other written matter required by this chapter to be filed with the Board or served upon another party shall be deemed to comply with any time deadline if it is mailed and postmarked upon the date specified or filed or transmitted electronically in accordance with subparagraph (3) of paragraph (d) of subsection 1 of NAC 288.070 or NAC 288.075, as applicable, upon the date specified.

     3.  If any paper is served by delivery of a copy, the delivery may be made by any person of suitable age and discretion, unless otherwise expressly provided by the Nevada Rules of Civil Procedure and the rules and regulations of the Board.

     4.  Proof of service of all papers required or permitted to be served, other than those for which a particular method of proof is prescribed in the Nevada Rules of Civil Procedure and the rules and regulations of the Board, must be promptly filed in the Board’s office before action is to be taken thereon by the Board or the parties. The proof must show the day and manner of service and may be by written acknowledgment of service, by certificate of a member of the bar, by affidavit of the person who served the papers or by any other proof satisfactory to the Board. If an affidavit of mailing or of service is attached to the original pleading, it must be attached underneath the original pleading so that the character of the pleading is easily discernible. Failure to make the proof of service required by this subsection does not affect the validity of the service. The Board may at any time allow the proof of service to be amended or supplied, unless it clearly appears that to do so would result in material prejudice to the substantial rights of any party.

     5.  A written complaint filed with the Board must be served upon the respondent, local government employer or employee organization by the complaining party within 5 days of the filing.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.08, eff. 1-10-73] — (NAC A 9-30-88; R034-16, 9-9-2016)

     NAC 288.090  Time: Computation. (NRS 288.110)  The computation of any period prescribed by this chapter or by an order of the Board must be made in accordance with Rules 6(a) and 6(e) of the Nevada Rules of Civil Procedure.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 1.12, eff. 7-1-74] — (NAC A 9-30-88; R034-16, 9-9-2016)

RECOGNITION OF AND NEGOTIATION WITH EMPLOYEE ORGANIZATIONS

     NAC 288.100  Determination of negotiability. (NRS 288.110, 288.150)

     1.  If a matter is significantly related to the subjects enumerated in subsection 2 of NRS 288.150, a local government employer, upon written request by an appropriate employee organization, shall negotiate the matter unless, in the determination of the employer, the proposed matter to be negotiated would be reserved to the local government employer pursuant to subsection 3 of NRS 288.150.

     2.  If the employer determines that the proposed matter would be reserved to him or her pursuant to subsection 3 of NRS 288.150, the employee organization may request the Board to review that determination. If the Board, after reviewing the determination of the employer, agrees that the controversy is a contested matter within the meaning of chapters 233B and 288 of NRS, it may conduct a hearing.

     [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 4.01-4.07, eff. 11-12-71] — (NAC A 9-30-88; 1-26-90)

     NAC 288.110  Elections. (NRS 288.110, 288.160)

     1.  All elections conducted in accordance with subsection 4 of NRS 288.160 will be conducted under the supervision of the Board or its agent.

     2.  Any party may be represented at the election by observers selected in accordance with such limitations as the Board may prescribe.

     3.  Any observer or the Board’s agent conducting the election may challenge for good cause the eligibility of any person to vote in the election. The ballots of challenged persons will be impounded.

     4.  Upon the conclusion of the election, the ballots will be counted in the presence of the parties or their observers and the Board’s agent conducting the election. The agent will furnish parties with a tally of the ballots.

     5.  Except as otherwise provided in this subsection, the ballots must be kept for at least 6 months after an election, after which period the ballots may be destroyed. If a timely objection to the election is filed with the Board or a petition for judicial review concerning the election is filed in district court, the ballots must be kept until after the conclusion of any Board or court proceeding concerning the election.

     6.  Provisions may be made for a nonunion vote and for linguistic assistance.

     7.  If the results are inconclusive, the Board will conduct a runoff election.

     8.  Within 5 days after the election, any party may file with the Board objections to the conduct of the election or conduct affecting the results of the election. The objections must be in writing and contain a brief statement of facts upon which the objections are based. A sworn original and four copies of the objections must be signed and filed with the Board. The party filing the objections shall serve a copy upon each of the other parties.

     9.  If challenges which affect the results of the election or objections raise a substantial question which cannot be resolved without a hearing, the Board may issue and serve notice of a hearing on these issues.

     10.  An employee organization will be considered the exclusive bargaining agent for employees within a bargaining unit, pursuant to an election, if:

     (a) Challenged ballots are insufficient in number to affect the results;

     (b) No runoff election is to be held;

     (c) No timely objections are filed; and

     (d) The election demonstrates that the employee organization is supported by a majority of the employees within the particular bargaining unit.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 5.03, eff. 11-12-71; A 1-1-72; A and renumbered as No. 5.01, 1-10-73; No. 5.04, eff. 11-12-71; A 1-1-72; A and renumbered as No. 5.02, 1-10-73; A 12-15-75; No. 5.05, eff. 11-12-71; A 1-1-72; renumbered as No. 5.03, 1-10-73; No. 5.06, eff. 11-12-71; renumbered as No. 5.04, 1-10-73] — (NAC A 9-30-88; R135-03, 10-30-2003)

     NAC 288.120  Use of election results in determination of bargaining unit. (NRS 288.110, 288.160)  The Board may use the results of an election conducted pursuant to NAC 288.110 as additional information for its determination of a bargaining unit.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 6.03, eff. 11-12-71; A 1-1-72]

     NAC 288.130  Appeal of determination of bargaining unit. (NRS 288.090, 288.110, 288.170)  If any employee organization is aggrieved by the determination of a bargaining unit, it may appeal to the Board in accordance with the provisions of NAC 288.075 and 288.200 to 288.375, inclusive.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 6.02, eff. 11-12-71] — (NAC A 3-11-96; R135-03, 10-30-2003; R043-13, 10-24-2014; R010-15, 10-27-2015; R074-17, 2-27-2018)

     NAC 288.140  Annual filing by local government employers of contact information for person designated to receive official communications from Board and lists of recognized organizations. (NRS 288.110, 288.161)  Before December 1 of each year, each local government employer shall file with the Board:

     1.  The name and contact information for the person designated by the local government employer to receive all official communications from the Board, except for those communications related to a case before the Board for which an attorney has filed an appearance; and

     2.  A list of all employee organizations that the employer is currently recognizing and a description of the bargaining unit for each employee organization.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 6.03, eff. 1-10-73; A 12-15-75] — (NAC A 9-30-88; R010-15, 10-27-2015)

     NAC 288.143  Application for recognition of organization; petition to challenge sufficiency of application. (NRS 288.110, 288.160)  An employee organization that wishes to be recognized as the bargaining agent for a group of local government employees who are not yet represented by an employee organization must apply to the local government employer for recognition pursuant to NRS 288.160. The local government employer may challenge the sufficiency of the application for recognition by filing a petition, in the form of a pleading, with the Board within 10 days after receipt of the application.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.145  Withdrawal of recognition of organization by local government employer. (NRS 288.110, 288.160, 288.180)

     1.  In addition to the reasons set forth in subsection 3 of NRS 288.160, a local government employer may withdraw recognition of an employee organization if the employee organization:

     (a) Voluntarily withdraws in writing as the bargaining representative; or

     (b) Fails to notify the employer pursuant to NRS 288.180 that it desires to negotiate.

