[Rev. 2/10/2015 4:41:38
PM--2014R2]
CHAPTER 233B - NEVADA ADMINISTRATIVE
PROCEDURE ACT
GENERAL PROVISIONS
NRS 233B.010 Short
title.
NRS 233B.020 Legislative
intent.
NRS 233B.030 Definitions.
NRS 233B.031 “Agency”
defined.
NRS 233B.032 “Contested
case” defined.
NRS 233B.033 “Emergency
regulation” defined.
NRS 233B.034 “License”
and “licensing” defined.
NRS 233B.035 “Party”
defined.
NRS 233B.036 “Permanent
regulation” defined.
NRS 233B.037 “Person”
defined.
NRS 233B.038 “Regulation”
defined.
NRS 233B.0382 “Small
business” defined.
NRS 233B.0385 “Temporary
regulation” defined.
NRS 233B.039 Applicability.
ADMINISTRATIVE REGULATIONS
NRS 233B.0395 Ratification
of Nevada Administrative Code.
NRS 233B.040 Regulations:
Adoption; enforcement; contents; adoption of material by reference; agency to
explain failure to adopt.
NRS 233B.045 Treatment
of regulations adopted by certain entities other than agencies.
NRS 233B.050 Rules
of practice; public inspection of regulations, orders, decisions and opinions;
review of rules of practice and regulations; validity.
NRS 233B.060 Notice
of adoption, amendment or repeal of permanent or temporary regulation; adoption
of permanent regulation after adoption of temporary regulation.
NRS 233B.0601 Notice
of meeting or workshop regarding adoption of permanent or temporary regulation:
Agency to provide electronic copy to Legislative Counsel Bureau for posting on
website.
NRS 233B.0603 Contents
and form of notice of intent to adopt, amend or repeal permanent or temporary
regulation; solicitation of comments from public or affected businesses.
NRS 233B.0607 Proposed
permanent or temporary regulation: Filing; availability; contents.
NRS 233B.0608 Proposed
permanent or temporary regulation: Determination of impact on small businesses;
consultation with owners and officers of small businesses; analysis of likely
impact on small business; consideration of methods to reduce impact on small
businesses; preparation of small business impact statement; requirement to include
impact statement in submission to Legislative Counsel Bureau.
NRS 233B.0609 Proposed
permanent or temporary regulation: Contents of small business impact statement;
person responsible for agency to sign impact statement.
NRS 233B.061 Proposed
permanent or temporary regulation: Public comment; workshop; public hearing;
applicability of Open Meeting Law.
NRS 233B.0613 Emergency
regulations.
NRS 233B.0617 Limitation
on objections to regulation.
NRS 233B.062 Policies
for drafting and accessibility of regulations; guidelines; permanent
regulations to be included in Nevada Administrative Code; distribution of
emergency and temporary regulations.
NRS 233B.063 Submission
of proposed permanent regulation to Legislative Counsel; duties of Legislative
Counsel; adoption of temporary regulation.
NRS 233B.0633 Temporary
regulation: Review by Legislative Commission or Subcommittee to Review
Regulations; approval of or objection by Commission or Subcommittee; revision
and resubmission by agency.
NRS 233B.0635 Permanent
regulation: Reimbursement of Legislative Counsel Bureau for cost of examination
and revision.
NRS 233B.064 Permanent
regulation not to be adopted until text approved or revised by Legislative
Counsel; agency’s reasons for adoption.
NRS 233B.065 Production
and distribution of Nevada Administrative Code.
NRS 233B.0653 Register
of Administrative Regulations: Contents; frequency of publication; distribution
and sale; immunity for omissions.
NRS 233B.0656 Register
of Administrative Regulations: Access via Internet.
NRS 233B.0658 Explanatory
statement required concerning emergency actions; contents of statement;
inclusion in Register of Administrative Regulations.
NRS 233B.066 Informational
statement required concerning adopted permanent or temporary regulation;
contents of statement.
NRS 233B.0665 Failure
to submit informational statement concerning permanent regulation.
NRS 233B.067 Permanent
regulation: Review by Legislative Commission or Subcommittee to Review
Regulations; approval of or rejection by Commission or Subcommittee;
appointment of members to Subcommittee.
NRS 233B.0675 Permanent
regulation: Revision and resubmission of regulation objected to by Legislative
Commission or Subcommittee to Review Regulations; approval of or objection to
revised regulation by Commission or Subcommittee.
NRS 233B.0677 Meeting
to review adopted temporary or permanent regulations: Written notice; list of
regulations to be reviewed to be posted on website maintained by Legislative
Counsel Bureau.
NRS 233B.0681 Early
review of permanent regulation by Legislative Commission; waiver of review.
NRS 233B.070 Effective
date of permanent, temporary and emergency regulations; dissemination of
regulations; duties of Secretary of State.
NRS 233B.080 Inactive
files of Secretary of State.
NRS 233B.090 Rebuttable
presumption of regularity of adoption and filing of regulation.
NRS 233B.100 Petition
for adoption, filing, amendment or repeal of regulation; amendment or
suspension of regulation by Governor.
NRS 233B.105 Objection
to adopted regulation by small business; basis and procedure for objection;
amendment of regulation.
NRS 233B.110 Declaratory
judgment to determine validity or applicability of regulation.
NRS 233B.115 Legislative
Commission: Review of forms; revision and resubmission by agency; procedure
upon refusal of agency to revise form.
NRS 233B.120 Petitions
for declaratory orders and advisory opinions; disposition.
