2005 Nevada Revised Statutes - Chapter 233B — Nevada Administrative Procedure Act

CHAPTER 233B - NEVADA ADMINISTRATIVEPROCEDURE ACT

GENERAL PROVISIONS

NRS 233B.010 Shorttitle.

NRS 233B.020 Legislativeintent.

NRS 233B.030 Definitions.

NRS 233B.031 Agencydefined.

NRS 233B.032 Contestedcase defined.

NRS 233B.033 Emergencyregulation defined.

NRS 233B.034 Licenseand licensing defined.

NRS 233B.035 Partydefined.

NRS 233B.036 Permanentregulation defined.

NRS 233B.037 Persondefined.

NRS 233B.038 Regulationdefined.

NRS 233B.0382 Smallbusiness defined.

NRS 233B.0385 Temporaryregulation defined.

NRS 233B.039 Applicability.

ADMINISTRATIVE REGULATIONS

NRS 233B.0395 Ratificationof Nevada Administrative Code.

NRS 233B.040 Regulations:Adoption; enforcement; contents; adoption of material by reference.

NRS 233B.045 Treatmentof regulations adopted by certain entities other than agencies.

NRS 233B.050 Rulesof practice; public inspection of regulations, orders, decisions and opinions;review of rules of practice and regulations; validity.

NRS 233B.060 Noticeof adoption, amendment or repeal of regulation; adoption of permanentregulation after adoption of temporary regulation.

NRS 233B.0603 Contentsand form of notice of intent to adopt, amend or repeal regulation; solicitationof comments from public and affected businesses.

NRS 233B.0607 Proposedregulation: Filing; availability; contents.

NRS 233B.0608 Proposedregulation: Determination of impact on small businesses; consultation withowners and officers of small businesses; consideration of methods to reduceimpact on small businesses; preparation of small business impact statement.

NRS 233B.0609 Contentsof small business impact statement.

NRS 233B.061 Proposedregulation: Public comment, workshop and hearing; record of hearing.

NRS 233B.0613 Emergencyregulation.

NRS 233B.0617 Limitationon objections to regulation.

NRS 233B.062 Guidelinesfor drafting regulations; permanent regulations to be incorporated in NevadaAdministrative Code; distribution of certain emergency and temporaryregulations.

NRS 233B.063 Submissionto Legislative Counsel of proposal to adopt, amend or repeal permanentregulation; duties of Legislative Counsel; adoption of temporary regulation.

NRS 233B.0633 Temporaryregulations: Review by Legislative Commission; duties of Legislative Counsel.

NRS 233B.0635 Reimbursementof Legislative Counsel Bureau for cost of examination and revision.

NRS 233B.064 Permanentregulation not to be adopted until text approved or revised by LegislativeCounsel; agencys reasons for adoption.

NRS 233B.065 Productionand distribution of Nevada Administrative Code.

NRS 233B.0653 Registerof Administrative Regulations: Contents; frequency of publication; distributionand sale; immunity for omissions.

NRS 233B.0656 Registerof Administrative Regulations: Access via Internet.

NRS 233B.0658 Explanatorystatement required concerning emergency actions; contents of statement;inclusion in Register of Administrative Regulations.

NRS 233B.066 Informationalstatement required concerning adopted regulation; contents of statement.

NRS 233B.0665 Failureto submit informational statement concerning permanent regulation.

NRS 233B.067 Permanentregulations: Review by Legislative Commission or subcommittee to reviewregulations; appointment of members to subcommittee.

NRS 233B.0675 Permanentregulations: Objection by Legislative Commission or subcommittee to reviewregulations; revision and resubmission by agency.

NRS 233B.0681 Earlyreview of permanent regulation by Legislative Commission; waiver of review.

NRS 233B.070 Effectivedate and dissemination of regulation; duties of Secretary of State.

NRS 233B.080 Inactivefiles of Secretary of State.

NRS 233B.090 Rebuttablepresumption of regularity of adoption and filing of regulation.

NRS 233B.100 Petitionfor adoption, filing, amendment or repeal of regulation; amendment orsuspension of regulation by Governor.

NRS 233B.105 Objectionto adopted regulation by small business; basis and procedure for objection;amendment of regulation.

NRS 233B.110 Declaratoryjudgment to determine validity or applicability of regulation.

NRS 233B.115 LegislativeCommission: Review of forms; revision and resubmission by agency; procedureupon refusal of agency to revise form.

NRS 233B.120 Petitionsfor declaratory orders and advisory opinions; disposition.

ADJUDICATION OF CONTESTED CASES

NRS 233B.121 Notice of hearing incontested case; contents of notice; representation by counsel; opportunity torespond and present evidence; informal disposition; contents of record;transcriptions; findings of fact.

NRS 233B.122 Certain members ofagency prohibited from taking part in adjudication; replacement of disqualifiedofficer.

NRS 233B.123 Evidence.

NRS 233B.1233 Administration ofoath or affirmation to witness.

NRS 233B.1235 Person withdisability entitled to services of interpreter at hearing.

NRS 233B.124 Procedure whenmajority of agencys officers rendering final decision have not heard case orread record: Service of proposal for decision; oral argument.

NRS 233B.125 Contents of adversewritten decision or order; notice; copies.

NRS 233B.126 Limitations oncommunications of agencys members or employees rendering decision or makingfindings of fact and conclusions of law.

NRS 233B.127 Applicability ofchapter to grant, denial or renewal of license; expiration of license; noticeof adverse action by agency; summary suspension of license; restriction ofadmission of person as party to contested case involving license.

NRS 233B.130 Judicial review;requirements for petition; statement of intent to participate; petition forrehearing.

NRS 233B.131 Transmittal ofrecord of proceedings to reviewing court by agency; additional evidence;modification of findings by agency.

NRS 233B.133 Memoranda of pointsand authorities: Time for filing memorandum and reply; request for hearing;required form.

NRS 233B.135 Judicial review:Manner of conducting; burden of proof; standard for review.

NRS 233B.140 Procedure for stayof final decision; ruling by court.

NRS 233B.150 Appeal from finaljudgment of district court.

_________

GENERAL PROVISIONS

NRS 233B.010 Shorttitle. This chapter may be cited as the NevadaAdministrative Procedure Act.

(Added to NRS by 1965, 962)

NRS 233B.020 Legislativeintent.

1. By this chapter, the Legislature intends toestablish minimum procedural requirements for the regulation-making andadjudication procedure of all agencies of the Executive Department of the StateGovernment and for judicial review of both functions, except those agenciesexpressly exempted pursuant to the provisions of this chapter. This chapterconfers no additional regulation-making authority upon any agency except to theextent provided in subsection 1 of NRS233B.050.

2. The provisions of this chapter are intended tosupplement statutes applicable to specific agencies. This chapter does notabrogate or limit additional requirements imposed on such agencies by statuteor otherwise recognized by law.

(Added to NRS by 1965, 962; A 1973, 472; 1977, 1384)

NRS 233B.030 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS233B.031 to 233B.0385, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1965, 962; A 1967, 807; 1971, 661;1975, 1790; 1977, 1384; 1999, 2072)

NRS 233B.031 Agencydefined. Agency means an agency, bureau,board, commission, department, division, officer or employee of the Executive Departmentof the State Government authorized by law to make regulations or to determinecontested cases.

(Added to NRS by 1977, 1382)

NRS 233B.032 Contestedcase defined. Contested case means a proceeding,including but not restricted to rate making and licensing, in which the legalrights, duties or privileges of a party are required by law to be determined byan agency after an opportunity for hearing, or in which an administrativepenalty may be imposed.

(Added to NRS by 1977, 1382)

NRS 233B.033 Emergencyregulation defined. Emergency regulationmeans a regulation adopted pursuant to NRS233B.0613.

(Added to NRS by 1977, 1382; A 1983, 1123)

NRS 233B.034 Licenseand licensing defined. License means thewhole or part of any agency permit, certificate, approval, registration,charter or similar form of permission required by law. Licensing means theagency procedure whereby the license is granted, denied, revoked, suspended,annulled, withdrawn or amended.

(Added to NRS by 1977, 1382)

NRS 233B.035 Partydefined. Party means each person or agencynamed or admitted as a party, or properly seeking and entitled as of right tobe admitted as a party, in any contested case.

(Added to NRS by 1977, 1383)

NRS 233B.036 Permanentregulation defined. Permanent regulation meansa regulation which is not an emergency regulation or a temporary regulation.

(Added to NRS by 1977, 1383)

NRS 233B.037 Persondefined. Person includes any politicalsubdivision or public or private organization of any character other than an agency.

(Added to NRS by 1977, 1383; A 1985, 513)

NRS 233B.038 Regulationdefined.

1. Regulation means:

(a) An agency rule, standard, directive or statement ofgeneral applicability which effectuates or interprets law or policy, ordescribes the organization, procedure or practice requirements of any agency;

(b) A proposed regulation;

(c) The amendment or repeal of a prior regulation; and

(d) The general application by an agency of a writtenpolicy, interpretation, process or procedure to determine whether a person isin compliance with a federal or state statute or regulation in order to assessa fine, monetary penalty or monetary interest.

