NRS 484A.7041 Hearing: Request; bond or deposit required; representation by counsel; determination; appeal.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. If, pursuant to subsection 3 of NRS 484A.704 , a person receiving a civil infraction citation requests a hearing to contest the determination that the person has committed the civil infraction set forth in the citation, the hearing must be conducted in accordance with this section.

2. Except as otherwise provided in this subsection, before a hearing to contest the determination that a person has committed a civil infraction, the court shall require the person to post a bond or deposit cash with the court. The court shall fix the amount of the bond or cash deposit at not more than the amount of the full payment of the monetary penalty, the administrative assessment and any fees specified in the civil infraction citation. Any bond posted or cash deposited with the court pursuant to this subsection must be forfeited upon the court’s finding that the person committed the civil infraction.

Any person whom the court determines is unable to pay the costs of defending the action or is a client of a program for legal aid in accordance with NRS 12.015 must not be required to post a bond or deposit cash with the court in accordance with this subsection.

3. The person who requested the hearing may, at his or her expense, be represented by counsel. A prosecuting attorney may, in his or her discretion, represent the plaintiff. If counsel appears on behalf of the person who requested the hearing, that person is not required to attend the hearing and is deemed to have stipulated to his or her identity as the person who received the civil infraction citation.

4. A hearing conducted pursuant to this section must be conducted by the court without a jury. In lieu of the personal appearance at the hearing by the peace officer who issued the civil infraction citation, the court may consider the information contained in the civil infraction citation and any other written statement submitted under oath by the peace officer. If the court has established a system pursuant to NRS 484A.615 , the peace officer may, if authorized by the court, use the system to submit such a statement.

5. After consideration of the evidence and argument, the court shall determine whether a civil infraction was committed by the person named in the civil infraction citation. The court must find by a preponderance of the evidence that the person named in the civil infraction citation committed a civil infraction. If the peace officer who issued the civil infraction citation fails to appear in person or submit a written statement as described in subsection 4, the court must dismiss the citation unless other evidence, including, without limitation, the information in the citation or testimony from other witnesses, sufficiently establishes that the civil infraction was committed by the person named in the citation.

If the court does not find by a preponderance of the evidence that the infraction was committed by the person named in the citation, the court must enter an order dismissing the civil infraction citation in the court’s records. If the court finds by a preponderance of the evidence that the infraction was committed, the court must enter in the court’s records an order pursuant to NRS 484A.7043 .

6. An appeal from the court’s determination or order may be taken in the same manner as any other civil appeal from a municipal court or justice court, as applicable, except that:

(a)The notice of appeal must be filed not later than 7 calendar days after the court enters in the court’s records an order pursuant to NRS 484A.7043 ;

(b)If the appellant is the person charged with the civil infraction, any bond required to be given by the appellant in order to secure a stay of execution of the order of the court during the pendency of the appeal must equal the amount of the monetary penalty and administrative assessments which the court has ordered the appellant to pay pursuant to NRS 484A.7043 . Any bond must be forfeited if the order of the court is affirmed on appeal; and

(c)If a prosecuting attorney does not represent the plaintiff during the proceedings in the justice court or municipal court, the appellate court shall review the record and any arguments presented by the person charged with the civil infraction and render a decision.