ADJUDICATION OF CONTESTED CASES
NRS 233B.121 Notice
of hearing in contested case; contents of notice; representation by counsel; opportunity
to respond and present evidence; informal disposition; contents of record;
transcriptions; findings of fact.
NRS 233B.122 Certain
members of agency prohibited from taking part in adjudication; replacement of
disqualified officer.
NRS 233B.123 Evidence.
NRS 233B.1233 Administration
of oath or affirmation to witness.
NRS 233B.1235 Person
with communications disability entitled to services of interpreter at hearing.
NRS 233B.124 Procedure
when majority of agency’s officers rendering final decision have not heard case
or read record: Service of proposal for decision; oral argument.
NRS 233B.125 Contents
of adverse written decision or order; notice; copies.
NRS 233B.126 Limitations
on communications of agency’s members or employees rendering decision or making
findings of fact and conclusions of law.
NRS 233B.127 Applicability
of chapter to grant, denial or renewal of license; expiration of license;
notice of adverse action by agency; summary suspension of license.
NRS 233B.130 Judicial
review; requirements for petition; statement of intent to participate; petition
for rehearing.
NRS 233B.131 Transmittal
of record of proceedings to reviewing court by agency; additional evidence;
modification of findings by agency.
NRS 233B.133 Memoranda
of points and 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 stay of final decision; ruling by court.
NRS 233B.150 Appeal
from final judgment of district court.
_________
GENERAL PROVISIONS
NRS 233B.010 Short title. This
chapter may be cited as the Nevada Administrative Procedure Act.
(Added to NRS by 1965, 962)
NRS 233B.020 Legislative intent.
1. By this chapter, the Legislature
intends to establish minimum procedural requirements for the regulation-making
and adjudication procedure of all agencies of the Executive Department of the
State Government and for judicial review of both functions, except those
agencies expressly exempted pursuant to the provisions of this chapter. This
chapter confers no additional regulation-making authority upon any agency
except to the extent provided in subsection 1 of NRS
233B.050.
2. The provisions of this chapter are
intended to supplement statutes applicable to specific agencies. This chapter
does not abrogate or limit additional requirements imposed on such agencies by
statute or 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 otherwise requires, the words and
terms defined in NRS 233B.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 “Agency” defined. “Agency”
means an agency, bureau, board, commission, department, division, officer or
employee of the Executive Department of the State Government authorized by law
to make regulations or to determine contested cases.
(Added to NRS by 1977, 1382)
NRS 233B.032 “Contested case” defined. “Contested
case” means a proceeding, including but not restricted to rate making and
licensing, in which the legal rights, duties or privileges of a party are
required by law to be determined by an agency after an opportunity for hearing,
or in which an administrative penalty may be imposed.
(Added to NRS by 1977, 1382)
NRS 233B.033 “Emergency regulation” defined. “Emergency
regulation” means a regulation adopted pursuant to NRS
233B.0613.
(Added to NRS by 1977, 1382; A 1983, 1123)
NRS 233B.034 “License” and “licensing” defined. “License”
means the whole or part of any agency permit, certificate, approval,
registration, charter or similar form of permission required by law.
“Licensing” means the agency procedure whereby the license is granted, denied,
revoked, suspended, annulled, withdrawn or amended.
(Added to NRS by 1977, 1382)
NRS 233B.035 “Party” defined. “Party”
means each person or agency named or admitted as a party, or properly seeking
and entitled as of right to be admitted as a party, in any contested case.
(Added to NRS by 1977, 1383)
NRS 233B.036 “Permanent regulation” defined. “Permanent
regulation” means a regulation which is not an emergency regulation or a
temporary regulation.
(Added to NRS by 1977, 1383)
NRS 233B.037 “Person” defined. “Person”
includes any political subdivision or public or private organization of any
character other than an agency.
(Added to NRS by 1977, 1383; A 1985, 513)
NRS 233B.038 “Regulation” defined.
1. “Regulation” means:
(a) An agency rule, standard, directive or
statement of general applicability which effectuates or interprets law or
policy, or describes 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
written policy, interpretation, process or procedure to determine whether a
person is in compliance with a federal or state statute or regulation in order
to assess a fine, monetary penalty or monetary interest.
2. The term does not include:
(a) A statement concerning only the internal
management of an agency and not affecting private rights or procedures
available to the public;
(b) A declaratory ruling;
(c) An intraagency memorandum;
(d) A manual of internal policies and procedures
or audit procedures of an agency which is used solely to train or provide
guidance to employees of the agency and which is not used as authority in a
contested case to determine whether a person is in compliance with a federal or
state statute or regulation;
(e) An agency decision or finding in a contested
case;
(f) An advisory opinion issued by an agency that
is not of general applicability;
(g) A published opinion of the Attorney General;
(h) An interpretation of an agency that has
statutory authority to issue interpretations;
(i) Letters of approval, concurrence or
disapproval issued in relation to a permit for a specific project or activity;
(j) A contract or agreement into which an agency
has entered;
(k) The provisions of a federal law, regulation
or guideline;
(l) An emergency action taken by an agency that
is necessary 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 prior
actual notice of the policy, interpretation, process or procedure to determine
whether the person is in compliance with a federal or state statute or regulation
in order to assess a fine, monetary penalty or monetary interest;
(n) A regulation concerning the use of public
roads or facilities which is indicated to the public by means of signs, signals
and other traffic-control devices that conform with the manual and
specifications for a uniform system of official traffic-control devices adopted
pursuant to NRS 484A.430;
(o) The classification of wildlife or the
designation of seasons for hunting, fishing or trapping by regulation of the
Board of Wildlife Commissioners pursuant to the provisions of title 45 of NRS;
or
(p) A technical bulletin prepared pursuant to NRS 360.133.