2. The term does not include:

(a) A statement concerning only the internal managementof an agency and not affecting private rights or procedures available to thepublic;

(b) A declaratory ruling;

(c) An intraagency memorandum;

(d) A manual of internal policies and procedures oraudit procedures of an agency which is used solely to train or provide guidanceto employees of the agency and which is not used as authority in a contestedcase to determine whether a person is in compliance with a federal or statestatute or regulation;

(e) An agency decision or finding in a contested case;

(f) An advisory opinion issued by an agency that is notof general applicability;

(g) A published opinion of the attorney general;

(h) An interpretation of an agency that has statutoryauthority to issue interpretations;

(i) Letters of approval, concurrence or disapprovalissued in relation to a permit for a specific project or activity;

(j) A contract or agreement into which an agency hasentered;

(k) The provisions of a federal law, regulation orguideline;

(l) An emergency action taken by an agency that isnecessary to protect public health and safety;

(m) The application by an agency of a policy,interpretation, process or procedure to a person who has sufficient prioractual notice of the policy, interpretation, process or procedure to determinewhether the person is in compliance with a federal or state statute orregulation in order to assess a fine, monetary penalty or monetary interest;

(n) A regulation concerning the use of public roads orfacilities which is indicated to the public by means of signs, signals andother traffic-control devices that conform with the manual and specificationsfor a uniform system of official traffic-control devices adopted pursuant to NRS 484.781; or

(o) The classification of wildlife or the designationof seasons for hunting, fishing or trapping by regulation of the Board ofWildlife Commissioners pursuant to the provisions of title 45 of NRS.

(Added to NRS by 1977, 1383; A 1999, 2406)

NRS 233B.0382 Smallbusiness defined. Small business means abusiness conducted for profit which employs fewer than 150 full-time orpart-time employees.

(Added to NRS by 1999, 2070)

NRS 233B.0385 Temporaryregulation defined. Temporary regulationmeans:

1. A regulation adopted pursuant to subsection 3 of NRS 233B.063; or

2. Any other regulation which is effective for 120days or less and which is not an emergency regulation.

(Added to NRS by 1977, 1383)

NRS 233B.039 Applicability.

1. The following agencies are entirely exempted fromthe requirements of this chapter:

(a) The Governor.

(b) The Department of Corrections.

(c) The Nevada System of Higher Education.

(d) The Office of the Military.

(e) The State Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140, the Nevada Gaming Commission.

(g) The Division of Welfare and Supportive Services ofthe Department of Health and Human Services.

(h) The Division of Health Care Financing and Policy ofthe Department of Health and Human Services.

(i) The State Board of Examiners acting pursuant to chapter 217 of NRS.

(j) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

(k) The Division of Industrial Relations of theDepartment of Business and Industry acting to enforce the provisions of NRS 618.375.

(l) The Administrator of the Division of IndustrialRelations of the Department of Business and Industry in establishing andadjusting the schedule of fees and charges for accident benefits pursuant tosubsection 2 of NRS 616C.260.

(m) The Board to Review Claims in adopting resolutionsto carry out its duties pursuant to NRS590.830.

2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education,the Board of the Public Employees Benefits Program and the Commission onProfessional Standards in Education are subject to the provisions of thischapter for the purpose of adopting regulations but not with respect to any contestedcase.

3. The special provisions of:

(a) Chapter 612 of NRSfor the distribution of regulations by and the judicial review of decisions ofthe Employment Security Division of the Department of Employment, Training andRehabilitation;

(b) Chapters 616A to617, inclusive, of NRS for the determinationof contested claims;

(c) Chapter 703 of NRSfor the judicial review of decisions of the Public Utilities Commission ofNevada;

(d) Chapter 91 of NRSfor the judicial review of decisions of the Administrator of the SecuritiesDivision of the Office of the Secretary of State; and

(e) NRS 90.800for the use of summary orders in contested cases,

prevail overthe general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Departmentof Health and Human Services in the adjudication of contested cases involvingthe issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but notlimited to, quarantine and the treatment or cleansing of infected or infestedanimals, objects or premises, made under the authority of the State Board ofAgriculture, the State Board of Health, or any other agency of this State inthe discharge of a responsibility for the preservation of human or animalhealth or for insect or pest control;

(b) An extraordinary regulation of the State Board ofPharmacy adopted pursuant to NRS 453.2184;or

(c) A regulation adopted by the State Board ofEducation pursuant to NRS 392.644 or 394.1694.

6. The State Board of Parole Commissioners is subjectto the provisions of this chapter for the purpose of adopting regulations butnot with respect to any contested case.

(Added to NRS by 1977, 1383; A 1979, 492, 1639; 1981,1398, 2045, 2046; 1983, 183, 970, 1528; 1985, 1366; 1987, 327, 1014, 1294,2191; 1989, 160, 1650; 1991, 663, 1665; 1993, 367, 859, 1493, 2084, 2085; 1995,128, 582; 1997, 1973, 2607, 3342; 1999, 581, 590, 2242, 2407, 3039, 3044; 2001, 158, 963, 1334; 2001 Special Session,233; 2003, 289,306, 2165; 2003, 20thSpecial Session, 191; 2005, 22ndSpecial Session, 144)

ADMINISTRATIVE REGULATIONS

NRS 233B.0395 Ratificationof Nevada Administrative Code. The NevadaAdministrative Code as most recently revised or supplemented before May 15,1987, and the text of those regulations which have been prepared by theLegislative Counsel for inclusion in the Nevada Administrative Code on orbefore May 15, 1987, but have not been included, are hereby ratified.

(Added to NRS by 1987, 1581)

NRS 233B.040 Regulations:Adoption; enforcement; contents; adoption of material by reference.

1. To the extent authorized by the statutes applicableto it, each agency may adopt reasonable regulations to aid it in carrying outthe functions assigned to it by law and shall adopt such regulations as arenecessary to the proper execution of those functions. If adopted and filed inaccordance with the provisions of this chapter, the following regulations havethe force of law and must be enforced by all peace officers:

(a) The Nevada Administrative Code; and

(b) Temporary and emergency regulations.

In everyinstance, the power to adopt regulations to carry out a particular function islimited by the terms of the grant of authority pursuant to which the functionwas assigned.

2. Every regulation adopted by an agency must include:

(a) A citation of the authority pursuant to which it,or any part of it, was adopted; and

(b) The address of the agency and, to the extent notelsewhere provided in the regulation, a brief explanation of the procedures forobtaining clarification of the regulation or relief from the strict applicationof any of its terms, if the agency is authorized by a specific statute to grantsuch relief, or otherwise dealing with the agency in connection with theregulation.

3. An agency may adopt by reference in a regulationmaterial published by another authority in book or pamphlet form if:

(a) It files one copy of the publication with theSecretary of State and one copy with the State Library and ArchivesAdministrator, and makes at least one copy available for public inspection withits regulations; and

(b) The reference discloses the source and price forpurchase of the publication.

An agencyshall not attempt to incorporate any other material in a regulation by reference.

(Added to NRS by 1965, 963; A 1971, 804; 1977, 1385;1985, 366, 1488; 1997, 3151)

NRS 233B.045 Treatmentof regulations adopted by certain entities other than agencies. The Legislative Counsel shall treat regulations adopted byentities other than agencies in the same manner as regulations adopted byagencies if the entity is required by statute to adopt the regulation in themanner prescribed by this chapter.

(Added to NRS by 2001, 2316)

NRS 233B.050 Rulesof practice; public inspection of regulations, orders, decisions and opinions;review of rules of practice and regulations; validity.

1. In addition to other regulation-making requirementsimposed by law, each agency shall:

(a) Adopt rules of practice, setting forth the natureand requirements of all formal and informal procedures available, including adescription of all forms and instructions used by the agency.

(b) Make available for public inspection all rules ofpractice and regulations adopted or used by the agency in the discharge of itsfunctions and that part of the Nevada Administrative Code which contains itsregulations.

(c) Make available for public inspection all finalorders, decisions and opinions except those expressly made confidential orprivileged by statute.

(d) Review its rules of practice at least once every 3years and file with the Secretary of State a statement setting forth the dateon which the most recent review of those rules was completed and describing anyrevisions made as a result of the review.

(e) Review its regulations at least once every 10 yearsto determine whether it should amend or repeal any of the regulations. Within30 days after completion of the review, the agency shall submit a report to theLegislative Counsel for distribution to the next regular session of theLegislature. The report must include the date on which the agency completed itsreview of the regulations and describe any regulation that must be amended orrepealed as a result of the review.

2. A regulation, rule, final order or decision of anagency is not valid or effective against any person or party, nor may it beinvoked by the agency for any purpose, until it has been made available forpublic inspection as required in this section, except that this provision doesnot apply in favor of any person or party who has actual knowledge thereof.

