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NRS 630.346

Board, panel or hearing officer not bound by formal rules of evidence; requirements for proof; burden of proof

Applied in 2 court decisions — leading case Board of Medical Examiners v. Potter (1983)

Most recently applied in Nassiri v. Chiropractic Physicians' Bd. (April 2014)

(Added to NRS by 1977, 826; A 1985, 2243; 2001, 770; 2009, 2970; 2011, 2864; 2017, 2846; 2025, 1113)

In any disciplinary hearing:

1. The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123, and a witness must not be barred from testifying solely because the witness was or is incompetent.

2. A finding of the Board must be supported by a preponderance of the evidence.

3. Proof of actual injury need not be established.

4. A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine, genetic counseling, perfusion or respiratory care is conclusive evidence of its occurrence.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.