(Added to NRS by 1977, 1383; A 1999, 2406; 2013, 159)
NRS 233B.0382 “Small business” defined. “Small
business” means a business conducted for profit which employs fewer than 150
full-time or part-time employees.
(Added to NRS by 1999, 2070)
NRS 233B.0385 “Temporary regulation” defined. “Temporary
regulation” means:
1. A regulation adopted pursuant to
subsection 3 of NRS 233B.063; or
2. Any other regulation which is effective
for 120 days 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 from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in NRS 209.221, 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 and 463.765, the Nevada Gaming Commission.
(g) The Division of Welfare and Supportive
Services of the Department of Health and Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division of Health Care
Financing and Policy of the 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 the
Department of Business and Industry acting to enforce the provisions of NRS 618.375.
(l) The Administrator of the Division of
Industrial Relations of the Department of Business and Industry in establishing
and adjusting the schedule of fees and charges for accident benefits pursuant
to subsection 2 of NRS 616C.260.
(m) The Board to Review Claims in adopting
resolutions to carry out its duties pursuant to NRS 590.830.
(n) The Silver State Health Insurance Exchange.
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 on Professional Standards in Education are subject to the
provisions of this chapter for the purpose of adopting regulations but not with
respect to any contested case.
3. The special provisions of:
(a) Chapter 612
of NRS for the distribution of regulations by and the judicial review of
decisions of the Employment Security Division of the Department of Employment,
Training and Rehabilitation;
(b) Chapters 616A
to 617, inclusive, of NRS for the
determination of contested claims;
(c) Chapter 91
of NRS for the judicial review of decisions of the Administrator of the
Securities Division of the Office of the Secretary of State; and
(d) NRS
90.800 for the use of summary orders in contested cases,
Ê prevail over
the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do
not apply to the Department of Health and Human Services in the adjudication of
contested cases involving the 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 not limited to, quarantine and the treatment or cleansing of infected or
infested animals, objects or premises, made under the authority of the State
Board of Agriculture, the State Board of Health, or any other agency of this
State in the discharge of a responsibility for the preservation of human or
animal health or for insect or pest control;
(b) An extraordinary regulation of the State
Board of Pharmacy adopted pursuant to NRS
453.2184;
(c) A regulation adopted by the State Board of
Education pursuant to NRS 392.644 or 394.1694; or
(d) The judicial review of decisions of the
Public Utilities Commission of Nevada.
6. The State Board of Parole Commissioners
is subject to the provisions of this chapter for the purpose of adopting
regulations but not 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, 20th
Special Session, 191; 2005,
22nd Special Session, 144; 2009, 2297;
2010,
26th Special Session, 86; 2011, 936, 2649; 2013, 9, 3314)
ADMINISTRATIVE REGULATIONS
NRS 233B.0395 Ratification of Nevada Administrative Code. The Nevada Administrative Code as most
recently revised or supplemented before May 15, 1987, and the text of those
regulations which have been prepared by the Legislative Counsel for inclusion
in the Nevada Administrative Code on or before 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; agency to explain failure to adopt.
1. To the extent authorized by the
statutes applicable to it, each agency may adopt reasonable regulations to aid
it in carrying out the functions assigned to it by law and shall adopt such
regulations as are necessary to the proper execution of those functions. If
adopted and filed in accordance with the provisions of this chapter, the
following regulations have the force of law and must be enforced by all peace
officers:
(a) The Nevada Administrative Code; and
(b) Temporary and emergency regulations.
Ê In every
instance, the power to adopt regulations to carry out a particular function is
limited by the terms of the grant of authority pursuant to which the function
was 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
not elsewhere provided in the regulation, a brief explanation of the procedures
for obtaining clarification of the regulation or relief from the strict
application of any of its terms, if the agency is authorized by a specific
statute to grant such relief, or otherwise dealing with the agency in
connection with the regulation.
3. An agency may adopt by reference in a
regulation material published by another authority in book or pamphlet form if:
(a) It files one copy of the publication with the
Secretary of State and one copy with the State Library and Archives
Administrator, and makes at least one copy available for public inspection with
its regulations; and
(b) The reference discloses the source and price
for purchase of the publication.
Ê An agency
shall not attempt to incorporate any other material in a regulation by reference.
4. An agency shall adopt a proposed
regulation not later than 2 years after the date on which the proposed
regulation is submitted to the Legislative Counsel pursuant to subsection 1 of NRS 233B.063. If an agency does not adopt a proposed
regulation within the time prescribed by this subsection, the executive head of
the agency shall appear personally before the Legislative Commission and
explain why the proposed regulation has not been adopted.
(Added to NRS by 1965, 963; A 1971, 804; 1977, 1385; 1985, 366, 1488; 1997, 3151; 2013, 77)
NRS 233B.045 Treatment of regulations adopted by certain entities other than
agencies. The Legislative Counsel
shall treat regulations adopted by entities other than agencies in the same
manner as regulations adopted by agencies if the entity is required by statute
to adopt the regulation in the manner prescribed by this chapter.
(Added to NRS by 2001, 2316)
NRS 233B.050 Rules of practice; public inspection of regulations, orders,
decisions and opinions; review of rules of practice and regulations; validity.
1. In addition to other regulation-making
requirements imposed by law, each agency shall:
(a) Adopt rules of practice, setting forth the
nature and requirements of all formal and informal procedures available,
including a description of all forms and instructions used by the agency.
