NAC: CHAPTER 240A - DOCUMENT PREPARATION SERVICES

[Rev. 6/7/2026 11:00:26 AM]

CHAPTER 240A - DOCUMENT PREPARATION SERVICES

[NAC-240A Revised Date: 4-26]

GENERAL PROVISIONS

240A.010 Interpretation of terms used in NRS 240A.030.

240A.020 “Display conspicuously” interpreted.

REGISTRATION AND PRACTICE

240A.030 Registration with Secretary of State: Contents of application; bond required; submission of fingerprints required; process to file cash bond; grounds for rejection of application.

240A.040 Registration with Secretary of State: Notification of change of information; failure to notify grounds for suspension of certificate; reinstatement.

240A.050 Registration with Secretary of State: Contents of renewal application; grounds for rejection of application; penalties for failure to renew certificate of registration.

240A.060 Return of cash bond.

240A.070 Statement included in advertisement for services: Requirements for printed or visual form; requirements for purely verbal form.

DISCIPLINARY ACTION

Complaints and Investigations

240A.080 Complaints about document preparation service: Methods; required information; procedure for notification by Secretary of State; investigation of alleged violation; action upon determination violation occurred.

240A.090 Prohibition against impeding or interfering with investigation of alleged violation.

Hearings

240A.150 Definitions.

240A.170 “Hearing officer” defined.

240A.180 “Party” defined.

240A.190 “Respondent” defined.

240A.200 “Staff” defined.

240A.250 Initiation of proceeding; appointment of hearing officer; filing of complaint.

240A.260 Scheduling and notice of hearing; answer by respondent.

240A.270 Submission of documentary evidence and list of witnesses.

240A.280 Motions.

240A.290 Amendment and withdrawal of complaints.

240A.300 Continuances.

240A.310 Failure to appear.

240A.320 Appearances at hearing; withdrawal of attorney.

240A.330 Subpoenas.

240A.340 Conduct at hearings.

240A.350 Admissibility of evidence; official notice.

240A.360 Procedure for hearing; waiver of provisions.

240A.370 Decision of hearing officer.

240A.380 Transcripts of hearings.

GENERAL PROVISIONS

NAC 240A.010 Interpretation of terms used in NRS 240A.030. (NRS 240A.030, 240A.250) As used in NRS 240A.030:

1. “Employee” does not include independent contractors or persons rendering professional services to an employer on a fee, retainer or contract basis.

2. “Nonprofit organization which qualifies as a tax-exempt organization pursuant to 26 U.S.C. § 501(c)” means a nonprofit organization that:

(a) Is incorporated as a nonprofit corporation pursuant to chapter 81 or 82 of NRS; and

(b) Has received a determination letter from the Internal Revenue Service indicating that the organization is exempt from taxation pursuant to section 501(c) of the Internal Revenue Code.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.020 “Display conspicuously” interpreted. (NRS 240A.160, 240A.170, 240A.250) As used in NRS 240A.160 and 240A.170, “display conspicuously” means to place the required document in an area of a place of business that is readily accessible to the public and where the document is visible and may be read easily by members of the public.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

REGISTRATION AND PRACTICE

NAC 240A.030 Registration with Secretary of State: Contents of application; bond required; submission of fingerprints required; process to file cash bond; grounds for rejection of application. (NRS 240A.100, 240A.250)

1. A person who wishes to engage in the business of a document preparation service must file an application for registration on a form prescribed by the Secretary of State.