(Added to NRS by 1965, 963; A 1977, 1386; 1979, 972;1995, 129; 1997, 184; 1999,2203)

NRS 233B.060 Noticeof adoption, amendment or repeal of regulation; adoption of permanentregulation after adoption of temporary regulation.

1. Except as otherwise provided in subsection 2 and inNRS 233B.061, before adopting,amending or repealing any permanent or temporary regulation, the agency mustgive at least 30 days notice of its intended action, unless a shorter periodof notice is specifically permitted by statute.

2. Except as otherwise provided in subsection 3, if anagency has adopted a temporary regulation after notice and the opportunity fora hearing as provided in this chapter, it may adopt, after providing a secondnotice and the opportunity for a hearing, a permanent regulation, but thelanguage of the permanent regulation must first be approved or revised by theLegislative Counsel and the adopted regulation is subject to review by theLegislative Commission.

3. If the Public Utilities Commission of Nevada hasadopted a temporary regulation after notice and the opportunity for a hearingas provided in this chapter, it may adopt a substantively equivalent permanentregulation without further notice or hearing, but the language of the permanentregulation must first be approved or revised by the Legislative Counsel and theadopted regulation is subject to review by the Legislative Commission.

(Added to NRS by 1965, 964; A 1973, 621; 1975, 1157,1413; 1977, 1386, 1547, 1549; 1981, 186; 1983, 1123, 1244; 1995, 130; 1997,1973)

NRS 233B.0603 Contentsand form of notice of intent to adopt, amend or repeal regulation; solicitationof comments from public and affected businesses.

1. The notice of intent to act upon a regulation must:

(a) Include:

(1) A statement of the need for and purpose ofthe proposed regulation.

(2) Either the terms or substance of theproposed regulation or a description of the subjects and issues involved.

(3) A statement of the estimated economic effectof the regulation on the business which it is to regulate and on the public.These must be stated separately and in each case must include:

(I) Both adverse and beneficial effects;and

(II) Both immediate and long-term effects.

(4) A statement identifying the methods used bythe agency in determining the impact on a small business prepared pursuant tosubsection 3 of NRS 233B.0608.

(5) The estimated cost to the agency forenforcement of the proposed regulation.

(6) A description of any regulations of otherstate or local governmental agencies which the proposed regulation overlaps orduplicates and a statement explaining why the duplication or overlapping isnecessary. If the regulation overlaps or duplicates a federal regulation, thenotice must include the name of the regulating federal agency.

(7) If the regulation is required pursuant tofederal law, a citation and description of the federal law.

(8) If the regulation includes provisions whichare more stringent than a federal regulation that regulates the same activity,a summary of such provisions.

(9) The time when, the place where and themanner in which interested persons may present their views regarding theproposed regulation.

(b) State each address at which the text of theproposed regulation may be inspected and copied.

(c) Include an exact copy of the provisions ofsubsection 2 of NRS 233B.064.

(d) Include a statement indicating whether theregulation establishes a new fee or increases an existing fee.

(e) Be mailed to all persons who have requested inwriting that they be placed upon a mailing list, which must be kept by theagency for that purpose.

(f) Be submitted to the Legislative Counsel Bureau forinclusion in the Register of Administrative Regulations created pursuant to NRS 233B.0653. The publication of anotice of intent to act upon a regulation in the register does not satisfy therequirements for notice set forth in paragraph (e) of this subsection.

2. The Attorney General may by regulation prescribethe form of notice to be used.

3. In addition to distributing the notice toeach recipient of the agencys regulations, the agency shall also solicitcomment generally from the public and from businesses to be affected by theproposed regulation.

(Added to NRS by 1983, 1124; A 1995, 130, 239; 1997,184, 1390; 2005, 1479)

NRS 233B.0607 Proposedregulation: Filing; availability; contents.

1. The agency shall at the time of giving the notice:

(a) Deposit one copy of the notice and text of theproposed regulation with the State Library and Archives Administrator;

(b) Keep at least one copy of the notice and textavailable in each of its offices from the date of the notice to the date of thehearing, for inspection and copying by the public; and

(c) If the agency does not maintain an office in acounty, deposit one copy of the notice and text with the librarian of the main publiclibrary in the county.

2. The text of the proposed regulation so disseminatedmust include the entire text of any section of the Nevada Administrative Codewhich is proposed for amendment or repeal.

3. After the final draft or revision of an adoptedregulation is received each such librarian may discard the deposited copy ofthe proposed regulation.

(Added to NRS by 1983, 1125; A 1983, 1245; 1985,1489; 1995, 130; 1997, 3151)

NRS 233B.0608 Proposedregulation: Determination of impact on small businesses; consultation withowners and officers of small businesses; consideration of methods to reduceimpact on small businesses; preparation of small business impact statement.

1. Before conducting a workshop for a proposedregulation pursuant to NRS 233B.061,an agency shall determine whether the proposed regulation is likely to:

(a) Impose a direct and significant economic burdenupon a small business; or

(b) Directly restrict the formation, operation orexpansion of a small business.

2. If an agency determines pursuant to subsection 1that a proposed regulation is likely to impose a direct and significanteconomic burden upon a small business or directly restrict the formation,operation or expansion of a small business, the agency shall:

(a) Insofar as practicable, consult with owners andofficers of small businesses that are likely to be affected by the proposedregulation.

(b) Consider methods to reduce the impact of the proposedregulation on small businesses, including, without limitation:

(1) Simplifying the proposed regulation;

(2) Establishing different standards ofcompliance for a small business; and

(3) Modifying a fee or fine set forth in theregulation so that a small business is authorized to pay a lower fee or fine.

(c) Prepare a small business impact statement and makecopies of the statement available to the public at the workshop conducted andthe public hearing held pursuant to NRS233B.061.

3. The agency shall prepare a statement identifyingthe methods used by the agency in determining the impact of a proposedregulation on a small business.

(Added to NRS by 1999, 2070; A 2005, 1480)

NRS 233B.0609 Contentsof small business impact statement. A smallbusiness impact statement prepared pursuant to NRS 233B.0608 must set forth thefollowing information:

1. A description of the manner in which comment wassolicited from affected small businesses, a summary of their response and anexplanation of the manner in which other interested persons may obtain a copyof the summary.

2. The estimated economic effect of the proposedregulation on the small businesses which it is to regulate, including, withoutlimitation:

(a) Both adverse and beneficial effects; and

(b) Both direct and indirect effects.

3. A description of the methods that the agencyconsidered to reduce the impact of the proposed regulation on small businessesand a statement regarding whether the agency actually used any of thosemethods.

4. The estimated cost to the agency for enforcement ofthe proposed regulation.

5. If the proposed regulation provides a new fee orincreases an existing fee, the total annual amount the agency expects to collectand the manner in which the money will be used.

6. If the proposed regulation includes provisionswhich duplicate or are more stringent than federal, state or local standardsregulating the same activity, an explanation of why such duplicative or morestringent provisions are necessary.

(Added to NRS by 1999, 2071)

NRS 233B.061 Proposedregulation: Public comment, workshop and hearing; record of hearing.

1. All interested persons must be afforded areasonable opportunity to submit data, views or arguments upon a proposedregulation, orally or in writing.

2. Before holding the public hearing required pursuantto subsection 3, an agency shall conduct at least one workshop to solicitcomments from interested persons on one or more general topics to be addressedin a proposed regulation. Not less than 15 days before the workshop, the agencyshall provide notice of the time and place set for the workshop:

(a) In writing to each person who has requested to beplaced on a mailing list; and

(b) In any other manner reasonably calculated toprovide such notice to the general public and any business that may be affectedby a proposed regulation which addresses the general topics to be considered atthe workshop.

3. With respect to substantive regulations, the agencyshall set a time and place for an oral public hearing, but if no one appearswho will be directly affected by the proposed regulation and requests an oralhearing, the agency may proceed immediately to act upon any writtensubmissions. The agency shall consider fully all written and oral submissionsrespecting the proposed regulation.

4. The agency shall keep, retain and make availablefor public inspection written minutes and an audio recording or transcript ofeach public hearing held pursuant to subsection 3 in the manner provided in NRS 241.035.

(Added to NRS by 1983, 1125; A 1989, 571; 1997, 185; 2005, 1407)

NRS 233B.0613 Emergencyregulation.

1. If an agency determines that an emergency exists,it shall submit to the Governor a written statement of the emergency which setsforth the reasons for the determination. If the Governor endorses the statementof the emergency by written endorsement at the end of the full text of thestatement of emergency on the original copy of a proposed regulation, theregulation may be adopted and become effective immediately upon its being filedin the Office of the Secretary of State pursuant to subsection 3 of NRS 233B.070. The statement of theemergency endorsed by the Governor must be included as a part of the regulationfor all purposes. A regulation so adopted may be effective for a period of notlonger than 120 days. A regulation may be adopted by this emergency procedureonly once.