(b) Make available for public inspection all
rules of practice and regulations adopted or used by the agency in the
discharge of its functions and that part of the Nevada Administrative Code
which contains its regulations.
(c) Make available for public inspection all
final orders, decisions and opinions except those expressly made confidential
or privileged by statute.
(d) Review its rules of practice at least once
every 3 years and file with the Secretary of State a statement setting forth
the date on which the most recent review of those rules was completed and
describing any revisions made as a result of the review.
(e) Review its regulations at least once every 10
years to determine whether it should amend or repeal any of the regulations.
Within 30 days after completion of the review, the agency shall submit a report
to the Legislative Counsel for distribution to the next regular session of the
Legislature. The report must include the date on which the agency completed its
review of the regulations and describe any regulation that must be amended or
repealed as a result of the review.
2. A regulation, rule, final order or
decision of an agency is not valid or effective against any person or party,
nor may it be invoked by the agency for any purpose, until it has been made
available for public inspection as required in this section, except that this
provision does not 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 Notice of adoption, amendment or repeal of permanent or
temporary regulation; adoption of permanent regulation after adoption of
temporary regulation.
1. Except as otherwise provided in
subsection 2 and NRS 233B.061, before adopting,
amending or repealing:
(a) A permanent regulation, the agency must,
after receiving the approved or revised text of the proposed regulation
prepared by the Legislative Counsel pursuant to NRS
233B.063, give at least 30 days’ notice of its intended action, unless a
shorter period of notice is specifically permitted by statute.
(b) A temporary regulation, the agency must give
at least 30 days’ notice of its intended action, unless a shorter period of
notice is specifically permitted by statute.
2. Except as otherwise provided in
subsection 3, if an agency has adopted a temporary regulation after notice and
the opportunity for a hearing as provided in this chapter, it may adopt, after
providing a second notice and the opportunity for a hearing, a permanent
regulation, but the language of the permanent regulation must first be approved
or revised by the Legislative Counsel and the adopted regulation must be
approved by the Legislative Commission or the Subcommittee to Review
Regulations appointed pursuant to subsection 6 of NRS
233B.067.
3. If the Public Utilities Commission of
Nevada has adopted a temporary regulation after notice and the opportunity for
a hearing as provided in this chapter, it may adopt a substantively equivalent
permanent regulation without further notice or hearing, but the language of the
permanent regulation must first be approved or revised by the Legislative
Counsel and the adopted regulation must be approved by the Legislative
Commission or the Subcommittee to Review Regulations.
(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; 2007, 871; 2009, 2284)
NRS 233B.0601 Notice of meeting or workshop regarding adoption of permanent or
temporary regulation: Agency to provide electronic copy to Legislative Counsel
Bureau for posting on website. At the
same time that an agency provides notice of any meeting or workshop relating to
the adoption of a proposed regulation pursuant to this chapter or NRS 241.020, the agency shall submit an
electronic copy of the notice to the Director of the Legislative Counsel
Bureau. The Director shall cause the notice to be posted on the same day on the
Internet website maintained by the Legislative Counsel Bureau.
(Added to NRS by 2013, 77)
NRS 233B.0603 Contents and form of notice of intent to adopt, amend or repeal
permanent or temporary regulation; solicitation of comments from public or
affected businesses.
1. The notice of intent to act upon a
regulation required pursuant to NRS 233B.060 must:
(a) Include:
(1) A statement of the need for and
purpose of the proposed regulation.
(2) If the proposed regulation is a
temporary regulation, either the terms or substance of the proposed regulation
or a description of the subjects and issues involved.
(3) If the proposed regulation is a
permanent regulation, a statement explaining how to obtain the approved or
revised text of the proposed regulation prepared by the Legislative Counsel
pursuant to NRS 233B.063.
(4) A statement of the estimated economic
effect of 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.
(5) A statement identifying the methods
used by the agency in determining the impact on a small business prepared pursuant
to subsection 3 of NRS 233B.0608.
(6) The estimated cost to the agency for
enforcement of the proposed regulation.
(7) A description of any regulations of
other state or local governmental agencies which the proposed regulation
overlaps or duplicates and a statement explaining why the duplication or
overlapping is necessary. If the regulation overlaps or duplicates a federal
regulation, the notice must include the name of the regulating federal agency.
(8) If the regulation is required pursuant
to federal law, a citation and description of the federal law.
(9) If the regulation includes provisions
which are more stringent than a federal regulation that regulates the same
activity, a summary of such provisions.
(10) The time when, the place where and
the manner in which interested persons may present their views regarding the
proposed regulation.
(b) If the proposed regulation is a temporary
regulation, state each address at which the text of the proposed regulation may
be inspected and copied.
(c) Include an exact copy of the provisions of
subsection 2 of NRS 233B.064.
(d) Include a statement indicating whether the
regulation establishes a new fee or increases an existing fee.
(e) Be mailed to all persons who have requested
in writing that they be placed upon a mailing list, which must be kept by the
agency for that purpose.
(f) Be submitted to the Legislative Counsel
Bureau for inclusion in the Register of Administrative Regulations created
pursuant to NRS 233B.0653. The publication of a
notice of intent to act upon a regulation in the Register does not satisfy the
requirements for notice set forth in paragraph (e).
2. The Attorney General may by regulation
prescribe the form of notice to be used.
3. In addition to distributing the notice
to each recipient of the agency’s regulations, the agency shall also solicit
comment generally from the public and from businesses to be affected by the
proposed regulation.