2. The application must include, without limitation:

(a) The legal name of the applicant;

(b) The date of birth of the applicant;

(d) If the applicant is a legal resident of the United States:

(1) The alien registration number assigned to the applicant by the United States Citizenship and Immigration Services of the Department of Homeland Security; and

(2) The name listed on the Permanent Resident Card issued to the applicant by the United States Citizenship and Immigration Services of the Department of Homeland Security, if different than the name provided pursuant to paragraph (a);

(e) The social security number of the applicant;

(f) Each physical street address at which the applicant and the employer of the applicant, if applicable, intend to engage in the business of a document preparation service;

(g) The mailing address at which the applicant prefers to receive correspondence from the Secretary of State;

(h) The primary telephone number and electronic mail address of the applicant and any alternative telephone number or electronic mail address that the applicant prefers to use to correspond with the Secretary of State;

(i) The address of any Internet website used by the applicant or the employer of the applicant to market or solicit the document preparation service;

(j) Each name, including any fictitious name, under which the document preparation service operates;

(k) If the document preparation service operates under a fictitious name, proof that the business has complied with the provisions of chapter 602 of NRS;

(l) The number of the state business license of the applicant or the employer of the applicant, as applicable, issued pursuant to NRS 76.100 and the date of expiration of the license;

(m) A statement regarding whether the applicant is licensed to practice law in any jurisdiction and, if so, each jurisdiction in which the applicant is licensed to practice law;

(n) A statement regarding whether the applicant is disqualified from registering as a document preparation service pursuant to subsection 2 of NRS 240A.100;

(o) A statement concerning the payment of child support pursuant to NRS 240A.130;

(p) Affirmation that the applicant understands the obligations and responsibilities of a document preparation service and will comply with applicable provisions of law and be subject to penalties prescribed by law for any violation thereof; and

(q) The signature of the applicant.

3. The application filed pursuant to subsection 1 must be accompanied by:

(a) The bond required pursuant to NRS 240A.120;

(b) Written verification, on a form prescribed by the Secretary of State, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background; and

(c) Written authorization for the Secretary of State to receive the report from the Central Repository regarding the criminal history of the applicant provided pursuant to paragraph (b).

4. If the applicant files a cash bond to comply with the requirements of NRS 240A.120, the applicant must appear in person at the Office of the Secretary of State and submit the bond with a form prescribed by the Secretary of State.

5. The Secretary of State may request any additional information deemed necessary to determine whether an applicant satisfies the requirements for registration as a document preparation service.

6. The Secretary of State may reject any application for registration submitted pursuant to this section if the applicant:

(a) Fails to provide any information requested pursuant to this section; or

(b) Does not comply with any other requirement of this chapter or chapter 240A of NRS.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.040 Registration with Secretary of State: Notification of change of information; failure to notify grounds for suspension of certificate; reinstatement. (NRS 240A.250, 240A.270)

1. If any of the information provided in an application for a certificate of registration as a document preparation service filed pursuant to NAC 240A.030 changes, the registrant must notify the Secretary of State not later than 30 days after the change by submitting a form prescribed by the Secretary of State.

2. If a registrant fails to notify the Secretary of State of any change of information as required pursuant to subsection 1, the Secretary of State may suspend the certificate of registration of the registrant. The Secretary of State may reinstate such a suspended certificate if the registrant corrects the information by submitting the form prescribed pursuant to subsection 1.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.050 Registration with Secretary of State: Contents of renewal application; grounds for rejection of application; penalties for failure to renew certificate of registration. (NRS 240A.110, 240A.250)

1. To renew a certificate of registration as a document preparation service, a registrant must submit an application to renew the certificate at least 30 days before the date of expiration of the certificate. No extensions will be allowed.

2. The application must include, without limitation:

(a) The legal name of the registrant;

(b) The number and date of expiration of the certificate of registration of the registrant;

(c) An affirmation that all information submitted by the registrant pursuant to NAC 240A.030 and 240A.040 on file with the Secretary of State at the time the renewal application is submitted is current and accurate or any correction to this information;

(d) The date of expiration of the state business license issued pursuant to NRS 76.100 under which the document preparation service is operating at the time the renewal application is submitted; and

(e) A statement concerning the payment of child support included pursuant to NRS 240A.130.

3. The Secretary of State may request any additional information deemed necessary to determine whether the registrant satisfies the requirements for renewal.

4. The Secretary of State may reject any application to renew a certificate submitted pursuant to this section if the registrant:

(a) Fails to provide any information requested pursuant to subsection 2; or

(b) Does not comply with any other requirement of this chapter or chapter 240A of NRS.