     2.  Except as otherwise provided in NAC 288.146, a local government employer must request a hearing before the Board and receive the written permission of the Board before withdrawing recognition of an employee organization for any reason other than voluntary withdrawal.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A 3-11-96)

     NAC 288.146  Withdrawal of recognition of organization upon petition by another employee organization. (NRS 288.110, 288.180)

     1.  During the term of an existing labor agreement which covers a period of not more than 3 years and during negotiations for a successor agreement through fact-finding or binding arbitration, or both, recognition of an employee organization may be withdrawn at the request of another employee organization if the Board has determined, pursuant to a hearing requested during a period specified in subsection 2, that the recognized employee organization has ceased to be supported by a majority of the local government employees in the bargaining unit for which it is recognized.

     2.  An employee organization may challenge recognition of another employee organization by filing with the Board a petition for a hearing to determine whether a recognized employee organization has ceased to be supported by a majority of the local government employees in a bargaining unit. The petition must be filed in the form of a pleading and may only be filed during the period:

     (a) Beginning upon the filing of notice by the recognized employee organization pursuant to NRS 288.180 of its desire to negotiate a successor agreement and ending upon the commencement of negotiations for such an agreement; or

     (b) Beginning 242 days before the expiration date of the existing labor agreement and ending 212 days before the expiration of the labor agreement.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 3-11-96; A by R135-03, 10-30-2003)

     NAC 288.147  Annual filing by organizations of contact information for person designated to receive official communications from Board and lists of officers and representatives. (NRS 288.110, 288.165)  In addition to the requirements set forth in NRS 288.165, between November 1 and December 1 of each year, each employee organization shall file with the Board:

     1.  The name and contact information of the person designated by the employee organization to receive all official communications from the Board, except for those communications related to a case before the Board for which an attorney has filed an appearance; and

     2.  A list of its current officers and representatives, including, but not limited to, any and all elected officials and other professional representatives retained to administer the various activities of the employee organization. The employee organization may elect, appoint or retain additional or other officers and representatives subsequent thereto.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R010-15, 10-27-2015)

     NAC 288.150  Fact finder: Personal assessment of merits prohibited; schedule for hearing; record of proceedings; report. (NRS 288.110, 288.200)

     1.  A fact finder shall not make a personal assessment of the substantive merits of any issue submitted to him or her.

     2.  The fact finder shall inform any party requesting binding fact-finding of the schedule of the dates and times for the hearing established pursuant to subsection 4 of NRS 288.200.

     3.  If any fact finder fails to establish a schedule of dates and times for the hearing, the requesting party must report the failure to the Commissioner and inform the Commissioner of the diligent efforts made by the party in obtaining dates and times from the fact finder.

     4.  A fact finder shall keep a full record of the proceedings. The record must be preserved so that a transcript may be available at the request of the Board.

     5.  The report of the fact finder to the parties must contain:

     (a) A background statement;

     (b) A statement of the issues in dispute;

     (c) A statement of the position of the parties;

     (d) The findings of fact;

     (e) Conclusions based on the findings of fact;

     (f) The determinations of the fact finder; and

     (g) Any special explanatory comments.

     [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 7.01 & 7.02, eff. 11-12-71] — (NAC A 9-30-88)

     NAC 288.155  Fact finder: Effect of failure to schedule hearing. (NRS 288.110, 288.200)  Any failure of a fact finder to establish a schedule of dates and times for a hearing pursuant to subsection 4 of NRS 288.200 does not prejudice the rights of any party requesting binding fact-finding.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

PRACTICE BEFORE THE LOCAL GOVERNMENT EMPLOYEE-MANAGEMENT RELATIONS BOARD

Motions, Complaints and Other Papers

     NAC 288.200  Complaint. (NRS 288.110)

     1.  In addition to any other applicable requirements set forth in NAC 288.231, a complaint must include:

     (a) The full name of the complainant;

     (b) The full name of the respondent;

     (c) A clear and concise statement of the facts constituting the alleged practice sufficient to raise a justiciable controversy under chapter 288 of NRS, including the time and place of the occurrence of the particular acts and the names of persons involved; and

     (d) The legal authority under which the complaint is made.

     2.  A complainant shall file a complaint with the Board in the form of a pleading and shall serve a copy by certified mail on all parties in interest at their last known addresses.

     3.  Except as otherwise specifically provided by this chapter or chapter 288 of NRS, a complainant shall not attach any document, including, without limitation, an exhibit, to a complaint.

     [Local Gov’t Employee-Mgt. Rel. Bd., part No. 2.03, eff. 11-12-71; A 1-10-73; 12-15-75; No. 2.04, eff. 11-12-71; A 1-10-73; No. 2.05, eff. 11-12-71; A 1-1-72; 1-10-73] — (NAC A 9-30-88; 3-11-96; R135-03, 10-30-2003; R043-13, 10-24-2014; R010-15, 10-27-2015; R034-16, 9-9-2016)

     NAC 288.205  Complaint for expedited review concerning right of employee to express breast milk: Procedure for filing, hearing and deciding such complaint. (NRS 281.755, 288.110, 288.115)

     1.  In lieu of complying with the provisions of NAC 288.200 to 288.370, inclusive, an employee who:

     (a) Is a nursing mother described in paragraph (d) of subsection 4 of NRS 281.755; and

     (b) Complains solely of an alleged violation of paragraph (h) of subsection 1 of NRS 288.270,

Ê may elect to file a complaint in the form required by the Board and comply with the provisions of this section.

     2.  If an employee makes the election and files the complaint described in subsection 1, the respondent shall file an answer in accordance with the provisions of NAC 288.220, except that the answer must include a statement setting forth the position of the respondent and the reasons for the actions of the respondent.

     3.  Upon receipt of the answer, the Commissioner shall contact the parties to schedule a hearing on the matter. The hearing:

     (a) Must be held before the Commissioner; and

     (b) May be conducted in person, by video conference or telephonically, in the discretion of the Commissioner.

     4.  After the hearing is scheduled, the Commissioner shall promptly prepare and serve upon the parties a notice of hearing setting forth:

     (a) The date, time and place of the hearing;

     (b) The manner in which the hearing will be conducted, whether in person, by video conference or telephonically; and

     (c) The deadline for the submission of copies of proposed exhibits pursuant to subsection 6 or the notice required by that subsection.