(Added to NRS by 1983, 1124; A 1995, 130, 239; 1997, 184, 1390; 2005, 1479; 2007, 872)
NRS 233B.0607 Proposed permanent or temporary regulation: Filing;
availability; contents.
1. The agency shall at the time of giving
the notice of intent to act upon a regulation required pursuant to NRS 233B.060:
(a) Deposit one copy of the notice and text of
the proposed regulation with the State Library and Archives Administrator;
(b) Keep at least one copy of the notice and text
available in each of its offices from the date of the notice to the date of the
hearing, for inspection and copying by the public; and
(c) If the agency does not maintain an office in
a county, deposit one copy of the notice and text with the librarian of the
main public library in the county.
2. The text of the proposed regulation so
disseminated must include the entire text of any section of the Nevada
Administrative Code which is proposed for amendment or repeal.
3. After the final version of an adopted
regulation is received, each such librarian may discard the deposited copy of
the text of the proposed regulation.
(Added to NRS by 1983, 1125; A 1983, 1245; 1985, 1489; 1995, 130; 1997, 3151; 2007, 873)
NRS 233B.0608 Proposed permanent or temporary regulation: Determination of
impact on small businesses; consultation with owners and officers of small
businesses; analysis of likely impact on small business; consideration of
methods to reduce impact on small businesses; preparation of small business
impact statement; requirement to include impact statement in submission to
Legislative Counsel Bureau.
1. Before conducting a workshop for a
proposed regulation pursuant to NRS 233B.061, an
agency shall make a concerted effort to determine whether the proposed
regulation is likely to:
(a) Impose a direct and significant economic
burden upon a small business; or
(b) Directly restrict the formation, operation or
expansion of a small business.
2. If an agency determines pursuant to
subsection 1 that a proposed regulation is likely to impose a direct and
significant economic 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
and officers of small businesses that are likely to be affected by the proposed
regulation.
(b) Conduct or cause to be conducted an analysis
of the likely impact of the proposed regulation on small businesses. Insofar as
practicable, the analysis must be conducted by the employee of the agency who
is most knowledgeable about the subject of the proposed regulation and its
likely impact on small businesses or by a consultant or other independent
contractor who has such knowledge and is retained by the agency.
(c) Consider methods to reduce the impact of the
proposed regulation on small businesses, including, without limitation:
(1) Simplifying the proposed regulation;
(2) Establishing different standards of
compliance for a small business; and
(3) Modifying a fee or fine set forth in
the regulation so that a small business is authorized to pay a lower fee or
fine.
(d) Prepare a small business impact statement and
make copies of the statement available to the public not less than 15 days
before the workshop conducted and the public hearing held pursuant to NRS 233B.061. A copy of the statement must accompany
the notice required by subsection 2 of NRS 233B.061
and the agenda for the public hearing held pursuant to that section.
3. The agency shall prepare a statement
identifying the methods used by the agency in determining the impact of a
proposed regulation on a small business and the reasons for the conclusions of
the agency. The director, executive head or other person who is responsible for
the agency shall sign the statement certifying that, to the best of his or her
knowledge or belief, a concerted effort was made to determine the impact of the
proposed regulation on small businesses and that the information contained in the
statement is accurate.
4. Each adopted regulation which is
submitted to the Legislative Counsel pursuant to NRS
233B.067 must be accompanied by a copy of the small business impact
statement and the statement made pursuant to subsection 3. If the agency
revises a regulation after preparing the small business impact statement and
the statement made pursuant to subsection 3, the agency must include an
explanation of the revision and the effect of the change on small businesses.
(Added to NRS by 1999, 2070; A 2005, 1480; 2013, 2305)
NRS 233B.0609 Proposed permanent or temporary regulation: Contents of small
business impact statement; person responsible for agency to sign impact
statement.
1. A small business impact statement
prepared pursuant to NRS 233B.0608 must set forth
the following information:
(a) A description of the manner in which comment
was solicited from affected small businesses, a summary of their response and
an explanation of the manner in which other interested persons may obtain a
copy of the summary.
(b) The manner in which the analysis was
conducted.
(c) The estimated economic effect of the proposed
regulation on the small businesses which it is to regulate, including, without
limitation:
(1) Both adverse and beneficial effects;
and
(2) Both direct and indirect effects.
(d) A description of the methods that the agency
considered to reduce the impact of the proposed regulation on small businesses
and a statement regarding whether the agency actually used any of those methods.
(e) The estimated cost to the agency for
enforcement of the proposed regulation.
(f) If the proposed regulation provides a new fee
or increases an existing fee, the total annual amount the agency expects to
collect and the manner in which the money will be used.
(g) If the proposed regulation includes
provisions which duplicate or are more stringent than federal, state or local
standards regulating the same activity, an explanation of why such duplicative
or more stringent provisions are necessary.
(h) The reasons for the conclusions of the agency
regarding the impact of a regulation on small businesses.
2. The director, executive head or other
person who is responsible for the agency shall sign the small business impact
statement certifying that, to the best of his or her knowledge or belief, the
information contained in the statement was prepared properly and is accurate.
(Added to NRS by 1999, 2071; A 2013, 2306)
NRS 233B.061 Proposed permanent or temporary regulation: Public comment;
workshop; public hearing; applicability of Open Meeting Law.
1. All interested persons must be afforded
a reasonable opportunity to submit data, views or arguments upon a proposed regulation,
orally or in writing.