2. If an agency adopts, after providing notice and theopportunity for a hearing as required in this chapter, a permanent or temporaryregulation which becomes effective and is substantially identical to itseffective emergency regulation, the emergency regulation expires automaticallyon the effective date of the temporary or permanent regulation.

(Added to NRS by 1983, 1125; A 1983, 1245; 1995, 131,2580; 2003, 2005)

NRS 233B.0617 Limitationon objections to regulation. No regulationadopted after July 1, 1965, is valid unless adopted in substantial compliancewith this chapter but no objection to any regulation on the ground ofnoncompliance with the procedural requirements of NRS 233B.060 to 233B.0617, inclusive, may be made morethan 2 years after its effective date. Regulations in effect on July 1, 1965,continue in effect until amended or repealed in accordance with the provisionsof this chapter, if an original and two copies were deposited with theSecretary of State on or before July 1, 1965.

(Added to NRS by 1983, 1125)

NRS 233B.062 Guidelinesfor drafting regulations; permanent regulations to be incorporated in NevadaAdministrative Code; distribution of certain emergency and temporaryregulations.

1. It is the policy of this state that everyregulation of an agency be made easily accessible to the public and expressedin clear and concise language. To assist in carrying out this policy:

(a) The Attorney General must develop guidelines fordrafting regulations; and

(b) Every permanent regulation must be incorporated, excludingany forms used by the agency, any publication adopted by reference, the title,any signature and other formal parts, in the Nevada Administrative Code, andevery emergency or temporary regulation must be distributed in the same manneras the Nevada Administrative Code.

2. The Legislative Counsel shall:

(a) Include each permanent regulation in the NevadaAdministrative Code; and

(b) Distribute in the same manner as the NevadaAdministrative Code each emergency or temporary regulation,

that isrequired to be adopted pursuant to the provisions of this chapter and which isadopted by an entity other than an agency.

3. The Legislative Commission may authorize inclusionin the Nevada Administrative Code of the regulations of an agency otherwiseexempted from the requirements of this chapter.

(Added to NRS by 1977, 1381; A 1997, 186, 1391; 2001, 1422)

NRS 233B.063 Submissionto Legislative Counsel of proposal to adopt, amend or repeal permanentregulation; duties of Legislative Counsel; adoption of temporary regulation.

1. At or before the time of giving notice of itsintention to adopt, amend or repeal a permanent regulation an agency shalldeliver to the Legislative Counsel a copy of the proposed regulation oramendment or an identification of the regulation to be repealed. TheLegislative Counsel shall examine and if appropriate revise the languagesubmitted so that it is clear, concise and suitable for incorporation in the NevadaAdministrative Code, but shall not alter the meaning or effect without theconsent of the agency.

2. Unless the proposed regulation is submitted to himbetween July 1 of an even-numbered year and July 1 of the succeedingodd-numbered year, the Legislative Counsel shall deliver the approved orrevised text of the regulation within 30 days after it is submitted to him. Ifthe proposed or revised text of a regulation is changed before adoption, theagency shall submit the changed text to the Legislative Counsel, who shallexamine and revise it if appropriate pursuant to the standards of subsection 1.Unless it is submitted between July 1 of an even-numbered year and July 1 ofthe succeeding odd-numbered year, the Legislative Counsel shall return it withany appropriate revisions within 30 days. If the agency is a licensing board asdefined in NRS 439B.225 and theproposed regulation relates to standards for licensing or registration or forthe renewal of a license or a certificate of registration issued to a person orfacility regulated by the agency, the Legislative Counsel shall also deliverone copy of the approved or revised text of the regulation to the LegislativeCommittee on Health Care.

3. An agency may adopt a temporary regulation betweenAugust 1 of an even-numbered year and July 1 of the succeeding odd-numberedyear without following the procedure required by this section and NRS 233B.064, but any such regulationexpires by limitation on November 1 of the odd-numbered year. A substantivelyidentical permanent regulation may be subsequently adopted.

4. An agency may amend or suspend a permanentregulation between August 1 of an even-numbered year and July 1 of thesucceeding odd-numbered year by adopting a temporary regulation in the samemanner and subject to the same provisions as prescribed in subsection 3.

(Added to NRS by 1977, 1381; A 1989, 57, 621; 1991,940; 1993, 514; 2003,2005)

NRS 233B.0633 Temporaryregulations: Review by Legislative Commission; duties of Legislative Counsel.

1. Upon the request of a Legislator, the LegislativeCommission may examine a temporary regulation adopted by an agency that is notyet effective pursuant to subsection 2 of NRS233B.070 to determine whether the temporary regulation conforms to thestatutory authority pursuant to which it was adopted and whether the temporaryregulation carries out the intent of the Legislature in granting thatauthority.

2. If a temporary regulation that the LegislativeCommission is requested to examine pursuant to subsection 1 was required to beadopted by the agency pursuant to a federal statute or regulation and thetemporary regulation exceeds the specific statutory authority of the agency orsets forth requirements that are more stringent than a statute of this state,the agency shall submit a statement to the Legislative Commission that adoptionof the temporary regulation was required by a federal statute or regulation.The statement must include the specific citation of the federal statute orregulation requiring such adoption.

3. The Legislative Commission shall review thetemporary regulation at its next regularly scheduled meeting if the temporaryregulation is received more than 10 working days before the meeting and aregular meeting is held within 35 days after receipt of the temporaryregulation. The Legislative Commission may direct the Committee to ReviewRegulations to examine any temporary regulation that a Legislator has requestedto be reviewed more than 35 days before a regular meeting of the Commission isscheduled to be held.

4. The Legislative Counsel shall notify the agencythat adopted the temporary regulation of the results of the review of thetemporary regulation by the Legislative Commission within 30 days after receiptof the request for review of the temporary regulation from a Legislator. If theCommission does not object to the temporary regulation, the Legislative Counselshall notify the agency that the agency may file the temporary regulation withthe Secretary of State. If the Commission objects to the temporary regulationafter determining that:

(a) If subsection 2 is applicable, the temporaryregulation is not required pursuant to a federal statute or regulation;

(b) The temporary regulation does not conform tostatutory authority; or

(c) The temporary regulation does not carry outlegislative intent,

theLegislative Counsel shall attach to the temporary regulation a written noticeof the objection of the Commission, including a statement of the reasons forits objection, and shall promptly return the temporary regulation to theagency.

5. If the Legislative Commission has objected to atemporary regulation, the agency that adopted the temporary regulation mayrevise it and return it to the Legislative Counsel. Upon receipt of the revisedtemporary regulation, the Legislative Counsel shall resubmit the temporaryregulation to the Commission at its next regularly scheduled meeting. If theCommission does not object to the revised temporary regulation, the LegislativeCounsel shall notify the agency that the agency may file the revised temporaryregulation with the Secretary of State.

6. If the Legislative Commission objects to therevised temporary regulation, the agency may continue to revise it and resubmitit.

7. If the agency refuses to revise a temporaryregulation to which the Legislative Commission has objected, the Commission maysuspend the filing of the temporary regulation until the final day of the nextregular session of the Legislature. Before the final day of the next regularsession, the Legislature may, by concurrent resolution or other appropriatelegislative measure, declare that the temporary regulation will not becomeeffective. If the Legislature makes such a declaration, the agency shall notfile or enforce the temporary regulation or subsequently adopt a substantivelyidentical permanent regulation. If the Legislature has not so declared by thefinal day of the session, the agency may file the temporary regulation with theSecretary of State.

(Added to NRS by 2003, 2003)

NRS 233B.0635 Reimbursementof Legislative Counsel Bureau for cost of examination and revision.

1. Except as otherwise provided in this section, eachagency which submits a regulation for examination and revision pursuant tosubsection 1 or 2 of NRS 233B.063shall reimburse the Legislative Counsel Bureau for the cost of the examinationand revision. The Legislative Commission shall establish the amount of reimbursementrequired pursuant to this subsection.

2. The reimbursement required pursuant to subsection1:

(a) Must be an hourly fee for each hour spent byemployees of the Legal Division of the Legislative Counsel Bureau in examiningand revising the regulation. The hourly fee must not exceed the average hourlysalary of the persons whose salaries are reimbursed pursuant to this section.

(b) Must be established at a rate calculated togenerate the amount approved in the budget of the Legislative Counsel Bureaufor such reimbursement.

(c) Must not be charged to agencies whose budgets aresupported entirely from the State General Fund.

(Added to NRS by 1993, 856; A 1993, 2266)

NRS 233B.064 Permanentregulation not to be adopted until text approved or revised by LegislativeCounsel; agencys reasons for adoption.

1. An agency shall not adopt, amend or repeal apermanent regulation until it has received from the Legislative Counsel theapproved or revised text of the regulation in the form to be adopted. Theagency shall immediately notify the Legislative Counsel in writing of the dateof adoption of each regulation adopted.