     5.  Upon the request of a party to a proceeding governed by this section, the Commissioner may issue subpoenas requiring the attendance of witnesses before the Commissioner, together with all books, memoranda, papers and other documents relative to the matter. The provisions of subsections 2, 3 and 4 of NRS 288.120 apply to any such subpoena.

     6.  Each party shall submit to the Commissioner a copy of any exhibit the party proposes to use at the hearing. Each party shall submit the copy so that it is received by the Commissioner not less than 3 business days before the hearing. If a party does not propose to use any exhibits at the hearing, the party shall so notify the Commissioner in writing within that time. Upon receipt of the copies of the proposed exhibits or the notice described in this subsection, the Commissioner shall forward copies of the proposed exhibits or notice, as applicable, to each other party.

     7.  The Commissioner shall conduct the hearing in accordance with the provisions of NAC 288.280 to 288.335, inclusive, but may depart or authorize a departure from those provisions as necessary to expedite and minimize the expense of the proceedings. Except as otherwise provided in this subsection, in lieu of using a court reporter, the Commissioner may cause the hearing to be recorded by tape recorder. In the case of a hearing conducted telephonically, each party must consent to the recording of the hearing. Upon the request of any party, the Commissioner shall cause the recording to be transcribed at the expense of the party making the request. If both parties request that the recording be transcribed, the expense of transcription must be shared equally by the parties unless they otherwise agree.

     8.  After the hearing, the Commissioner shall render a decision in writing. The decision is not subject to review by the Board and is a final decision for the purposes of NRS 233B.130.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.220  Answer. (NRS 288.110)

     1.  A respondent may file an answer in the form of a pleading and not later than 20 days after the receipt of a complaint.

     2.  An answer must contain a clear and concise statement of the facts which constitute a defense. The respondent must specifically admit, deny or explain each of the allegations in the complaint unless he or she is without knowledge, in which case the respondent shall so state and the statement shall be deemed a denial. Any allegation in the complaint not specifically denied in the answer, unless it is stated in the answer that the respondent is without knowledge, shall be deemed to be admitted to be true.

     3.  If an answer is not made within the prescribed time, the dilatory party is precluded, except with the consent of the opposing party or the Board, from asserting any affirmative defense in the proceeding.

     4.  An answer must be signed and filed with the Board.

     5.  Except as otherwise specifically provided by this chapter or chapter 288 of NRS, a respondent shall not attach any document, including, without limitation, an exhibit, to an answer.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 2.06, eff. 11-12-71; A 1-10-73; No. 2.07, eff. 11-12-71] — (NAC A 9-30-88; R135-03, 10-30-2003; R043-13, 10-24-2014; R010-15, 10-27-2015; R034-16, 9-9-2016)

     NAC 288.231  Form of pleadings and motions. (NRS 288.110)

     1.  Pleadings and written motions filed with the Board, including, without limitation, a complaint, petition, application or request, must:

     (a) Be properly titled;

     (b) Be signed by an authorized person;

     (c) State the name and, unless the pleading is a complaint, address of each party;

     (d) Clearly identify the proceeding by title;

     (e) Include the case number if a case number has been assigned;

     (f) Include an appropriate caption, if applicable;

     (g) Set forth a clear and concise statement of the matters relied upon as a basis for the action or relief requested and an appropriate prayer;

     (h) Be clear, legible and typewritten or printed by a computer on white, unglazed paper that is 8 1/2 by 11 inches in size and that is not lighter than 16 pounds;

     (i) Be firmly bound together at the upper left-hand corner of the document; and

     (j) Not exceed 30 pages, except with the permission of the Board.

     2.  The type used in a pleading or written motion described in subsection 1 must be black in color and must not be smaller than 11 characters per inch. The lines on each page of the pleading or written motion must be numbered consecutively on the left margin. Each page of the pleading or written motion must:

     (a) Have a top margin that is 1 inch from the top edge of the paper and a bottom margin that is 1 inch or more from the bottom edge of the paper; and

     (b) Be numbered consecutively at the bottom of the page.

     3.  A pleading initiating a new proceeding must have space for the case number on the pleading.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003; R074-17, 2-27-2018)

     NAC 288.235  Amendment of pleadings and motions; liberal construction. (NRS 288.110)

     1.  If not otherwise prohibited by law and if substantial rights of the parties will not be prejudiced, the Board may allow any pleading or motion to be amended or corrected, or any omission in the pleading, motion or other papers to be cured.

     2.  Pleadings, motions and other papers will be liberally construed, and any defects which do not affect substantial rights of any party may be disregarded by the Board.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.240  Motions. (NRS 288.110)

     1.  Any request for an order by the Board, except for an order to permit intervention, concerning any matter that has been assigned a case number and that has not been finally decided by the Board must be styled a “motion.”

     2.  All motions made before or after a hearing must be filed in writing with the Board. Motions made at a hearing must be stated orally and must be included in the stenographic report of the hearing.

     3.  A motion directed at a complaint or petition must be written and filed before the answer or response is due.

     4.  Within 10 days after service of any motion, all parties wishing to respond to the points raised in the motion shall file their opposition to the motion. That opposition must be in writing, unless made during the hearing. Within 10 days after service of the opposition to the motion, the moving party may respond to the points raised in the opposition.

     5.  A certificate of service must be attached to the original opposition or response, indicating that the opposition or response has been served on the opposing party, unless the opposition or response is made during a hearing.

     6.  If a party fails to file and serve a written opposition to a motion, that failure to respond may be construed as an admission that the motion is meritorious and as consent to granting the motion.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.03, eff. 11-12-71; A 1-10-73; No. 3.035, eff. 7-1-74] — (NAC A 9-30-88; R135-03, 10-30-2003; R043-13, 10-24-2014)

     NAC 288.245  Motion to file amicus brief; request by Board for filing of amicus briefs in contested cases. (NRS 288.110)

     1.  Any person or governmental entity claiming an interest in a dispute or controversy that is the subject of a hearing before the Board may, by motion, request leave of the Board to file an amicus brief. If the Board grants the motion, it may impose terms and conditions related to the brief.

     2.  The Board may request in writing that one or more local government employers and employee organizations file amicus briefs in any contested case on such terms and conditions as are specified in the request.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.250  Prehearing statement. (NRS 288.110)

     1.  Not later than 20 days after the service of the answer, unless otherwise ordered by the Board or Commissioner, each party shall file with the Board the prehearing statement of the party which includes:

     (a) A plain and concise statement of the issues of fact and law to be determined by the Board which have not been resolved by negotiation or otherwise;

     (b) A memorandum of law or points and authorities in support of the party’s position, including a list of significant differences or close similarities of the issue or issues to any prior determinations of the Board;

     (c) A list of witnesses and their qualifications, including a brief summary of their expected testimony; and

     (d) An estimate, to the nearest hour, of the time needed for the presentation of the party’s position.