2. Before holding the public hearing
required pursuant to subsection 3, an agency shall conduct at least one
workshop to solicit comments from interested persons on one or more general
topics to be addressed in a proposed regulation. Not less than 15 days before
the workshop, the agency shall provide notice of the time and place set for the
workshop:
(a) In writing to each person who has requested
to be placed on a mailing list; and
(b) In any other manner reasonably calculated to
provide such notice to the general public and any business that may be affected
by a proposed regulation which addresses the general topics to be considered at
the workshop.
3. With respect to substantive
regulations, the agency shall set a time and place for an oral public hearing,
but if no one appears who will be directly affected by the proposed regulation
and requests an oral hearing, the agency may proceed immediately to act upon
any written submissions. The agency shall consider fully all written and oral
submissions respecting the proposed regulation.
4. An agency shall not hold the public
hearing required pursuant to subsection 3 on the same day that the agency holds
the workshop required pursuant to subsection 2.
5. Each workshop and public hearing
required pursuant to subsections 2 and 3 must be conducted in accordance with
the provisions of chapter 241 of NRS.
(Added to NRS by 1983, 1125; A 1989, 571; 1997, 185; 2005, 1407; 2007, 873; 2009, 2284)
NRS 233B.0613 Emergency regulations.
1. If an agency determines that an
emergency exists, it shall submit to the Governor a written statement of the
emergency which sets forth the reasons for the determination. If the Governor
endorses the statement of the emergency by written endorsement at the end of
the full text of the statement of emergency on the original copy of a proposed
regulation, the regulation may be adopted and become effective immediately upon
its being filed in the Office of the Secretary of State pursuant to subsection
3 of NRS 233B.070. The statement of the emergency
endorsed by the Governor must be included as a part of the regulation for all
purposes.
2. If practicable, the agency shall, not
later than 9 a.m. on the first working day before the date on which the
emergency regulation is filed in the Office of the Secretary of State pursuant
to subsection 3 of NRS 233B.070, make the
emergency regulation available to the public by:
(a) Providing a copy of the emergency regulation
to a member of the public upon request; and
(b) Making a copy of the emergency regulation
available on its website on the Internet, if any.
3. If practicable, the agency shall, not
later than 9 a.m. on the first working day before the date of any hearing at
which the agency considers the emergency regulation, make the version of the
proposed emergency regulation that will be considered at the hearing available
to the public by:
(a) Providing a copy of the proposed emergency
regulation to a member of the public upon request; and
(b) Making a copy of the proposed emergency
regulation available on its website on the Internet, if any.
4. A regulation adopted pursuant to this
section may be effective for a period of not longer than 120 days. A regulation
may be adopted by this emergency procedure only once.
5. If an agency adopts, after providing
notice and the opportunity for a hearing as required in this chapter, a
permanent or temporary regulation which becomes effective and is substantially
identical to its effective emergency regulation, the emergency regulation
expires automatically on the effective date of the temporary or permanent
regulation.
(Added to NRS by 1983, 1125; A 1983, 1245; 1995, 131, 2580; 2003, 2005; 2011, 406)
NRS 233B.0617 Limitation on objections to regulation. No
regulation adopted after July 1, 1965, is valid unless adopted in substantial
compliance with this chapter but no objection to any regulation on the ground
of noncompliance with the procedural requirements of NRS
233B.060 to 233B.0617, inclusive, may be made
more than 2 years after its effective date. Regulations in effect on July 1,
1965, continue in effect until amended or repealed in accordance with the
provisions of this chapter, if an original and two copies were deposited with
the Secretary of State on or before July 1, 1965.
(Added to NRS by 1983, 1125)
NRS 233B.062 Policies for drafting and accessibility of regulations;
guidelines; permanent regulations to be included in Nevada Administrative Code;
distribution of emergency and temporary regulations.
1. It is the policy of this State that
every regulation of an agency be made easily accessible to the public and
expressed in clear and concise language. To assist in carrying out this policy:
(a) The Attorney General must develop guidelines
for drafting regulations; and
(b) Every permanent regulation must be
incorporated, excluding any forms used by the agency, any publication adopted
by reference, the title, any signature and other formal parts, in the Nevada
Administrative Code, and every emergency or temporary regulation must be
distributed in the same manner as the Nevada Administrative Code.
2. It is the policy of this State that
persons with physical, mental or cognitive disabilities are to be referred to
in the Nevada Administrative Code using language that is commonly viewed as
respectful and sentence structure that refers to the person before referring to
the person’s disability, in the same manner as provided in NRS 220.125 for Nevada Revised Statutes.
3. The Legislative Counsel shall:
(a) Include each permanent regulation in the
Nevada Administrative Code; and
(b) Distribute in the same manner as the Nevada
Administrative Code each emergency or temporary regulation,
Ê that is
required to be adopted pursuant to the provisions of this chapter and which is
adopted by an entity other than an agency.
4. The Legislative Commission may
authorize inclusion in the Nevada Administrative Code of the regulations of an
agency otherwise exempted from the requirements of this chapter.
(Added to NRS by 1977, 1381; A 1997, 186, 1391; 2001, 1422; 2007, 907)
NRS 233B.063 Submission of proposed permanent regulation to Legislative
Counsel; duties of Legislative Counsel; adoption of temporary regulation.