2. Upon adoption of any regulation, the agency, ifrequested to do so by an interested person, either before adoption or within 30days thereafter, shall issue a concise statement of the principal reasons forand against its adoption, and incorporate therein its reason for overruling theconsideration urged against its adoption.

(Added to NRS by 1977, 1382; A 1997, 1391)

NRS 233B.065 Productionand distribution of Nevada Administrative Code.

1. The Legislative Counsel shall prescribe thenumbering, page size, style and typography of the Nevada Administrative Code.For convenience of reproduction in the Nevada Administrative Code, he mayprescribe the same matters in original agency regulations.

2. The Legislative Counsel shall cause to be includedin the Nevada Administrative Code the:

(a) Date on which an agency last completed areview of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050; and

(b) Citation of authority pursuant to which the agencyadopted each section of a permanent regulation.

3. The Legislative Counsel shall prepare or cause theState Printer to prepare such sets of the Nevada Administrative Code and ofsupplementary pages as are required from time to time. A set must be providedto and kept respectively:

(a) By the Secretary of State as the master copy;

(b) By the State Library and Archives Administrator forpublic use;

(c) By the Attorney General for his use and that of theExecutive Department; and

(d) By the Legislative Counsel for his use and that ofthe Legislature.

TheLegislative Commission may direct the preparation of additional sets or pages,or both, and specify the places where those sets or parts of sets are to bekept and the uses to be made of them.

4. The Legislative Counsel shall, without charge,provide:

(a) A complete set of the Nevada Administrative Code,upon request, to each person who is on July 1, 1985, or who becomes after thatdate a member of the Legislature; and

(b) To each Legislator who has so acquired the NevadaAdministrative Code, the replacement or supplementary pages which are issuedduring his term of office.

5. Each agency shall reimburse the Legislative CounselBureau and the State Printing Office for their respective costs in preparingand keeping current that agencys portion of the Nevada Administrative Code inthe number of copies required for official and public use. If additional setsor pages are sold, the Legislative Commission shall set sale prices sufficientto recover at least the cost of production and distribution of the additionalsets or pages.

(Added to NRS by 1977, 1382; A 1985, 38, 463, 1489;1993, 1494; 1997, 18, 186, 1391, 3152; 1999, 642, 645; 2005, 1085)

NRS 233B.0653 Registerof Administrative Regulations: Contents; frequency of publication; distributionand sale; immunity for omissions.

1. The Legislative Counsel shall prepare and publishor cause to be prepared and published a Register of Administrative Regulations.The Register must include the following information regarding each permanentregulation adopted by an agency:

(a) The proposed and adopted text of the regulation andany revised version of the regulation;

(b) The notice of intent to act upon the regulation setforth in NRS 233B.0603;

(c) The written notice of adoption of the regulationrequired pursuant to NRS 233B.064;

(d) The informational statement required pursuant to NRS 233B.066; and

(e) The effective date of the regulation, as determinedpursuant to NRS 233B.070.

In carryingout the duties set forth in this subsection, the Legislative Counsel may usethe services of the State Printing Office.

2. The Legislative Counsel shall publish the Registernot less than 10 times per year but not more than once every 2 weeks.

3. The Register must be provided to and maintained by:

(a) The Secretary of State;

(b) The Attorney General;

(c) The Supreme Court Law Library;

(d) The State Library and Archives;

(e) Each county clerk;

(f) Each county library; and

(g) The Legislative Counsel Bureau.

4. The Legislative Counsel may sell an additional copyof the Register to any person or governmental entity that requests a copy, at aprice which does not exceed the cost of publishing the additional copy.

5. The Legislative Counsel is immune from civilliability which may result from failure to include any information in theRegister.

(Added to NRS by 1997, 1389; A 2005, 1085)

NRS 233B.0656 Registerof Administrative Regulations: Access via Internet.

1. The Legislative Counselshall, without charge, make available for access on the Internet or itssuccessor, if any, the information contained in the Register of AdministrativeRegulations created pursuant to NRS233B.0653. The Legislative Counsel may determine the manner in which thisinformation is compiled and must revise the information at least as often asthe Register is published pursuant to NRS233B.0653.

2. This section must not be construed to require theLegislative Counsel to provide any equipment or service that would enable aperson to access the Internet.

(Added to NRS by 1997, 1390)

NRS 233B.0658 Explanatorystatement required concerning emergency actions; contents of statement;inclusion in Register of Administrative Regulations. Anagency that takes an emergency action as described in paragraph (l) ofsubsection 2 of NRS 233B.038 shallfile with the Legislative Counsel within 5 working days after taking the actiona statement that describes the action taken and the reason for the action. Ifthe agency is prohibited by federal law, regulation, interpretation orinstruction from describing the action taken or the reason for the action, thestatement must cite the federal law, regulation, interpretation or instructionthat prohibits such disclosure. The Legislative Counsel shall include astatement filed pursuant to this section in the Register of AdministrativeRegulations published pursuant to NRS233B.0653.

(Added to NRS by 1999, 2405)

NRS 233B.066 Informationalstatement required concerning adopted regulation; contents of statement.

1. Except as otherwise provided in subsection 2, eachadopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 or filed with the Secretaryof State pursuant to subsection 2 or 3 of NRS233B.070 must be accompanied by a statement concerning the regulation whichcontains the following information:

(a) A description of how public comment was solicited,a summary of the public response, and an explanation how other interestedpersons may obtain a copy of the summary.

(b) The number of persons who:

(1) Attended each hearing;

(2) Testified at each hearing; and

(3) Submitted to the agency written statements.

(c) A description of how comment was solicited fromaffected businesses, a summary of their response, and an explanation how otherinterested persons may obtain a copy of the summary.

(d) If the regulation was adopted without changing anypart of the proposed regulation, a summary of the reasons for adopting theregulation without change.

(e) The estimated economic effect of the regulation onthe business which it is to regulate and on the public. These must be statedseparately, and in each case must include:

(1) Both adverse and beneficial effects; and

(2) Both immediate and long-term effects.

(f) The estimated cost to the agency for enforcement ofthe proposed regulation.

(g) A description of any regulations of other state orgovernment agencies which the proposed regulation overlaps or duplicates and astatement explaining why the duplication or overlapping is necessary. If theregulation overlaps or duplicates a federal regulation, the name of theregulating federal agency.

(h) If the regulation includes provisions which aremore stringent than a federal regulation which regulates the same activity, asummary of such provisions.

(i) If the regulation provides a new fee or increasesan existing fee, the total annual amount the agency expects to collect and themanner in which the money will be used.

2. The requirements of paragraphs (a) to (d),inclusive, of subsection 1 do not apply to emergency regulations.

(Added to NRS by 1981, 186; A 1987, 1581; 1989, 572;1995, 131, 2580; 2003,2006)

NRS 233B.0665 Failureto submit informational statement concerning permanent regulation. If a regulation submitted to the Legislative Counsel Bureaupursuant to NRS 233B.067 is notaccompanied by an informational statement which complies with the requirementsof NRS 233B.066, the LegislativeCounsel shall return the regulation to the agency with a note that thestatement is missing. Unless the statement is supplied, the Legislative Counselshall not submit the regulation to the Commission, and the regulation neverbecomes effective. If the statement is supplied, the time for action upon theregulation must be computed from the date of delivering the statement to theLegislative Counsel.

(Added to NRS by 1981, 186; A 1995, 2583; 1999, 2204)

NRS 233B.067 Permanentregulations: Review by Legislative Commission or subcommittee to reviewregulations; appointment of members to subcommittee.

1. After adopting a permanent regulation, the agencyshall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulationadopted to the Legislative Counsel for review by the Legislative Commission todetermine whether the regulation conforms to the statutory authority pursuantto which it was adopted and whether the regulation carries out theintent of the Legislature in granting that authority. The Legislative Counselshall endorse on the original and the copy of each adopted regulation the dateof their receipt. The Legislative Counsel shall maintain the copy of theregulation in a file and make the copy available for public inspection for 2years.

2. If an agency submits an adopted regulation to theLegislative Counsel pursuant to subsection 1 that:

(a) The agency is required to adopt pursuant to afederal statute or regulation; and

(b) Exceeds the specific statutory authority of theagency or sets forth requirements that are more stringent than a statute ofthis State,

it shallinclude a statement that adoption of the regulation is required by a federalstatute or regulation. The statement must include the specific citation of thefederal statute or regulation requiring such adoption.

3. Except as otherwise provided in subsection 4, the LegislativeCommission shall:

(a) Review the regulation at its next regularlyscheduled meeting if the regulation is received more than 3 working days beforethe meeting; or

(b) Refer the regulation for review to the subcommitteeto review regulations appointed pursuant to subsection 6.

4. If an agency determines that an emergency existswhich requires a regulation of the agency submitted pursuant to subsection 1 tobecome effective before the next meeting of the Legislative Commission isscheduled to be held, the agency may notify the Legislative Counsel in writingof the emergency. Upon receipt of such a notice, the Legislative Counsel shallrefer the regulation for review by the subcommittee to review regulations. Thesubcommittee shall meet to review the regulation as soon as practicable.

