2022 Nevada Revised Statutes
Chapter 224 - Lieutenant Governor
NRS 224.190 - Request for assistance by small business: Limitations on action by Office; review of request; protections for person filing request for assistance or participating in review and investigation. [Effective through June 30, 2023.]
1. Except as otherwise provided in subsection 2, the Office of Small Business Advocacy may review any request for assistance filed by a small business relating to an interaction with a state agency relating to the small business.
2. The Office of Small Business Advocacy shall not take action on a request for assistance made pursuant to subsection 1 if the Office of Small Business Advocacy determines that:
(a) The person who filed the request for assistance could reasonably be expected to pursue, or is pursuing, an alternative remedy or recourse;
(b) The request for assistance relates to a matter outside the jurisdiction of the Office of Small Business Advocacy;
(c) The request for assistance was not filed in a timely manner, as determined by the Office of Small Business Advocacy;
(d) The person who filed the request for assistance does not have a sufficient personal interest in or is not personally aggrieved or affected by the subject matter of the request;
(e) The request for assistance is trivial, frivolous, vexatious or not made in good faith;
(f) The resources of the Office of Small Business Advocacy are insufficient for adequate review of the request for assistance; or
(g) The request for assistance is the subject of pending litigation, a pending contested case, as defined in NRS 233B.032, a proceeding pursuant to chapter 233B of NRS or an agency action that could result in a contested case proceeding pursuant to chapter 233B of NRS.
3. Not later than 30 days after receipt of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy shall notify the person who filed the request whether the Office of Small Business Advocacy will provide assistance to the person.
4. If the Office of Small Business Advocacy undertakes the review of a request for assistance made pursuant to subsection 1, the Office of Small Business Advocacy:
(a) May make recommendations to a state agency for the resolution of the issues set forth in the request for assistance;
(b) May contact and discuss the issues with the administrative head of a state agency, the Governor or a member of the public for the purposes of obtaining the cooperation and assistance of a state agency with the review of the request for assistance;
(c) Shall inform the complainant of the status of the review upon request; and
(d) Shall, upon the conclusion of the review:
(1) Prepare a preliminary report regarding the review, including, without limitation, the conclusion reached by the Office of Small Business Advocacy and recommendations for the resolution of the issues, if any;
(2) Provide any state agency named in the request for assistance with a copy of the preliminary report prepared pursuant to subparagraph (1) indicating that the state agency may, within 15 days, submit to the Office of Small Business Advocacy a comment regarding the report;
(3) Prepare a final report that includes, without limitation, any comment submitted by an agency pursuant to subparagraph (2); and
(4) Provide a copy of the final report to the Lieutenant Governor and the person who filed the request for assistance.
5. A person who files a request for assistance or who participates in a review and investigation is not subject to a penalty, sanction or restriction in connection with the employment of that person, and may not be denied any right, privilege or benefit because of the request for assistance or because of any review and investigation of such request.
(Added to NRS by 2021, 1150)