     2.  Except as otherwise specifically provided by this chapter or chapter 288 of NRS, a party shall not attach any document, including, without limitation, an exhibit, to a prehearing statement.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.01, eff. 11-12-71; A 1-10-73; 7-1-74; 12-15-75] — (NAC A by R135-03, 10-30-2003; R010-15, 10-27-2015; R034-16, 9-9-2016; R074-17, 2-27-2018)

     NAC 288.253  Extension to file certain documents. (NRS 288.110)

     1.  Upon written stipulation of the parties, the Commissioner may approve a request to extend the time to file any document described in NAC 288.220 to 288.250, inclusive, if the Commissioner determines that the proposed extension of time will not delay any hearing for the case that may be authorized by the Board. Any stipulated request for an extension that is not approved by the Commissioner must be approved by the Board.

     2.  This section does not prohibit a party from filing a motion to extend time for filing a document.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R010-15, eff. 10-27-2015)

     NAC 288.255  Settlement conference. (NRS 288.110)

     1.  Except as otherwise provided in subsection 3, the Board may order the parties to participate in a settlement conference upon the motion of any party or its own motion.

     2.  The Commissioner shall conduct any settlement conference ordered by the Board pursuant to subsection 1.

     3.  The Board will not order a settlement conference for any matter that is:

     (a) An appeal of the determination of a bargaining unit brought pursuant to subsection 5 of NRS 288.170;

     (b) A proceeding relating to an application for the recognition of an employee organization filed pursuant to NRS 288.160; or

     (c) A proceeding commenced upon a petition for a declaratory order filed pursuant to NAC 288.380.

     4.  A party or the Board may file a motion for a settlement conference at any time:

     (a) After all parties have submitted prehearing statements pursuant to NAC 288.250; and

     (b) Not later than 60 days before the date of a scheduled hearing.

     5.  The Commissioner may establish reasonable guidelines to conduct a particular settlement conference, except that the Commissioner may not:

     (a) Require the parties to submit additional statements or briefs in advance of a settlement conference; or

     (b) Establish guidelines that will impose any undue expense on a party.

     6.  The Commissioner may not be called as a witness in any proceeding in which a settlement conference has taken place.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R043-13, eff. 10-24-2014)

     NAC 288.260  Intervention. (NRS 288.110)

     1.  Any person claiming an interest in a dispute or controversy which is the subject of a hearing may be made a party upon timely petition and a showing satisfactory to the Board of the person’s interest in the controversy.

     2.  A petition to intervene must include the following information:

     (a) The nature of the petitioner’s statutory or other right;

     (b) The nature and extent of the petitioner’s interest;

     (c) The effect of any decision in the proceedings on the petitioner’s interest;

     (d) Other means available whereby the petitioner’s interest may be protected;

     (e) The extent to which the petitioner’s interest may be represented by existing parties;

     (f) The extent to which the petitioner’s participation can assist in the development of a sound record;

     (g) The extent to which the petitioner’s participation will broaden the issues or delay the proceedings;

     (h) The extent to which the petitioner’s interest in the proceedings differs from that of the general public;

     (i) How the petitioner’s intervention would serve the public interest;

     (j) If affirmative relief is sought, the type and basis of that relief;

     (k) A statement as to whether the petitioner intends to present evidence in the proceeding; and

     (l) The name and address of the petitioner.

     3.  A petition is not timely filed unless it is filed with the Board and served upon all parties by certified mail at least 30 days before the time set for the hearing. A response to the application or petition may be made by any party not later than 5 days after receipt of the application or petition.

     4.  Except as otherwise specifically provided by this chapter or chapter 288 of NRS, a person filing a petition pursuant to this section shall not attach any document, including, without limitation, an exhibit, to the petition.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.06, eff. 11-12-71; A 1-10-73; 12-15-75] — (NAC A 9-30-88; R135-03, 10-30-2003; R034-16, 9-9-2016)

     NAC 288.262  Petition to intervene: Filing; response. (NRS 288.110)

     1.  A petition for leave to intervene and proof of service of a copy of the petition on each party of record must be filed with the Board at least 30 days before the time set for the hearing. A response to the petition may be made by any party not later than 5 days after receipt of the petition.

     2.  If a petition for leave to intervene is filed after the applicable period, the petition must state to the satisfaction of the Board a substantial reason for the delay. If a reason is not stated, the petition may be summarily denied by the Board.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.265  Limitation on number of interveners. (NRS 288.110)  When two or more interveners have substantially the same interests and positions, the Board may limit the number of interveners who will be permitted to cross-examine witnesses, make and argue motions, or make objections during the course of the hearing.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.270  Form of appeals. (NRS 288.110)  The submission of an appeal made pursuant to NRS 288.160 or 288.170 must follow the same form outlined for complaints except that the terms “appeal” and “appellant” must be substituted for “complaint” and “complainant.”

     [Local Gov’t Employee-Mgt. Rel. Bd., part No. 2.03, eff. 11-12-71; A 1-10-73; 12-15-75] — (NAC A 9-30-88)

Panels

     NAC 288.271  Establishment; assignment of members of Board to panel; presiding officer. (NRS 288.090, 288.110)

     1.  The Commissioner may establish one or more panels as the Commissioner deems necessary. Each panel must be designated “Panel A,” “Panel B” and so forth according to the number of panels established.

     2.  To the extent consistent with the provisions of subsection 3 of NRS 288.090, if two or more panels are established:

     (a) The Commissioner shall assign each member of the Board to a panel or panels.

     (b) Each member of the Board must be assigned to the same number of panels as every other member of the Board.

     (c) If the absence of one or more members of a panel would otherwise require the postponement of a hearing, the Commissioner may, with the written consent of all the parties to the hearing, randomly assign another member or members of the Board to the panel for the purposes of the hearing and disposition of the matter.

     3.  Except as otherwise provided in subsection 4:

     (a) If the Chair of the Board is a member of a panel, he or she shall serve as the presiding officer of the panel.

     (b) If the Chair of the Board is not a member of a panel, the Vice Chair of the Board shall serve as the presiding officer of the panel.

     (c) If the Chair or the Vice Chair of the Board is not a member of a panel, the most senior member of the Board assigned to the panel shall serve as the presiding officer of the panel. For the purposes of this paragraph:

          (1) The seniority of a member must be determined on the basis of the date of the appointment of the member to the Board.

          (2) If two or more members were appointed on the same date, they shall draw lots to determine which of them will serve as the presiding officer of the panel.

