2005 Nevada Revised Statutes - Chapter 232B — Legislative Review of Public Agencies

CHAPTER 232B - LEGISLATIVE REVIEW OFPUBLIC AGENCIES

 

NRS 232B.010 Agencydefined.

NRS 232B.020 Legislativefindings.

NRS 232B.040 Reviewof agencies by Legislative Commission: Appointment of committees orsubcommittees; report to Legislature.

NRS 232B.051 Considerationsin determining need for continued operation of agency.

NRS 232B.061 Considerationsin determining whether agency is operating efficiently and effectively.

NRS 232B.070 Considerationof agencys statement, conclusion, recommendations and evaluation.

NRS 232B.080 Hearings;report of Legislative Counsel Bureau; burden of proof.

NRS 232B.090 Alternativerecommendations of Legislative Commission to Legislature.

NRS 232B.100 Terminationof agency: Winding up affairs; limitation upon contracts; disposal of property,assets and liabilities.

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NRS 232B.010 Agencydefined. As used in this chapter, unless thecontext otherwise requires, agency means any public agency which theLegislature has designated to be the subject of a review by the LegislativeCommission.

(Added to NRS by 1979, 1838)

NRS 232B.020 Legislativefindings. The Legislature finds that:

1. There has been a substantial increase in the numberof agencies within state government, and a corresponding growth ofadministrative programs and regulations.

2. The proliferation of agencies, programs andregulations has occurred without sufficient accountability for the programs andregulations by the agencies or review by the Legislature.

3. By establishing a method of terminating, continuingor reestablishing agencies in state government, the Legislature will be able toevaluate the need for continuing present agencies or creating new agencies.

(Added to NRS by 1979, 1838)

NRS 232B.040 Reviewof agencies by Legislative Commission: Appointment of committees orsubcommittees; report to Legislature.

1. The Legislative Commission shall conduct thereviews of agencies directed by the Legislature to determine whether eachagency should be terminated, consolidated with another agency or continued. TheLegislative Commission shall begin each review on July 1 of the second yearpreceding the scheduled date for terminating the agency.

2. The Legislative Commission shall determine themembership and method of appointment of committees or subcommittees appointedto carry out the reviews.

3. The Legislative Commission shall transmit itsreview and recommendations to the Legislature at the beginning of its nextregular session.

(Added to NRS by 1979, 1839; A 1981, 226)

NRS 232B.051 Considerationsin determining need for continued operation of agency.In conducting its review of an agency, the Legislative Commission shallobtain, and consider in determining the need for the continued operation of theagency, answers to the following questions:

1. Is there a reasonable relationship between thisexercise of the states police power and the protection of the public health,safety or welfare? Would the absence or reduction of regulation by this agencysignificantly harm or endanger the public health, safety or welfare?

2. Is there another, less restrictive, method ofregulation which could adequately protect the public?

3. Does regulation have the effect of directly orindirectly increasing the cost of any goods or services involved and, if so, isthe increase justified by the protection provided to the public?

4. Are any of the agencys programs or objectivesduplicated by other governmental agencies or nonprofit organizations or byprivate enterprise?

(Added to NRS by 1981, 224)

NRS 232B.061 Considerationsin determining whether agency is operating efficiently and effectively. After the Legislative Commission considers the answers toquestions about the need for the agency, the Legislative Commission shall:

1. Obtain, and consider in determining whether theagency is operating efficiently, answers to the following questions:

(a) Has the agency operated in the public interest? Towhat extent have the agencys operations in the public interest been impeded oraided by existing statutes and by other circumstances, including its budget andpersonnel?

(b) Has the agency handled formal complaints from thepublic concerning persons subject to its regulation efficiently and withdispatch?

(c) Has the agency required or requested persons whomit regulates to assess problems which affect the public in the profession,business or occupation and to report the effect on the public of regulationsand decisions of the agency, particularly regarding improvements in economy andquality of service?