5. A registrant who fails to renew his or her certificate pursuant to this section is not authorized to engage in the business of a document preparation service after the expiration of the certificate. A person who engages in the business of a document preparation service after the expiration of the certificate is in violation of NRS 240A.100 and is subject to the penalties prescribed by NRS 240A.290.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.060 Return of cash bond. (NRS 240A.120, 240A.250)

1. A person who files a cash bond with the Secretary of State pursuant to NRS 240A.120 may request the return of the bond not sooner than 3 years after:

(a) The date the person has ceased to do business as a document preparation service; or

(b) The date of the expiration or revocation of the certificate of registration.

2. A person requesting the return of a bond must submit the request in writing or on a form prescribed by the Secretary of State. Such a request must include, if known, any identifying number for the filing of the bond and the date on which the bond was filed.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.070 Statement included in advertisement for services: Requirements for printed or visual form; requirements for purely verbal form. (NRS 240A.150, 240A.250)

1. The statement required to be included pursuant to NRS 240A.150 in an advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated in printed form or any other visual form must:

(a) Be included in any printed material, social media account, television broadcast, Internet website or other electronic media which contains a promotion or advertisement of the document preparation services or related services provided by the registrant;

(b) Be sufficiently large as to be read easily;

(c) Be printed in a color that allows the statement to be clearly legible, including, without limitation, black or blue on a white background; and

(d) Contain the number of the certificate of registration issued to the registrant.

2. The statement required to be included pursuant to NRS 240A.150 in an advertisement for the services of a registrant which the registrant disseminates or causes to be disseminated in purely verbal form without any visual component must:

(a) Be clearly articulated; and

(b) Provide the name of the registrant and the number of the certificate of registration issued to the registrant.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

DISCIPLINARY ACTION

Complaints and Investigations

NAC 240A.080 Complaints about document preparation service: Methods; required information; procedure for notification by Secretary of State; investigation of alleged violation; action upon determination violation occurred. (NRS 240A.120, 240A.250)

1. A person may make a complaint with the Secretary of State about a document preparation service by calling the toll-free telephone number established pursuant to NRS 240A.250 or submitting a form for that purpose which is made available on the Internet website of the Secretary of State. The form may be submitted in person, electronically or by mail.

2. A complaint made pursuant to subsection 1 must include, to the extent practicable:

(a) The name of the document preparation service;

(b) The physical street address at which the document preparation service operates;

(d) The reason for the complaint and any statutory provision the document preparation service is alleged to have violated;

(e) A copy of each document relevant to the complaint; and

(f) Any other information deemed relevant by the person who makes the complaint.

3. Not later than 15 business days after a complaint is made pursuant to this section, the Secretary of State will notify the document preparation service that a complaint has been made against the document preparation service. The notice must be sent by certified mail and shall be deemed to have been received by the document preparation service 3 days after the notice is mailed. The notice must include, without limitation:

(a) A description of each allegation contained in the complaint;

(b) Any statutory provision which the document preparation service is alleged to have violated;

(c) An explanation of any disciplinary action that may be taken against the document preparation service if the complaint is verified;

(d) Instructions on the manner in which the document preparation service may respond to the complaint; and

(e) A statement that the document preparation service must respond to the complaint not later than 15 days after receiving the notice.

4. A document preparation service against whom a complaint has been made must respond to the complaint not later than 15 days after receiving the notice described in subsection 3.

5. After receiving the response submitted by the document preparation service or the expiration of the 15-day period for submitting a response pursuant to subsection 4, the Secretary of State will determine whether a violation has likely occurred and, if he or she determines that a violation has likely occurred, may conduct an investigation pursuant to NRS 240A.260. If the Secretary of State determines that a violation:

(a) Has not occurred, he or she will notify the document preparation service and the person who submitted the complaint of this determination and the reasons for the determination.

(b) Has likely occurred, he or she will notify the document preparation service and the person who submitted the complaint that:

(1) An investigation may be conducted pursuant to NRS 240A.260; and

(2) If, after such an investigation, the Secretary of State determines that a violation has occurred, the Secretary of State may take any action authorized pursuant to subsection 2 of NRS 240A.260.