     4.  Notwithstanding the provisions of subsection 3, with the consent of the presiding officer of the panel and the member so designated, the Commissioner may designate any member of a panel as the acting presiding officer for a meeting of the panel.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.2715  Scheduling of meetings of panel; assignment of cases and stipulations to dismiss; assignment of cases involving statewide significance to full Board. (NRS 288.090, 288.110)

     1.  The Commissioner shall schedule the meetings of each panel in consultation with the members of the panel.

     2.  Except as otherwise provided in this section, whenever a case is commenced before the Board by the filing of a complaint, petition or other pleading, the Commissioner shall assign the case to the next available panel for which a meeting agenda has not yet been posted pursuant to NRS 241.020.

     3.  If a panel decides that a hearing should be held in a case, the panel will, during the same meeting, randomly assign the case to itself or another panel for hearing.

     4.  Except as otherwise provided in this subsection, after a case has been assigned to a panel pursuant to subsection 2 or 3, as applicable, any motion or other matter relating to the case will be decided by that panel. If a stipulation to dismiss all or any part of a complaint or petition is filed, the Commissioner shall assign the stipulation to the next available panel as provided in subsection 2 for consideration and disposition.

     5.  If the Commissioner determines that a case involves an issue of statewide significance, the Commissioner may so designate the case and assign it to the full Board instead of a panel for all further proceedings. If such a designation is made, the Commissioner shall prepare and file written notice of the designation, stating the reasons for the designation, and serve a copy of the notice upon each party to the case.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.2718  Split decision: Filing and service of petition for reconsideration by full Board; failure to file timely petition constitutes final decision for purposes of judicial review. (NRS 288.090, 288.110)

     1.  Any party aggrieved by a split decision of a panel may file a petition for reconsideration of the split decision by the full Board. If the decision of a panel is a split decision only in part, only the split decision is properly the subject of a petition for reconsideration.

     2.  A petition for reconsideration must be filed and served within 15 days after service by the panel of a written notice of entry of the split decision of the panel.

     3.  The failure of any party to submit a timely petition for reconsideration pursuant to this section constitutes an agreement that the split decision of the panel is a final decision of the Board for the purposes of NRS 233B.130.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.272  Split decision: Requirements for petition for reconsideration and supporting memorandum of points and authorities; raising of point for first time in petition for reconsideration. (NRS 288.090, 288.110)

     1.  A petition for reconsideration by the full Board must be supported by a memorandum of points and authorities and contain such arguments, consistent with the provisions of this section, as the petitioner desires to present. Except by written leave of the Chair of the Board or the Vice Chair of the Board in the absence of the Chair, the petition must not exceed 30 pages in length, inclusive of the supporting memorandum of points and authorities.

     2.  The petition for reconsideration and supporting memorandum of points and authorities must:

     (a) State the reasons that reconsideration by the full Board is necessary to secure and maintain uniformity of the decisions of the Board; and

     (b) Demonstrate that the split decision of the panel is contrary to prior decisions of the Board, with specific citations to those decisions.

     3.  If the petitioner contends that the case involves a substantial precedential, constitutional or public policy issue, the petition for reconsideration and supporting memorandum of points and authorities must identify each such issue and demonstrate the effect of the split decision of the panel beyond the parties to the proceeding.

     4.  A point may not be raised for the first time in a petition for reconsideration unless the point could not reasonably have been made at the time the case was heard by the panel.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

     NAC 288.2725  Split decision: Approval or denial of petition for reconsideration by full Board; oral argument if petition approved; petition for rehearing. (NRS 288.090, 288.110)

     1.  The full Board will consider a timely petition for reconsideration and may grant or deny it not later than 5 days before the expiration of the time for filing a petition for judicial review set forth in NRS 233B.130. The Board will grant a petition for reconsideration upon the votes of any two or more members of the Board. If no action is taken by the Board within the time specified, the petition for reconsideration shall be deemed denied.

     2.  If a petition for reconsideration by the full Board is:

     (a) Granted, the members of the Board will review the administrative record, after which the Board will hear oral argument on such terms as the Chair of the Board deems appropriate.

     (b) Denied, the split decision of the panel is the final decision of the Board for the purposes of NRS 233B.130.

     3.  An order granting a petition for reconsideration by the full Board does not preclude:

     (a) A party from filing a timely petition for rehearing pursuant to NAC 288.360 with respect to the final decision of the full Board.

     (b) The full Board from considering and acting upon a petition for rehearing as provided by NAC 288.364.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R074-17, eff. 2-27-2018)

Hearings

     NAC 288.273  Prehearing conference. (NRS 288.110)

     1.  The Board or Commissioner may, upon written notice to all parties of record, hold a prehearing conference to:

     (a) Formulate or simplify the issues;

     (b) Obtain admissions of fact which will avoid unnecessary proof;

     (c) Discuss any proposed exhibits which were exchanged between the parties at least 5 days before the date of the prehearing conference;

     (d) Limit the number of witnesses; and

     (e) Establish any other procedure which may expedite the orderly conduct and disposition of the proceedings.

     2.  Upon action of the Board, the action taken and the agreements made at a prehearing conference by the parties concerned must be made a part of the record. When so ordered, the action controls the course of subsequent proceedings unless modified by the Board at the hearing.

     3.  In any proceeding, the Board may call all parties together for a conference before the taking of testimony or may recess the hearing for a conference to carry out the intent of this section. The Board will state on the record the results of the conference.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003; R043-13, 10-24-2014)

     NAC 288.275  Consolidation. (NRS 288.110)

     1.  The Board may consolidate two or more cases in any one hearing when it appears that the issues are substantially the same and that the rights of the parties will not be prejudiced by a consolidated hearing.

     2.  At a consolidated hearing, the Board will determine the order in which the parties introduce their evidence and the general procedure to be followed during the course of the consolidated proceeding.

     3.  The Board will apportion the costs of the hearing among the parties.

     4.  Unless the Board orders otherwise, the Commissioner shall place the same date of issuance and the same effective date, if applicable, on all orders made by the Board in relation to a consolidated hearing.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.277  Location. (NRS 288.110)  Hearings may be held at any location in the State that the Board designates in the notice of the hearing. To the extent possible, hearings will be held in the geographical area which is affected by the proceeding.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.278  Representation in contested case. (NRS 288.110)

     1.  Except as otherwise provided in this subsection, representation before the Board in a contested case is limited to representation in proper person or by an attorney who is licensed to practice law in the State of Nevada. The Board may:

     (a) Upon a motion, waive the limitation on representation; and

     (b) Require an attorney who is not licensed to practice law in the State of Nevada and who is licensed to practice in any other jurisdiction of the United States to associate with an attorney who is licensed to practice law in the State of Nevada.