1. An agency that intends to adopt, amend
or repeal a permanent regulation must deliver to the Legislative Counsel a copy
of the proposed regulation. The Legislative Counsel shall examine and if
appropriate revise the language submitted so that it is clear, concise and
suitable for incorporation in the Nevada Administrative Code, but shall not
alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is
submitted to the Legislative Counsel between July 1 of an even-numbered year
and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall
deliver the approved or revised text of the regulation within 30 days after it
is submitted to the Legislative Counsel. If the proposed or revised text of a
regulation is changed before adoption, the agency shall submit the changed text
to the Legislative Counsel, who shall examine 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 of the succeeding odd-numbered year, the
Legislative Counsel shall return it with any appropriate revisions within 30
days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation
relates to standards for the issuance or renewal of licenses, permits or
certificates of registration issued to a person or facility regulated by the
agency, the Legislative Counsel shall also deliver one copy of the approved or
revised text of the regulation to the Legislative Committee on Health Care.
3. An agency may adopt a temporary
regulation between August 1 of an even-numbered year and July 1 of the
succeeding odd-numbered year without following the procedure required by this
section and NRS 233B.064, but any such regulation
expires by limitation on November 1 of the odd-numbered year. A substantively
identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a
permanent regulation between August 1 of an even-numbered year and July 1 of
the succeeding odd-numbered year by adopting a temporary regulation in the same
manner 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; 2007, 874; 2009, 531, 2285)
NRS 233B.0633 Temporary regulation: Review by Legislative Commission or
Subcommittee to Review Regulations; approval of or objection by Commission or
Subcommittee; revision and resubmission by agency.
1. Upon the request of a Legislator, the
Legislative Commission may examine a temporary regulation adopted by an agency
that is not yet effective pursuant to subsection 2 of NRS
233B.070 to determine whether the temporary regulation conforms to the
statutory authority pursuant to which it was adopted and whether the temporary
regulation carries out the intent of the Legislature in granting that
authority.
2. If a temporary regulation that the
Legislative Commission is requested to examine pursuant to subsection 1 was
required to be adopted by the agency pursuant to a federal statute or
regulation and the temporary regulation exceeds the specific statutory authority
of the agency or sets forth requirements that are more stringent than a statute
of this State, the agency shall submit a statement to the Legislative
Commission that adoption of the temporary regulation was required by a federal
statute or regulation. The statement must include the specific citation of the
federal statute or regulation requiring such adoption.
3. Except as otherwise provided in
subsection 4, the Legislative Commission shall:
(a) Review the temporary regulation at its next
regularly scheduled meeting if the request for examination of the temporary
regulation is received more than 10 working days before the meeting; or
(b) Refer the temporary regulation for review to
the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
4. If an agency determines that an
emergency exists which requires a temporary regulation of the agency for which
a Legislator requested an examination pursuant to subsection 1 to become
effective before the next meeting of the Legislative Commission is scheduled to
be held, the agency may notify the Legislative Counsel in writing of the
emergency. Upon receipt of such a notice, the Legislative Counsel shall refer
the temporary regulation for review by the Subcommittee to Review Regulations
as soon as practicable.
5. If the Legislative Commission, or the
Subcommittee to Review Regulations if the temporary regulation was referred,
approves the temporary regulation, the Legislative Counsel shall notify the
agency that the agency may file the temporary regulation with the Secretary of
State. If the Commission or the Subcommittee objects to the temporary
regulation after determining that:
(a) If subsection 2 is applicable, the temporary
regulation is not required pursuant to a federal statute or regulation;
(b) The temporary regulation does not conform to
statutory authority; or
(c) The temporary regulation does not carry out
legislative intent,
Ê the
Legislative Counsel shall attach to the temporary regulation a written notice
of the objection, including, if practicable, a statement of the reasons for the
objection, and shall promptly return the temporary regulation to the agency.
6. If the Legislative Commission or the
Subcommittee to Review Regulations has objected to a temporary regulation, the
agency that adopted the temporary regulation shall revise the temporary
regulation to conform to the statutory authority pursuant to which it was
adopted and to carry out the intent of the Legislature in granting that
authority and return it to the Legislative Counsel within 60 days after the
agency received the written notice of the objection to the temporary regulation
pursuant to subsection 5. Upon receipt of the revised temporary regulation, the
Legislative Counsel shall resubmit the temporary regulation to the Legislative Commission
or the Subcommittee for review. If the Legislative Commission or the
Subcommittee approves the revised temporary regulation, the Legislative Counsel
shall notify the agency that the agency may file the revised temporary
regulation with the Secretary of State.
7. If the Legislative Commission or the
Subcommittee to Review Regulations objects to the revised temporary regulation,
the Legislative Counsel shall attach to the revised temporary regulation a
written notice of the objection, including, if practicable, a statement of the
reasons for the objection, and shall promptly return the revised temporary
regulation to the agency. The agency shall continue to revise it and resubmit
it to the Legislative Commission or the Subcommittee within 30 days after the
agency received the written notice of the objection to the revised temporary
regulation.
(Added to NRS by 2003, 2003; A 2007, 874; 2009, 2285)
NRS 233B.0635 Permanent regulation: Reimbursement of Legislative Counsel
Bureau for cost of examination and revision.
1. Except as otherwise provided in this
section, each agency which submits a regulation for examination and revision
pursuant to subsection 1 or 2 of NRS 233B.063
shall reimburse the Legislative Counsel Bureau for the cost of the examination
and revision. The Legislative Commission shall establish the amount of
reimbursement required pursuant to this subsection.
2. The reimbursement required pursuant to
subsection 1:
(a) Must be an hourly fee for each hour spent by
employees of the Legal Division of the Legislative Counsel Bureau in examining
and revising the regulation. The hourly fee must not exceed the average hourly
salary of the persons whose salaries are reimbursed pursuant to this section.
(b) Must be established at a rate calculated to
generate the amount approved in the budget of the Legislative Counsel Bureau
for such reimbursement.