5. If the Legislative Commission, or the subcommitteeto review regulations if the regulation was referred, does not object to theregulation, the Legislative Counsel shall promptly file the regulation with theSecretary of State and notify the agency of the filing. If the Commission orsubcommittee objects to the regulation after determining that:

(a) If subsection 2 is applicable, the regulation isnot required pursuant to a federal statute or regulation;

(b) The regulation does not conform to statutoryauthority; or

(c) The regulation does not carry out legislativeintent,

theLegislative Counsel shall attach to the regulation a written notice of the objection,including a statement of the reasons for the objection, and shall promptlyreturn the regulation to the agency.

6. As soon as practicable after each regularlegislative session, the Legislative Commission shall appoint a subcommittee toreview regulations consisting of at least three members of the LegislativeCommission.

(Added to NRS by 1977, 1546; A 1979, 223, 1357; 1981,508; 1985, 256; 1987, 1581; 1993, 856; 1995, 132, 2581; 1997, 275, 1602; 1999, 2204; 2003, 2006; 2005, 2687)

NRS 233B.0675 Permanentregulations: Objection by Legislative Commission or subcommittee to reviewregulations; revision and resubmission by agency.

1. If the Legislative Commission or the subcommitteeto review regulations has objected to a regulation, the agency shall revise theregulation to conform to the statutory authority pursuant to which it wasadopted and to carry out the intent of the Legislature in granting thatauthority and return it to the Legislative Counsel within 60 days after theagency received the written notice of the objection to the regulation pursuantto NRS 233B.067. Upon receipt of therevised regulation, the Legislative Counsel shall resubmit the regulation tothe Commission or subcommittee for review. If there is no objection to therevised regulation, the Legislative Counsel shall promptly file the revisedregulation with the Secretary of State and notify the agency of the filing.

2. If the Legislative Commission or subcommittee objectsto the revised regulation, the Legislative Counsel shall attach to the revisedregulation a written notice of the objection, including a statement of thereasons for the objection, and shall promptly return the revised regulation tothe agency. The agency shall continue to revise it and resubmit it to theCommission or subcommittee within 30 days after the agency received the writtennotice of the objection to the revised regulation.

(Added to NRS by 1981, 510; A 1987, 1582; 1997, 276; 1999, 902, 2205; 2005, 2688)

NRS 233B.0681 Earlyreview of permanent regulation by Legislative Commission; waiver of review. The Legislative Commission may provide for:

1. Its early review of a proposed permanent regulationafter the agency has given notice of a hearing on the regulation but before thehearing is held. If the permanent regulation adopted after the hearing isidentical to the regulation submitted for early review, the Legislative Counselshall promptly file the regulation with the Secretary of State and notify theagency of the filing.

2. A waiver of its review of a permanent regulation ina case of administrative convenience or necessity.

(Added to NRS by 1981, 510; A 1999, 2205; 2003, 2007)

NRS 233B.070 Effectivedate and dissemination of regulation; duties of Secretary of State.

1. A permanent regulation becomes effective when theLegislative Counsel files with the Secretary of State the original of the finaldraft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date isspecified in the regulation.

2. Except as otherwise provided in NRS 233B.0633, an agency that hasadopted a temporary regulation may not file the temporary regulation with theSecretary of State until 35 days after the date on which the temporaryregulation was adopted by the agency. A temporary regulation becomes effectivewhen the agency files with the Secretary of State the original of the finaldraft or revision of the regulation, together with the informational statementprepared pursuant to NRS 233B.066. Theagency shall also file a copy of the temporary regulation with the LegislativeCounsel, together with the informational statement prepared pursuant to NRS 233B.066.

3. An emergency regulation becomes effective when theagency files with the Secretary of State the original of the final draft orrevision of an emergency regulation, together with the informational statementprepared pursuant to NRS 233B.066. Theagency shall also file a copy of the emergency regulation with the LegislativeCounsel, together with the informational statement prepared pursuant to NRS 233B.066.

4. The Secretary of State shall maintain the originalof the final draft or revision of each regulation in a permanent file to beused only for the preparation of official copies.

5. The Secretary of State shall file, with theoriginal of each agencys rules of practice, the current statement of theagency concerning the date and results of its most recent review of thoserules.

6. Immediately after each permanent or temporaryregulation is filed, the agency shall deliver one copy of the final draft orrevision, bearing the stamp of the Secretary of State indicating that it has beenfiled, including material adopted by reference which is not already filed withthe State Library and Archives Administrator, to the State Library and ArchivesAdministrator for use by the public. If the agency is a licensing board asdefined in NRS 439B.225 and it hasadopted a permanent regulation relating to standards for licensing orregistration or for the renewal of a license or a certificate of registrationissued to a person or facility regulated by the agency, the agency shall alsodeliver one copy of the regulation, bearing the stamp of the Secretary ofState, to the Legislative Committee on Health Care within 10 days after theregulation is filed with the Secretary of State.

7. Each agency shall furnish a copy of all or part ofthat part of the Nevada Administrative Code which contains its regulations, toany person who requests a copy, and may charge a reasonable fee for the copybased on the cost of reproduction if it does not have money appropriated orauthorized for that purpose.

8. An agency which publishes any regulations includedin the Nevada Administrative Code shall use the exact text of the regulation asit appears in the Nevada Administrative Code, including the leadlines andnumbers of the sections. Any other material which an agency includes in apublication with its regulations must be presented in a form which clearlydistinguishes that material from the regulations.

(Added to NRS by 1965, 964; A 1975, 1158, 1414; 1977,1387, 1549, 1551; 1979, 972; 1983, 1245; 1985, 367, 1490; 1991, 941; 1995, 133,2582; 1997, 276, 3152; 1999,642, 2205; 2003, 2007)

NRS 233B.080 Inactivefiles of Secretary of State. When anyregulation filed with the Secretary of State expires by its own terms or isreplaced by an amended regulation or repealed, and the adopting agency soinforms the Secretary of State, the Secretary of State shall cause theregulation to be placed in an inactive file.

(Added to NRS by 1965, 965; A 1985, 256)

NRS 233B.090 Rebuttablepresumption of regularity of adoption and filing of regulation. The Secretary of States authenticated file stamp on theoriginal of the final draft or revision of a regulation raises a rebuttablepresumption that the regulation was adopted and filed in compliance with allrequirements necessary to make it effective.

(Added to NRS by 1965, 965; A 1977, 1549)

NRS 233B.100 Petitionfor adoption, filing, amendment or repeal of regulation; amendment orsuspension of regulation by Governor.

1. Any interested person may petition an agencyrequesting the adoption, filing, amendment or repeal of any regulation andshall accompany his petition with relevant data, views and arguments. Eachagency shall prescribe by regulation the form for such petitions and theprocedure for their submission, consideration and disposition. Upon submissionof such a petition, the agency shall within 30 days either deny the petition inwriting, stating its reasons, or initiate regulation-making proceedings.

2. Any regulation of any agency is subject toamendment or suspension by the Governor pursuant to the provisions of NRS 416.060.

(Added to NRS by 1965, 965; A 1977, 551, 1388)

NRS 233B.105 Objectionto adopted regulation by small business; basis and procedure for objection;amendment of regulation.

1. A small business that is aggrieved by a regulationadopted by an agency on or after January 1, 2000, may object to all or a partof the regulation by filing a petition with the agency that adopted theregulation within 90 days after the date on which the regulation was adopted.

2. A petition filed pursuant to subsection 1 may bebased on the following grounds:

(a) The agency failed to prepare a small businessimpact statement as required pursuant to NRS233B.0608; or

(b) The small business impact statement prepared by theagency pursuant to NRS 233B.0608 didnot consider or significantly underestimated the economic effect of theregulation on small businesses.

3. After receiving a petition pursuant to subsection1, an agency shall determine whether the petition has merit. If the agencydetermines that the petition has merit, the agency may, pursuant to thischapter, take action to amend the regulation to which the small businessobjected.

(Added to NRS by 1999, 2071)

NRS 233B.110 Declaratoryjudgment to determine validity or applicability of regulation.

1. The validity or applicability of any regulation maybe determined in a proceeding for a declaratory judgment in the district courtin and for Carson City, or in and for the county where the plaintiff resides,when it is alleged that the regulation, or its proposed application, interfereswith or impairs, or threatens to interfere with or impair, the legal rights orprivileges of the plaintiff. A declaratory judgment may be rendered after theplaintiff has first requested the agency to pass upon the validity of theregulation in question. The court shall declare the regulation invalid if itfinds that it violates constitutional or statutory provisions or exceeds thestatutory authority of the agency. The agency whose regulation is made thesubject of the declaratory action shall be made a party to the action.

2. An agency may institute an action for declaratoryjudgment to establish the validity of any one or more of its own regulations.