(d) Has the agency encouraged participation by thepublic in making regulations and carrying out its responsibilities?

(e) Does the agency have or require the use of anyunnecessary forms, reports or recordkeeping?

2. Obtain, and consider in determining whether theagency is operating effectively, answers to the following questions:

(a) Are the regulatory statutes well constructed andfree from ambiguity and redundancy?

(b) Does the law provide clear objectives from theagency? Is the agency effectively achieving its statutory objectives and do theresults reflect the intent of the law?

(c) Has the agency recommended changes to the law whichwould benefit the public rather than the persons it regulates?

(d) Do the regulations of the agency accurately reflectthe intent of the legislature and are they in the least restrictive form?

(e) Has the agency restricted the entry of qualifiedapplicants? Has it permitted only qualified applicants to serve the public?

(Added to NRS by 1981, 225)

NRS 232B.070 Considerationof agencys statement, conclusion, recommendations and evaluation. As part of the review of each agency, the LegislativeCommission shall obtain and consider the agencys:

1. Statement of its objectives and programs.

2. Conclusion concerning the effectiveness of itsobjectives and programs.

3. Recommendations for statutory changes which arenecessary for the agency to carry out its objectives and programs.

4. Evaluation of its objectives and programs for theensuing fiscal year.

(Added to NRS by 1979, 1839; A 1981, 226)(Substitutedin revision for NRS 232B.050)

NRS 232B.080 Hearings;report of Legislative Counsel Bureau; burden of proof.

1. The Legislative Commission shall conduct publichearings for the purpose of obtaining comments on, and may require theLegislative Counsel Bureau to submit reports on, the need for the continuedoperation of an agency, and its efficiency and effectiveness.

2. At any hearing held under this chapter, informationmay be presented by:

(a) Members of the general public;

(b) Any person who is regulated by the agency; and

(c) Representatives of the agency.

3. The Legislative Commission shall consider anyreport submitted to it by the Legislative Counsel Bureau.

4. An agency has the burden of proving that there is apublic need for its continued existence or regulatory function.

(Added to NRS by 1979, 1840; A 1981,227)(Substituted in revision for NRS 232B.060)

NRS 232B.090 Alternativerecommendations of Legislative Commission to Legislature.

1. Once the Legislative Commission has obtainedanswers to the questions concerning the publics need for an agency and theefficiency and effectiveness of its operation, the Legislative Commission shalldetermine whether its recommendation to the Legislature should be that theagency be terminated, consolidated with another agency or continued.

2. If the Legislative Commission determines torecommend the termination of the agency, its recommendation must includesuggestions for appropriate direct legislative action, if any, which is madenecessary or desirable by the termination of the agency or by the absence ofregulation by any other administrative agency.

3. If the Legislative Commission determines torecommend the consolidation or continuation of the agency, its recommendationmust include suggestions for appropriate direct legislative action, if any,which would make the operation of the agency or its successor more efficient oreffective.

(Added to NRS by 1981, 225)

NRS 232B.100 Terminationof agency: Winding up affairs; limitation upon contracts; disposal of property,assets and liabilities.

1. An agency may continue in existence until July 1 ofthe year immediately succeeding the effective date of its termination for thepurpose of winding up its affairs, unless the agency has been consolidated withanother.

2. The powers and duties of an agency are notabrogated or otherwise limited during the period between its termination andthe following July 1, but no agency may enter into or let any contract, theperformance of which extends beyond July 1 of the year immediately followingthe year in which it is terminated.

3. The Director of the Department of Administration isresponsible for disposing of any property of a terminated agency. All assetsand liabilities of an agency which has been consolidated with another must betaken over by the successor agency. Money in the State Treasury which is heldin a special fund for an agency which has been terminated reverts to the StateGeneral Fund on July 1 of the year immediately following the year in which theagency was terminated.

(Added to NRS by 1979, 1838; A 1993, 1493)

 

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