     2.  The representation shall be deemed to be in proper person if the representation is by a currently elected or appointed official of the employee organization or union or local government, a local government employee or an employee of the employee organization or union. In the case of an employee organization or union, the official or employee must also be a member of the employee organization or union.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 3-11-96; A by R059-99, 11-18-99; R135-03, 10-30-2003)

     NAC 288.279  Subpoenas. (NRS 288.110, 288.120)

     1.  The Chair, or the Vice Chair in the absence of the Chair, may issue a subpoena on behalf of the Board pursuant to NRS 288.120 upon the request of a party to the case or a person who has a pending motion to intervene.

     2.  If a request for a subpoena is made less than 7 days before the date of the hearing, the person requesting the subpoena must show good cause for the delay in the request.

     3.  Subpoenas will not be issued in blank form.

     4.  Subpoenas will not be issued unless a date for the hearing has been set.

     5.  In his or her discretion, the Chair, or the Vice Chair in the absence of the Chair, may deny a request for a subpoena on behalf of the Board if the request commands the production of frivolous, irrelevant, burdensome or privileged material, or other material made confidential by statute.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 3-11-96; A by R074-17, 2-27-2018)

     NAC 288.280  Examination of witnesses. (NRS 288.110)  Witnesses at a hearing must be examined orally under oath, except that for good cause, the Board may permit their testimony to be taken by deposition.

     [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 3.07 & 3.08, eff. 11-12-71] — (NAC A 9-30-88)

     NAC 288.285  Failure of party to appear. (NRS 288.110)  If a petitioner, complainant, respondent or intervener fails, without good cause, to appear at the time and place set for hearing, the Board may impose any of the sanctions set forth in NAC 288.373 and may grant or, in the alternative, dismiss the petition or complaint, with or without prejudice, or may recess the hearing to a future date to be set by the Board to enable the petitioner, complainant, respondent or intervener to attend.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.290  Continuances. (NRS 288.110)  Any request for the postponement of a scheduled hearing must be in writing and signed by the parties or their counsel. The request must include a statement of the reasons for the requested postponement and must be filed with the Board at least 10 days before the time the hearing is scheduled unless good cause is shown to excuse the untimely filing of the request. In no case will a request for postponement be granted within 30 days after the running of the 90-day period for hearing a complaint.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.015, eff. 7-1-74] — (NAC A 9-30-88; R135-03, 10-30-2003)

     NAC 288.295  Preliminary procedure. (NRS 288.110)  The Board will call the hearing to order, note the appearances of the parties present and act upon any pending motions or petitions. At the discretion of the Board the parties may make opening statements.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.301  Conduct of hearing. (NRS 288.110)

     1.  The petitioner or complainant shall present his or her case-in-chief to the Board first followed by the case-in-chief for respondents and others opposing the petition or complaint.

     2.  Opposing parties will have the opportunity to cross-examine, redirect and recross-examine witnesses.

     3.  The petitioner or complainant will have the opportunity to conduct closing arguments first followed by respondents or other opposing parties.

     4.  Members of the Board may:

     (a) Conduct cross-examinations of witnesses.

     (b) Question any party on any issue of law and fact presented at anytime during the presentation of the matter in controversy.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.306  Allowance of oral argument. (NRS 288.110)

     1.  The Board may, following the filing of briefs or upon contested motions:

     (a) Set the matter for oral argument upon 10 days written notice to each party of record, unless the Board considers a shorter time advisable; and

     (b) Limit the amount of time available to each party for oral argument.

     2.  If the Board limits the amount of time available for oral argument pursuant to subsection 1, the Board will allow each party an equal amount of time for oral argument.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R043-13, 10-24-2014)

     NAC 288.310  Closing arguments. (NRS 288.110)  A party to the proceedings is entitled to a reasonable period, as determined by the Board, at the close of the hearing for oral argument.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.11, eff. 11-12-71] — (NAC A 9-30-88)

     NAC 288.320  Contemptuous conduct. (NRS 288.110)  Contemptuous conduct at a hearing is grounds for exclusion from the hearing.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.10, eff. 11-12-71]

     NAC 288.322  Admissibility of evidence. (NRS 288.110)

     1.  In conducting any investigation, inquiry or hearing, the Board and the presiding officer are not bound by the technical rules of evidence, and no informality in any proceeding or in the manner of taking testimony will invalidate any order or decision of the Board or the presiding officer. The rules of evidence of courts of the State will be generally followed but may be relaxed at the discretion of the Board or the presiding officer when deviation from the technical rules of evidence will aid in ascertaining the facts.

     2.  An objection to the admissibility of evidence may be made by any party of record and the objection will be ruled on by the presiding officer. When an objection is made to the admission or exclusion of evidence, the grounds upon which the relief is sought must be stated briefly. The presiding officer, either with or without objection, may exclude inadmissible, incompetent, repetitious or irrelevant evidence.

     3.  Any evidence offered at the hearing must be material and relevant to the issues of the hearing.

     4.  An offer of proof for the record must consist of a statement of the substance of the evidence to which an objection has been sustained.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R043-13, 10-24-2014)

     NAC 288.324  Documentary evidence and exhibits. (NRS 288.110)

     1.  Unless otherwise permitted, exhibits submitted to the Board must be limited in size to 8 1/2 by 11 inches. A copy of each documentary exhibit must be furnished to each party of record, and six copies must be furnished to the Board. If relevant evidence is included in a written or printed statement, book or document of any kind, containing other matters not relevant and not intended to be put into evidence, the statement, book or document containing that other matter may not be received or admitted in whole. Counsel or other parties offering evidence or exhibits shall present, in convenient and proper form for filing, a copy of the relevant portions or, at the discretion of the Board, read these portions into the record. Any documentary evidence offered, whether in the form of an exhibit or introduced by reference is subject to appropriate and timely objection.

     2.  If documents are numerous or voluminous, and a party desires to offer into evidence more than a limited number of these documents as typical of the others, an orderly abstract of relevant data contained in these documents may be prepared and offered as an exhibit. Other parties of record will be given a reasonable opportunity to examine both the abstract and the documents.

     3.  In any proceeding involving detailed accounting exhibits, the Board may require each party to file with the Board, and to serve on each party of record, a copy of these exhibits within a specified time before the hearing to enable the parties of record to study the exhibits and to prepare cross-examination with reference to them.

     4.  Amendments to exhibits may be made after filing with the Board if the amendments do not prejudice the rights of any party or if the amendments contain a clerical or mathematical error.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.326  Presentation of further evidence; late filing of exhibits. (NRS 288.110)

     1.  At any hearing, the Board may order the presentation of further evidence on any issue. The party required to present further evidence will not be restricted from submitting all evidence which the party believes to be relevant to that evidence ordered to be presented.

     2.  Upon stipulation of the parties, the Board may authorize the filing of specific documentary evidence as a part of the record within a fixed time after submission of the evidence. The Board will reserve exhibit numbers for exhibits which are filed late.