3. Actions for declaratory judgment provided for insubsections 1 and 2 shall be in accordance with the Uniform DeclaratoryJudgments Act (chapter 30 of NRS), and theNevada Rules of Civil Procedure. In all actions under subsections 1 and 2, theplaintiff shall serve a copy of the complaint upon the Attorney General, who isalso entitled to be heard.

(Added to NRS by 1965, 965; A 1969, 317; 1977, 1388)

NRS 233B.115 LegislativeCommission: Review of forms; revision and resubmission by agency; procedureupon refusal of agency to revise form.

1. Any person who objects to the content of a formrequired by an agency to be used in submitting an application, making adeclaration or providing other information may request the LegislativeCommission to determine whether the information required and the instructionsfor its preparation conform to the statutory authority pursuant to which theagency requires it. The Legislative Commission may also make such adetermination on its own motion.

2. If the Legislative Commission finds that any partof the information or instructions does not conform to statutory authority, theLegislative Counsel shall so notify the agency.

3. After notification by the Legislative Counsel ofthe Legislative Commissions objection to the form, the agency may revise theform to conform to statutory authority and resubmit it to the LegislativeCommission. The agency shall not use the form until it has submitted a revisedversion to the Legislative Commission and the Commission has approved the form.

4. If the agency refuses to revise the form, it shallnot use the form until after the expiration of the first 30 days of the nextregular session of the Legislature. Before the 30th day of the next regularsession the Legislature may, by concurrent resolution, declare that the formmust not be used. The Legislative Counsel shall thereupon notify the agencythat it shall not use the form. If the Legislature has not so declared by the30th day of the session, the Legislative Counsel shall promptly notify theagency that it may use the form.

(Added to NRS by 1985, 655; A 1987, 1582; 1997, 277; 1999, 2206)

NRS 233B.120 Petitionsfor declaratory orders and advisory opinions; disposition. Each agency shall provide by regulation for the filing andprompt disposition of petitions for declaratory orders and advisory opinions asto the applicability of any statutory provision, agency regulation or decisionof the agency. Declaratory orders disposing of petitions in such cases shallhave the same status as agency decisions. A copy of the declaratory order oradvisory opinion shall be mailed to the petitioner.

(Added to NRS by 1965, 966)

ADJUDICATION OF CONTESTED CASES

NRS 233B.121 Noticeof hearing in contested case; contents of notice; representation by counsel;opportunity to respond and present evidence; informal disposition; contents ofrecord; transcriptions; findings of fact.

1. In a contested case, all parties must be affordedan opportunity for hearing after reasonable notice.

2. The notice must include:

(a) A statement of the time, place and nature of thehearing.

(b) A statement of the legal authority and jurisdictionunder which the hearing is to be held.

(c) A reference to the particular sections of thestatutes and regulations involved.

(d) A short and plain statement of the mattersasserted. If the agency or other party is unable to state the matters in detailat the time the notice is served, the initial notice may be limited to astatement of the issues involved. Thereafter, upon application, a more definiteand detailed statement must be furnished.

3. Any party is entitled to be represented by counsel.

4. Opportunity must be afforded all parties to respondand present evidence and argument on all issues involved. An agency may byregulation authorize the payment of fees and reimbursement for mileage towitnesses in the same amounts and under the same conditions as for witnesses inthe courts of this state.

5. Unless precluded by law, informal disposition maybe made of any contested case by stipulation, agreed settlement, consent orderor default. If an informal disposition is made, the parties may waive therequirement for findings of fact and conclusions of law.

6. The record in a contested case must include:

(a) All pleadings, motions and intermediate rulings.

(b) Evidence received or considered.

(c) A statement of matters officially noticed.

(d) Questions and offers of proof and objections, andrulings thereon.

(e) Proposed findings and exceptions.

(f) Any decision, opinion or report by the hearingofficer presiding at the hearing.

7. Oral proceedings, or any part thereof, must betranscribed on request of any party.

8. Findings of fact must be based exclusively onsubstantial evidence and on matters officially noticed.

(Added to NRS by 1967, 808; A 1977, 56, 1062; 1985,350)

NRS 233B.122 Certainmembers of agency prohibited from taking part in adjudication; replacement ofdisqualified officer.

1. No agency member who acts as an investigator orprosecutor in any contested case may take any part in the adjudication of suchcase.

2. If an officer of an agency disqualifies himself oris disqualified from participating in the adjudication of any contested case inwhich a decision will be rendered which is subject to judicial review, theofficer shall send within 3 working days after the disqualification a notice ofit to the authority which appointed him to the agency. The appointing authorityshall within 5 working days after receiving the notice appoint a person toserve in the place of the disqualified officer only for the purpose ofparticipating in the adjudication of the contested case.

3. The person appointed under subsection 2 shall havethe same qualifications required by law of the officer whom he replaces and isentitled to the same salary and per diem and travel expenses allowed to thatofficer.

(Added to NRS by 1967, 808; A 1977, 661)

NRS 233B.123 Evidence. In contested cases:

1. Irrelevant, immaterial or unduly repetitiousevidence must be excluded. Evidence may be admitted, except where precluded bystatute, if it is of a type commonly relied upon by reasonable and prudentpersons in the conduct of their affairs. Agencies shall give effect to therules of privilege recognized by law. Objections to evidentiary offers may bemade and must be noted in the record. Subject to the requirements of thissubsection, when a hearing will be expedited and the interests of the partieswill not be prejudiced substantially, any part of the evidence may be receivedin written form.

2. Documentary evidence may be received in the form ofauthenticated copies or excerpts, if the original is not readily available.Upon request, parties must be given an opportunity to compare the copy with theoriginal.

3. Every witness shall declare, by oath or affirmation,that he will testify truthfully.

4. Each party may call and examine witnesses,introduce exhibits, cross-examine opposing witnesses on any matter relevant tothe issues even though the matter was not covered in the direct examination,impeach any witness, regardless of which party first called him to testify, andrebut the evidence against him.

5. Notice may be taken of judicially cognizable factsand of generally recognized technical or scientific facts within thespecialized knowledge of the agency. Parties must be notified either before orduring the hearing, or by reference in preliminary reports or otherwise, of thematerial noticed, including any staff memoranda or data, and they must beafforded an opportunity to contest the material so noticed. The experience,technical competence and specialized knowledge of the agency may be utilized in the evaluation of theevidence.

(Added to NRS by 1967, 808; A 1977, 57; 1997, 1603)

NRS 233B.1233 Administrationof oath or affirmation to witness. Unlesslimited by a specific statute, any person authorized to preside over a hearingin a contested case may administer oaths or affirmations to witnesses appearingbefore him in the hearing.

(Added to NRS by 1981, 80)

NRS 233B.1235 Personwith disability entitled to services of interpreter at hearing. A witness during his testimony at a hearing of a contestedcase, who is a person with a disability as defined in NRS 50.050, is entitled to the services ofan interpreter at public expense, subject to the provisions of NRS 50.052 and 50.053. The interpreter must be:

1. Qualified to engage in the practice of interpretingin this state pursuant to subsection 2 of NRS656A.100; and

2. Appointed by the person who presides at thehearing.

(Added to NRS by 1979, 657; A 2001, 1777)

NRS 233B.124 Procedurewhen majority of agencys officers rendering final decision have not heard caseor read record: Service of proposal for decision; oral argument. Where, in a contested case, a majority of the officials ofthe agency who are to render the final decision have not heard the case or readthe record, the decision, if adverse to a party to the proceeding other thanthe agency itself, shall not be made until a proposal for decision is servedupon the parties, and an opportunity is afforded to each party adverselyaffected to file, within 20 days, exceptions and present briefs and oralargument to the officials who are to render the decision. The proposal fordecision shall contain a statement of the reasons therefor and of each issue offact or law necessary to the proposed decision, prepared by the person whoconducted the hearing or one who has read the record. The parties by writtenstipulation may waive compliance with this section.

(Added to NRS by 1967, 809)

NRS 233B.125 Contentsof adverse written decision or order; notice; copies. Adecision or order adverse to a party in a contested case must be in writing orstated in the record. Except as provided in subsection 5 of NRS 233B.121, a final decision mustinclude findings of fact and conclusions of law, separately stated. Findings offact and decisions must be based upon substantial evidence. Findings of fact,if set forth in statutory language, must be accompanied by a concise andexplicit statement of the underlying facts supporting the findings. If, inaccordance with agency regulations, a party submitted proposed findings offact, the decision must include a ruling upon each proposed finding. Partiesmust be notified either personally or by certified mail of any decision ororder. Upon request a copy of the decision or order must be delivered or mailedforthwith to each party and to his attorney of record.