(Added to NAC by Sec’y of State by R136-13, eff. 3-28-2014)

NAC 240A.090 Prohibition against impeding or interfering with investigation of alleged violation. (NRS 240A.250, 240A.260) A registrant shall not impede or otherwise interfere with an investigation conducted by the Secretary of State pursuant to NRS 240A.260, including, without limitation, by:

1. Failing to comply with a request by the Secretary of State to provide documents;

2. Supplying false or misleading information to an investigator or any other officer or agent of the Secretary of State; or

3. Concealing any facts or documents relating to the business of the registrant.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

Hearings

NAC 240A.150 Definitions. (NRS 240A.250, 240A.260) As used in NAC 240A.150 to 240A.380, inclusive, unless the context otherwise requires, the words and terms defined in NAC 240A.170 to 240A.200, inclusive, have the meanings ascribed to them in this those sections.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.170 “Hearing officer” defined. (NRS 240A.250, 240A.260) “Hearing officer” means a person appointed by the Secretary of State to conduct a hearing.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.180 “Party” defined. (NRS 240A.250, 240A.260) “Party” means:

1. The respondent;

2. The attorney, if any, representing the respondent; and

3. The Secretary of State and his or her staff.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.190 “Respondent” defined. (NRS 240A.250, 240A.260) “Respondent” means any person against whom a complaint is initiated by the Secretary of State pursuant to NAC 240A.250 in order to suspend or revoke the person’s registration as a document preparation service or impose a civil penalty.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.200 “Staff” defined. (NRS 240A.250, 240A.260) “Staff” means the employees of the Secretary of State. The term includes, without limitation, the Attorney General and his or her duly appointed deputies when representing the Secretary of State.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.250 Initiation of proceeding; appointment of hearing officer; filing of complaint. (NRS 240A.250, 240A.260) After an investigation conducted pursuant to NRS 240A.260, if the Secretary of State determines that a violation of this chapter or chapter 240A of NRS has occurred and wants to begin proceedings pursuant to NRS 240A.270 to suspend or revoke a person’s registration as a document preparation service or impose a civil penalty pursuant to NRS 240A.260, the Secretary of State will:

1. Appoint a hearing officer who must be a person who did not participate in the investigation or decision of the Secretary of State; and

2. File a complaint with the hearing officer.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.260 Scheduling and notice of hearing; answer by respondent. (NRS 240A.250, 240A.260)

1. The hearing officer must schedule the matter for a hearing within 60 days after receipt of the complaint from the Secretary of State.

2. The hearing officer must give the respondent at least 30 days’ prior notice in writing of the hearing. The notice must include, without limitation:

(a) The complaint, which must include, without limitation, an exact statement of the charges together with copies of all reports, affidavits and depositions in possession of the Secretary of State which may be used in evidence against the respondent.

(b) The date, time and place of the hearing.

3. The notice required pursuant to subsection 2 must be served by personal delivery to the respondent or by certified mail to his or her last known business or home address.

4. Any answer from the respondent must:

(a) Be filed within 20 days after service of the notice; and

(b) Contain an admission or denial of each of the averments contained in the complaint and any defenses upon which the respondent will rely.

5. The answer must be served by personal delivery to the Secretary of State at his or her office in Las Vegas or Carson City or by certified mail to the Secretary of State at his or her office in Las Vegas.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.270 Submission of documentary evidence and list of witnesses. (NRS 240A.250, 240A.260)

1. Not less than 5 working days before a hearing, the respondent shall provide to the Secretary of State:

(a) A copy of all documents that are reasonably available to the respondent which the respondent reasonably anticipates will be used in support of his or her position; and

(b) A list of witnesses whom the respondent intends to call at the time of the hearing, which must include for each witness:

(1) The name and contact information of the witness;

(2) The company for whom the witness works and the title of the witness; and

(3) A brief summary of the expected testimony of the witness.

2. The respondent shall promptly supplement and update any documents and lists provided to the Secretary of State pursuant to this section.