     3.  The Board may exclude any exhibit which is filed or offered late.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003)

     NAC 288.328  Admission of evidence into record. (NRS 288.110)  The presiding officer will rule on the admissibility of all evidence subject to the provisions of NAC 288.324 and 288.326. At the conclusion of the hearing, all evidence will be received into the record subject to the rulings of the presiding officer on evidence to which timely objection was made.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R135-03, 10-30-2003; R043-13, 10-24-2014)

     NAC 288.332  Official notice. (NRS 288.110)  The Board may take official notice of the following matters:

     1.  Rules, regulations, official reports, decisions, orders and other findings issued by the Board or any regulatory agency of the State;

     2.  Contents of other findings issued by the Board;

     3.  Matters of common knowledge and technical or scientific facts of established character; and

     4.  Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference. Proper and definite reference to the document must be made by the party offering the document and the document must be generally circulated so that the opportunity is provided to each party of record to examine the document and to present rebuttal evidence. The document must not have been in the sole and exclusive possession of one of the parties before the hearing.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.335  Stipulations. (NRS 288.110)

     1.  With the approval of the Board the parties may stipulate as to any fact in issue, either by written stipulation introduced into evidence as an exhibit or by an oral statement made upon the record. This stipulation is binding only upon the party so stipulating. It is not binding upon the Board.

     2.  The stipulation may be considered by the Board as evidence at the hearing. The Board may require proof of the facts stipulated to by independent evidence, notwithstanding the stipulation of the parties. A stipulation without additional proof is not binding on the Board in its determination of the matter.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.340  Decisions and orders. (NRS 288.110)

     1.  Any decision or order announced outside of a hearing will be in writing. The Board will serve a copy upon each of the parties.

     2.  Decisions and orders announced at a hearing may be stated orally and must be included in the stenographic report of the hearing.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.05, eff. 11-12-71]

     NAC 288.345  Briefs: Order to file; procedure for filing. (NRS 288.110)  In any proceeding, the presiding officer may order briefs to be filed within a reasonable time. Each brief must be filed with the Board and must be accompanied by a certificate showing service on each party of record as provided in NAC 288.200.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R043-13, 10-24-2014; R010-15, 10-27-2015)

     NAC 288.350  Briefs: Filing after hearing. (NRS 288.110)  Any party who desires to file a brief after the hearing must have made a motion at the hearing to be permitted to file a brief after the hearing and had that motion approved by the Board. Any brief permitted by the Board to be filed after the hearing must be filed within the time fixed by the Board.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.12, eff. 11-12-71] — (NAC A 9-30-88)

     NAC 288.360  Rehearings: Petition; procedure; failure to file. (NRS 288.110)

     1.  Either party may, within 15 days after service of a final decision of the Board, file a petition for a rehearing stating the reasons therefor.

     2.  The Board may order a rehearing by requiring the parties to submit any additional evidence or data in support of their respective positions. The Board will not require the repetition of evidence or data previously submitted. Further proceedings and deliberations will be conducted in accordance with the provisions of this chapter.

     3.  The failure of either party to submit a petition for rehearing within 15 days constitutes an agreement that the Board’s decision is a final decision for the purposes of NRS 233B.130.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.14, eff. 1-10-73] — (NAC A 9-30-88; R043-13, 10-24-2014)

     NAC 288.362  Rehearings: Response. (NRS 288.110)  Answers to a petition for rehearing will not be entertained by the Board. If a rehearing is granted by the Board, a response in the nature of an answer may be filed by any party of record within 15 days after the issuance of the order granting a rehearing. The response must be confined to the issues upon which rehearing has been granted and the responding party must serve a copy of the response on each party of record.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88)

     NAC 288.364  Rehearings: Grant or denial; decision. (NRS 288.110)

     1.  The Board will consider a timely petition for rehearing and may grant or deny it not later than 5 days before the date of the expiration of the time frame to file a petition for judicial review set forth in NRS 233B.130. If no action is taken by the Board within the time specified, the petition shall be deemed denied.

     2.  If the Board grants the petition for rehearing, its order granting rehearing will state the issues upon which the petition has been granted. The Board may request the filing of briefs by the parties on issues raised by the petition. No evidence will be taken nor will any hearing be held under this section.

     3.  After reconsidering the issues, the Board, if it is of the opinion that the original order or decision is in any respect unjust, unwarranted, unlawful or in need of change, may abrogate, change or modify the decision, the order or both.

     4.  A decision will be rendered within 45 days after granting a petition for rehearing.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R043-13, 10-24-2014)

     NAC 288.368  Rehearings: Order for modification; modifying order is final order for purposes of judicial review. (NRS 288.090, 288.110)

     1.  Any order modifying a decision or order of the Board issued pursuant to NAC 288.364 incorporates those portions of the prior order or decision which have not been changed or modified by the subsequent order.

     2.  Except as otherwise provided in this subsection, for purposes of judicial review, a modifying order is to be considered the final order of the Board. The modifying order of a panel is to be considered the final order of the Board for purposes of judicial review if the modifying order:

     (a) Is unanimous; or

     (b) Is a split decision and:

          (1) No timely petition for reconsideration by the full Board is filed in accordance with NAC 288.2718, 288.272 and 288.2725; or

          (2) A timely petition for reconsideration is filed but denied by the full Board.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd., eff. 9-30-88; A by R043-13, 10-24-2014; R074-17, 2-27-2018)

     NAC 288.370  Transcripts: Costs. (NRS 288.110)

     1.  Except as otherwise ordered by the Board, the cost of recording or reporting testimony must be divided equally by all parties and a copy must be furnished to the Board. Either party may procure transcripts at his or her expense.

     2.  Other arrangements for the cost of the record may be made by the Board in special hardship cases.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 3.02, eff. 11-12-71; A 1-10-73]

Miscellaneous Provisions

     NAC 288.373  Imposition of sanctions. (NRS 288.110)

     1.  The Board may impose sanctions against a party who fails:

     (a) To comply with an order of the Board;

     (b) Without good cause, to appear at the time and place set for hearing by the Board; or

     (c) To comply with any applicable provisions of this chapter or chapter 288 of NRS.

     2.  The sanctions that may be imposed pursuant to subsection 1 include, without limitation:

     (a) Striking a pleading of a party; and

     (b) Ordering the party to pay to the other party reasonable attorney’s fees and costs.

     (Added to NAC by Local Gov’t Employee-Mgt. Rel. Bd. by R135-03, eff. 10-30-2003)

     NAC 288.375  Dismissal of matter. (NRS 288.110)  The Board may dismiss a matter for any of the following reasons:

     1.  If the Board determines that no probable cause exists for the complaint, or if the complaint has been settled and notice of the settlement has been received by the Board.