(Added to NRS by 1967, 809; A 1985, 351)

NRS 233B.126 Limitationson communications of agencys members or employees rendering decision or makingfindings of fact and conclusions of law. Unlessrequired for the disposition of ex parte matters authorized by law, members oremployees of an agency assigned to render a decision or to make findings offact and conclusions of law in a contested case shall not communicate, directlyor indirectly, in connection with any issue of fact, with any person or party,nor, in connection with any issue of law, with any party or his representative,except upon notice and opportunity to all parties to participate. An agencymember may, subject to the provisions of NRS233B.123:

1. Communicate with other members of the agency.

2. Have the aid and advice of one or more personalassistants.

(Added to NRS by 1967, 809)

NRS 233B.127 Applicabilityof chapter to grant, denial or renewal of license; expiration of license;notice of adverse action by agency; summary suspension of license; restrictionof admission of person as party to contested case involving license.

1. When the grant, denial or renewal of a license isrequired to be preceded by notice and opportunity for hearing, the provisionsof this chapter concerning contested cases apply.

2. When a licensee has made timely and sufficientapplication for the renewal of a license or for a new license with reference toany activity of a continuing nature, the existing license does not expire untilthe application has been finally determined by the agency, and, in case theapplication is denied or the terms of the new license limited, until the last dayfor seeking review of the agency order or a later date fixed by order of thereviewing court.

3. No revocation, suspension, annulment or withdrawalof any license is lawful unless, prior to the institution of agencyproceedings, the agency gave notice by certified mail to the licensee of factsor conduct which warrant the intended action, and the licensee was given anopportunity to show compliance with all lawful requirements for the retentionof the license. If the agency finds that public health, safety or welfareimperatively require emergency action, and incorporates a finding to thateffect in its order, summary suspension of a license may be ordered pending proceedingsfor revocation or other action. Such proceedings shall be promptly institutedand determined.

4. Except as otherwise provided in this subsection, aperson must not be admitted as a party to an administrative proceeding in acontested case involving the grant, denial or renewal of a license unless hedemonstrates to the satisfaction of the presiding hearing officer that:

(a) His financial situation is likely to be maintainedor to improve as a direct result of the grant or renewal of the license; or

(b) His financial situation is likely to deteriorate asa direct result of the denial of the license or refusal to renew the license.

Theprovisions of this subsection do not preclude the admission, as a party, of anyperson who will participate in the administrative proceeding as the agent orlegal representative of an agency.

(Added to NRS by 1967, 810; A 2005, 1002)

NRS 233B.130 Judicialreview; requirements for petition; statement of intent to participate; petitionfor rehearing.

1. Any party who is:

(a) Identified as a party of record by an agency in anadministrative proceeding; and

(b) Aggrieved by a final decision in a contested case,

is entitledto judicial review of the decision. Where appeal is provided within an agency,only the decision at the highest level is reviewable unless a decision made ata lower level in the agency is made final by statute. Any preliminary,procedural or intermediate act or ruling by an agency in a contested case isreviewable if review of the final decision of the agency would not provide anadequate remedy.

2. Petitions for judicial review must:

(a) Name as respondents the agency and all parties ofrecord to the administrative proceeding;

(b) Be instituted by filing a petition in the districtcourt in and for Carson City, in and for the county in which the aggrievedparty resides or in and for the county where the agency proceeding occurred;and

(c) Be filed within 30 days after service of the finaldecision of the agency.

Cross-petitions for judicial review must be filed within 10 days after serviceof a petition for judicial review.

3. The agency and any party desiring to participate inthe judicial review must file a statement of intent to participate in thepetition for judicial review and serve the statement upon the agency and everyparty within 20 days after service of the petition.

4. A petition for rehearing or reconsideration must befiled within 15 days after the date of service of the final decision. An ordergranting or denying the petition must be served on all parties at least 5 daysbefore the expiration of the time for filing the petition for judicial review.If the petition is granted, the subsequent order shall be deemed the finalorder for the purpose of judicial review.

5. The petition for judicial review and anycross-petitions for judicial review must be served upon the agency and everyparty within 45 days after the filing of the petition, unless, upon a showingof good cause, the district court extends the time for such service. If theproceeding involves a petition for judicial review or cross-petition forjudicial review of a final decision of the State Contractors Board or of afinal decision of an agency or hearing officer in a contested case involvingthe grant, denial or renewal of a license, the district court shall, on its ownmotion or the motion of a party, dismiss from the proceeding any agency orperson who:

(a) Is named as a party in the petition for judicialreview or cross-petition for judicial review; and

(b) Was not a party to the administrative proceedingfor which the petition for judicial review or cross-petition for judicialreview was filed.

6. The provisions of this chapter are the exclusivemeans of judicial review of, or judicial action concerning, a final decision ina contested case involving an agency to which this chapter applies.

(Added to NRS by 1965, 966; A 1969, 318; 1975, 495;1977, 57; 1981, 80; 1989, 1651; 1991, 465; 2003, 1904; 2005, 1003)

NRS 233B.131 Transmittalof record of proceedings to reviewing court by agency; additional evidence;modification of findings by agency.

1. Within 30 days after the service of the petitionfor judicial review or such time as is allowed by the court, the agency thatrendered the decision which is the subject of the petition shall transmit tothe reviewing court the original or a certified copy of the entire record ofthe proceeding under review, including a transcript of the evidence resultingin the final decision of the agency. The record may be shortened by stipulationof the parties to the proceedings. A party unreasonably refusing to stipulateto limit the record, as determined by the court, may be assessed by the courtany additional costs. The court may require or permit subsequent corrections oradditions to the record.

2. If, before submission to the court, an applicationis made to the court for leave to present additional evidence, and it is shownto the satisfaction of the court that the additional evidence is material andthat there were good reasons for failure to present it in the proceeding beforethe agency, the court may order that the additional evidence and any rebuttalevidence be taken before the agency upon such conditions as the courtdetermines.

3. After receipt of any additional evidence, theagency:

(a) May modify its findings and decision; and

(b) Shall file the evidence and any modifications, newfindings or decisions with the reviewing court.

(Added to NRS by 1989, 1649)

NRS 233B.133 Memorandaof points and authorities: Time for filing memorandum and reply; request forhearing; required form.

1. A petitioner or cross-petitioner who is seekingjudicial review must serve and file a memorandum of points and authoritieswithin 40 days after the agency gives written notice to the parties that therecord of the proceeding under review has been filed with the court.

2. The respondent or cross-petitioner shall serve andfile a reply memorandum of points and authorities within 30 days after serviceof the memorandum of points and authorities.

3. The petitioner or cross-petitioner may serve andfile reply memoranda of points and authorities within 30 days after service ofthe reply memorandum.

4. Within 7 days after the expiration of the timewithin which the petitioner is required to reply, any party may request ahearing. Unless a request for hearing has been filed, the matter shall bedeemed submitted.

5. All memoranda of points and authorities filed inproceedings involving petitions for judicial review must be in the formprovided for appellate briefs in Rule 28 of the Nevada Rules of AppellateProcedure.

6. The court, for good cause, may extend the timesallowed in this section for filing memoranda.

(Added to NRS by 1989, 1649)

NRS 233B.135 Judicialreview: Manner of conducting; burden of proof; standard for review.

1. Judicial review of a final decision of an agencymust be:

(a) Conducted by the court without a jury; and

(b) Confined to the record.

In casesconcerning alleged irregularities in procedure before an agency that are notshown in the record, the court may receive evidence concerning theirregularities.

2. The final decision of the agency shall be deemedreasonable and lawful until reversed or set aside in whole or in part by thecourt. The burden of proof is on the party attacking or resisting the decisionto show that the final decision is invalid pursuant to subsection 3.

3. The court shall not substitute its judgment forthat of the agency as to the weight of evidence on a question of fact. Thecourt may remand or affirm the final decision or set it aside in whole or inpart if substantial rights of the petitioner have been prejudiced because thefinal decision of the agency is:

(a) In violation of constitutional or statutoryprovisions;

(b) In excess of the statutory authority of the agency;

(c) Made upon unlawful procedure;

(d) Affected by other error of law;

(e) Clearly erroneous in view of the reliable,probative and substantial evidence on the whole record; or

(f) Arbitrary or capricious or characterized by abuseof discretion.

(Added to NRS by 1989, 1650)

NRS 233B.140 Procedurefor stay of final decision; ruling by court.

1. A petitioner who applies for a stay of the finaldecision in a contested case shall file and serve a written motion for the stayon the agency and all parties of record to the proceeding at the time of filingthe petition for judicial review.

2. In determining whether to grant a stay, the courtshall consider the same factors as are considered for a preliminary injunctionunder Rule 65 of the Nevada Rules of Civil Procedure.

3. In making a ruling, the court shall:

(a) Give deference to the trier of fact; and

(b) Consider the risk to the public, if any, of stayingthe administrative decision.

Thepetitioner must provide security before the court may issue a stay.

(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)

NRS 233B.150 Appealfrom final judgment of district court. An aggrievedparty may obtain a review of any final judgment of the district court by appealto the Supreme Court. The appeal shall be taken as in other civil cases.

(Added to NRS by 1967, 811)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.