3. If the respondent fails to provide any document required to be provided pursuant to this section, the hearing officer may exclude the document.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.280 Motions. (NRS 240A.250, 240A.260)

1. All motions, unless made during a hearing, must be in writing.

2. A written motion must be served on the opposing party and the hearing officer at least 10 working days before the hearing.

3. An opposing party may file a written response to a motion within 7 working days after the receipt of the motion by serving the written response on all parties and the hearing officer.

4. The hearing officer may require oral argument or the submission of additional information or evidence to decide the motion.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.290 Amendment and withdrawal of complaints. (NRS 240A.250, 240A.260) The complaint may be:

1. Amended at any time.

2. Withdrawn at any time before the hearing begins.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.300 Continuances. (NRS 240A.250, 240A.260) The hearing officer may grant a continuance:

1. Before a hearing, if the respondent demonstrates an inability to prepare for the hearing in a timely manner.

2. Before or during a hearing, if any party demonstrates the need for additional time for submission of further or additional proof on any subject.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.310 Failure to appear. (NRS 240A.250, 240A.260)

1. If a party fails to appear at a hearing and a continuance has not been requested or granted, upon an offer of proof by the other party that the absent party was given proper notice and upon a determination by the hearing officer that proper notice was given, the hearing officer may proceed to consider the case without the participation of the absent party and may dispose of the matter on the basis of the evidence before the hearing officer. If the respondent fails to appear at the hearing or fails to submit an answer to the notice, the charges specified in the complaint may be considered as true.

2. Where, because of accident, sickness or other reasonable cause, a party fails to appear for a hearing or fails to request a continuance, the party may, within a reasonable period of time, not to exceed 15 days, apply to the hearing officer to reopen the proceedings, and the hearing officer, upon finding such cause sufficient and reasonable, will immediately fix a time and place for a hearing and give the parties notice of the hearing. At the time and place fixed, a hearing must be held at which the party may testify in his or her own behalf or present such other evidence as may be beneficial to his or her cause. Witnesses who have previously testified are not required to appear at the second hearing unless so directed by the hearing officer.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.320 Appearances at hearing; withdrawal of attorney. (NRS 240A.250, 240A.260)

1. Parties shall enter their appearance at the beginning of a hearing or at any time as may be designated by the hearing officer.

2. Appearances and representation of parties must be made as follows:

(a) A party is entitled to be heard in person or by his or her attorney.

(b) An attorney appearing as counsel in any proceeding must be an attorney at law, admitted to practice and in good standing before the highest court of this State. If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada, an attorney so admitted and entitled to practice must be associated.

3. Following the entry of an appearance by an attorney for a party, all notices, pleadings and orders thereafter served must be served upon the attorney and service is considered valid service for all purposes upon the party represented.

4. Any attorney of record wishing to withdraw from a proceeding shall, in writing, immediately notify the hearing officer and the party he or she represented.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.330 Subpoenas. (NRS 240A.250, 240A.260)

1. The hearing officer may issue a subpoena requiring the production of books and papers or the attendance of a witness from any place in the State to the place designated for a hearing for the purpose of taking testimony before the hearing officer.

2. A party desiring the hearing officer to issue a subpoena must submit an application in writing to the hearing officer stating the reasons why a subpoena is requested.

3. The hearing officer may require that a subpoena requested by a party for the production of books, papers, accounts or other documents be issued only after the submission of an application in writing which specifies as clearly as may be the books, papers, accounts or other documents desired.

4. The hearing officer, upon receipt of an application for a subpoena, shall:

(a) Grant the application and issue the subpoena;

(b) Deny the application; or

5. All costs incident to a subpoena issued at the request of a respondent must be paid by the respondent, and the hearing officer may demand payment of the costs before the issuance of a subpoena.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.340 Conduct at hearings. (NRS 240A.250, 240.260) A person appearing at a hearing shall conform to the recognized standards of ethical and courteous conduct. All parties to hearings and spectators shall conduct themselves in a respectful manner.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.350 Admissibility of evidence; official notice. (NRS 240A.250, 240A.260)

1. In conducting any hearing, the hearing officer is not bound by the technical rules of evidence, and any informality in any proceeding or in the manner of taking testimony does not invalidate any order or decision of the hearing officer. Rules of evidence before the courts of Nevada may be generally followed but may be relaxed in the discretion of the hearing officer if deviation from the technical rules of evidence will aid in ascertaining the facts.