     2.  Unless there is a clear showing of special circumstances or extreme prejudice, if the parties have not exhausted their contractual remedies, including all rights to arbitration.

     3.  If the complainant, within a reasonable time, fails to prosecute its complaint.

     4.  If, without good cause shown, an applicant, petitioner or complainant fails to appear at the time and place set for hearing by the Board.

     5.  If an applicant, petitioner or complainant files a spurious or frivolous complaint or a complaint which presents only issues that have been previously decided by the Board.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 2.02, eff. 11-12-71; A 1-10-73; 12-15-75; 8-31-79] — (NAC A 9-30-88; 3-11-96; R135-03, 10-30-2003) — (Substituted in revision for NAC 288.210)

Declaratory Orders

     NAC 288.380  Petition for declaratory order. (NRS 288.110)

     1.  Any recognized employee organization or local government employer may petition the Board for a declaratory order regarding the applicability or interpretation of any statutory provision or of any regulation or decision of the Board. A copy of the petition must be filed with the Board.

     2.  If the petitioner is a local government employer, it shall file a copy of its petition with each of the employee organizations which it has recognized. If the petitioner is a recognized employee organization, it shall file a copy of its petition with the employer which afforded it recognition.

     3.  The petition must contain:

     (a) The name, address, zip code and telephone number of the petitioner;

     (b) A statement of the nature of the petitioner’s interest, including the reasons for the submission of the petition;

     (c) The designation of the specific provision, regulation or decision in question;

     (d) A clear and concise statement of the position of, or contention of, the petitioner;

     (e) A memorandum of authorities, containing a full discussion of their reasons, including legal authorities in support of such a position or contention; and

     (f) The signature of each petitioner.

     4.  Any petition which does not conform to these requirements may be rejected.

     [Local Gov’t Employee-Mgt. Rel. Bd., Nos. 8.01 & 8.02, eff. 11-12-71; A and renumbered as No. 4.01, 1-10-73; No. 8.03, eff. 11-12-71; A and renumbered as No. 4.03, 1-10-73; No. 8.04, eff. 11-12-71; renumbered as No. 4.04, 1-10-73; No. 4.02, eff. 1-10-73]

     NAC 288.390  Response to petition for declaratory order; reply to response. (NRS 288.110)

     1.  Any party served with a petition for a declaratory order may respond to the petition within 20 days by filing his or her response with the Board. The responding party shall also serve a copy of the response upon the petitioner.

     2.  The response must include:

     (a) The full name and address of the petitioner;

     (b) The full name and address of the respondent;

     (c) A clear and concise statement of the facts, including the time and place of the occurrence of the particular acts described in the petition and the names of persons involved; and

     (d) A memorandum of authorities, including legal authorities in support of or in opposition to any position or contention raised by the petitioner.

     3.  A party requesting a petition for a declaratory order may file a reply to any response filed pursuant to this section within 10 days after the date on which the response is served.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 4.05, eff. 1-10-73; A 8-31-79] — (NAC A 9-30-88; R043-13, 10-24-2014; R010-15, 10-27-2015)

     NAC 288.400  Request for hearing. (NRS 288.110)

     1.  Any petitioner who desires a hearing on a petition for a declaratory order shall set forth in detail in his or her request the reason why the matters alleged in the petition and the supporting affidavits or other written evidence in briefs or memorandum of legal authorities do not permit the fair and expeditious disposition of the petition.

     2.  A request for a hearing filed pursuant to this section must be filed within 20 days after service of any response to the petition. Failure to file a request for a hearing may be construed as consent for the Board to issue a declaratory order without holding a hearing.

     3.  The parties shall not file the prehearing statements which are otherwise required by NAC 288.250 unless a request for a hearing filed pursuant to this section is granted by the Board.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 8.09, eff. 11-12-71; A and renumbered as No. 4.10, 1-10-73] — (NAC A by R043-13, 10-24-2014)

     NAC 288.410  Consideration by Board. (NRS 288.110)

     1.  The Board may, for good cause, refuse to issue a declaratory order if:

     (a) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near future;

     (b) The petitioner’s interest is not of the type which would give him or her standing to maintain an action if the petitioner were to seek judicial relief;

     (c) The issuance of the declaratory order may adversely affect the interest of the Board or any of its officers or employees in a litigation which is pending or may reasonably be expected to arise; or

     (d) The matter is not within the jurisdiction of the Board.

     2.  The Board will consider each petition submitted for a declaratory order and will, within a reasonable time after the submission:

     (a) Deny the petition in a written statement containing the Board’s reasons for the denial;

     (b) Set the matter for hearing and proceed according to NAC 288.280 to 288.370, inclusive; or

     (c) Issue a declaratory order on the matters contained in the petition.

     3.  The Board may order a hearing on an unopposed petition for a declaratory order if it is in the best interests of those who may be affected by the order.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 8.06, eff. 11-12-71; A and renumbered as No. 4.06, 1-10-73; A 8-31-79; No. 8.07, eff. 11-12-71; A and renumbered as No. 4.08, 1-10-73; A and renumbered as No. 4.075, 8-31-79; No. 8.08, eff. 11-12-71; A and renumbered as No. 4.09, 1-10-73; No. 4.08, eff. 8-31-79] — (NAC A by R043-13, 10-24-2014)

     NAC 288.420  Intervention. (NRS 288.110)  Any party may intervene subject to the applicable provisions of this chapter.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 8.05, eff. 11-12-71]

Petitions for Adoption, Amendment or Repeal of Regulations

     NAC 288.430  Procedure for consideration of petition for adoption, amendment or repeal of regulations. (NRS 288.110)

     1.  A petition for the adoption, amendment or repeal of a regulation must contain:

     (a) The name, address, zip code and telephone number of each petitioner;

     (b) The signature of each petitioner;

     (c) A statement of the nature of the petitioner’s interest;

     (d) A draft of the substance of the proposed regulation or amendment or a designation of the provisions sought to be repealed;

     (e) A statement of the reasons for the proposed regulation, amendment or repeal; and

     (f) Any other information pertinent to the petition.

     2.  The petition must be filed with the Board.

     3.  The Board will either deny the petition in writing, stating its reasons for the denial, or act in accordance with the procedures provided in chapter 233B of NRS for the adoption, amendment or repeal of regulations.

     4.  Any petition which does not conform to the requirements specified in this section may be rejected.

     [Local Gov’t Employee-Mgt. Rel. Bd., No. 9.02, eff. 11-12-71; A 1-1-72; renumbered as No. 7.02, 1-10-73; No. 9.03, eff. 11-12-71; renumbered as No. 7.03, 1-10-73; No. 9.04, eff. 11-12-71; renumbered as No. 7.04, 1-10-73; No. 9.05, eff. 11-12-71; renumbered as No. 7.05, 1-10-73] — (NAC A 9-30-88)