2. Any evidence offered at a hearing must be material and relevant to the issues of the hearing. The hearing officer may exclude inadmissible, incompetent, repetitious or irrelevant evidence or order that presentation of that evidence be discontinued.

3. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling by the hearing officer. Parties objecting to the introduction of evidence shall briefly state the grounds of objection at the time such evidence is offered. Formal exceptions to rulings are unnecessary and need not be taken.

4. Sworn declarations may be introduced in lieu of testimony if a witness resides outside the State of Nevada.

5. The hearing officer may take official notice of judicially cognizable facts and of recognized technical facts within the specialized knowledge of the hearing officer, including the following matters:

(a) Rules, regulations, official reports, decisions and orders of the Secretary of State and any regulatory agency of the State of Nevada.

(b) Contents of decisions, orders, standards or records of the Secretary of State.

(d) Official documents, if pertinent, when properly introduced into the record of formal proceedings by reference.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.360 Procedure for hearing; waiver of provisions. (NRS 240A.250, 240A.260)

1. The hearing officer shall:

(a) Call the hearing to order and note the appearances of the parties who are present.

(b) Administer the oath to all persons whose testimony will be taken as follows:

Do you and each of you solemnly swear or affirm to tell the truth and nothing but the truth in these proceedings?

(c) Ascertain whether either party desires to have a witness excluded from the hearing room until the witness is called. A witness may be excluded upon the motion of the hearing officer or upon the motion of either party. If a witness is excluded, the witness will be instructed not to discuss the case during the pendency of the proceeding. The respondent and staff must be allowed to remain present at the hearing.

(d) Ascertain whether a copy of the complaint or decision to deny has been filed and whether an answer has been filed as part of the record in the proceedings.

(e) Hear any preliminary motions, stipulations or orders upon which the parties agree and address any administrative details.

(f) Request staff to proceed with the presentation of the Secretary of State’s case.

2. The respondent may cross-examine witnesses in the order that staff presents them.

3. Witnesses or counsel may be questioned by the hearing officer at any time during the proceeding.

4. Evidence which is to be introduced or which is used by a witness:

(a) Must first be marked for identification; and

(b) May be received by the hearing officer at any point during the proceeding.

5. When staff has completed its presentation, the hearing officer shall request the respondent to proceed with the introduction of evidence and calling of witnesses on behalf of the respondent.

6. Staff may cross-examine witnesses in the order that the respondent presents them.

7. When the respondent has completed his or her presentation, staff may call any rebuttal witnesses.

8. When all testimony for staff and the respondent has been given and all evidence has been submitted, the hearing officer may request staff and the respondent to summarize their presentations.

9. The hearing officer may waive or modify any provision of this section if necessary to expedite or ensure the fairness of the hearing.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.370 Decision of hearing officer. (NRS 240A.250, 240A.260)

1. The hearing officer shall issue a decision within 30 days after the completion of the hearing and include in the final decision findings of fact and conclusions of law, separately stated. Findings of fact and decisions must be based upon a preponderance of the evidence.

2. The decision of the hearing officer must be served by sending a copy by certified mail to the parties of record or their representatives. Additional copies of orders may be obtained upon written request.

3. The decision of the hearing officer is a final decision for the purpose of judicial review.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)

NAC 240A.380 Transcripts of hearings. (NRS 240A.250, 240A.260) The hearing officer shall cause a record to be made of the hearing in accordance with NRS 233B.121. Parties desiring copies of transcripts may obtain them from the Office of the Secretary of State upon payment of the fees fixed for them.

(Added to NAC by Sec’y of State by R146-20, eff. 2-28-2022)