(c) Must not be charged to agencies whose budgets
are supported entirely from the State General Fund.
(Added to NRS by 1993, 856; A 1993, 2266)
NRS 233B.064 Permanent regulation not to be adopted until text approved or
revised by Legislative Counsel; agency’s reasons for adoption.
1. An agency shall not adopt, amend or
repeal a permanent regulation until it has received from the Legislative Counsel
the approved or revised text of the regulation in the form to be adopted. The
agency shall immediately notify the Legislative Counsel in writing of the date
of adoption of each regulation adopted.
2. Upon adoption of any regulation, the
agency, if requested to do so by an interested person, either before adoption
or within 30 days thereafter, shall issue a concise statement of the principal
reasons for and against its adoption, and incorporate therein its reason for
overruling the consideration urged against its adoption.
(Added to NRS by 1977, 1382; A 1997, 1391)
NRS 233B.065 Production and distribution of Nevada Administrative Code.
1. The Legislative Counsel shall prescribe
the numbering, page size, style and typography of the Nevada Administrative
Code. For convenience of reproduction in the Nevada Administrative Code, the
Legislative Counsel may prescribe the same matters in original agency
regulations.
2. The Legislative Counsel shall cause to
be included in the Nevada Administrative Code the:
(a) Date on which an agency last completed a
review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050; and
(b) Citation of authority pursuant to which the
agency adopted each section of a permanent regulation.
3. The Legislative Counsel shall prepare
or cause the State Printer to prepare such sets of the Nevada Administrative
Code and of supplementary pages as are required from time to time. A set must
be provided to and kept respectively:
(a) By the Secretary of State as the master copy;
(b) By the State Library and Archives
Administrator for public use;
(c) By the Attorney General for his or her use
and that of the Executive Department; and
(d) By the Legislative Counsel for his or her use
and that of the Legislature.
Ê The
Legislative 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 be
kept 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
that date a member of the Legislature; and
(b) To each Legislator who has so acquired the
Nevada Administrative Code, the replacement or supplementary pages which are
issued during the Legislator’s term of office.
5. Each agency shall reimburse the
Legislative Counsel Bureau and the State Printing Office for their respective
costs in preparing and keeping current that agency’s portion of the Nevada
Administrative Code in the number of copies required for official and public
use. If additional sets or pages are sold, the Legislative Commission shall set
sale prices sufficient to recover at least the cost of production and
distribution of the additional sets 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 Register of Administrative Regulations: Contents; frequency of
publication; distribution and sale; immunity for omissions.
1. The Legislative Counsel shall prepare
and publish or cause to be prepared and published a Register of Administrative
Regulations. The Register must include the following information regarding each
permanent regulation adopted by an agency:
(a) The proposed and adopted text of the
regulation and any revised version of the regulation;
(b) The notice of intent to act upon the
regulation set forth in NRS 233B.0603;
(c) The written notice of adoption of the
regulation required pursuant to NRS 233B.064;
(d) The informational statement required pursuant
to NRS 233B.066; and
(e) The effective date of the regulation, as
determined pursuant to NRS 233B.070.
Ê In carrying
out the duties set forth in this subsection, the Legislative Counsel may use
the services of the State Printing Office.
2. The Legislative Counsel shall publish
the Register not 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 copy of the Register to any person or governmental entity that
requests a copy, at a price which does not exceed the cost of publishing the
additional copy.
5. The Legislative Counsel is immune from
civil liability which may result from failure to include any information in the
Register.
(Added to NRS by 1997, 1389; A 2005, 1085)
NRS 233B.0656 Register of Administrative Regulations: Access via Internet.
1. The Legislative Counsel shall, without
charge, make available for access on the Internet or its successor, if any, the
information contained in the Register of Administrative Regulations created
pursuant to NRS 233B.0653. The Legislative
Counsel may determine the manner in which this information is compiled and must
revise the information at least as often as the Register is published pursuant
to NRS 233B.0653.
2. This section must not be construed to
require the Legislative Counsel to provide any equipment or service that would
enable a person to access the Internet.
(Added to NRS by 1997, 1390)
NRS 233B.0658 Explanatory statement required concerning emergency actions;
contents of statement; inclusion in Register of Administrative Regulations. An agency that takes an emergency action as
described in paragraph (l) of subsection 2 of NRS
233B.038 shall file with the Legislative Counsel within 5 working days
after taking the action a statement that describes the action taken and the
reason for the action. If the agency is prohibited by federal law, regulation,
interpretation or instruction from describing the action taken or the reason
for the action, the statement must cite the federal law, regulation, interpretation
or instruction that prohibits such disclosure. The Legislative Counsel shall
include a statement filed pursuant to this section in the Register of
Administrative Regulations published pursuant to NRS
233B.0653.
(Added to NRS by 1999, 2405)
NRS 233B.066 Informational statement required concerning adopted permanent or
temporary regulation; contents of statement.
1. Except as otherwise provided in
subsection 2, each adopted regulation which is submitted to the Legislative
Counsel pursuant to NRS 233B.067 or filed with the
Secretary of State pursuant to subsection 2 or 3 of NRS
233B.070 must be accompanied by a statement concerning the regulation which
contains the following information:
(a) A clear and concise explanation of the need
for the adopted regulation.
(b) A description of how public comment was
solicited, a summary of the public response and an explanation of how other
interested persons may obtain a copy of the summary.
(c) The number of persons who:
(1) Attended each hearing;
(2) Testified at each hearing; and
(3) Submitted to the agency written
statements.
(d) For each person identified in subparagraphs
(2) and (3) of paragraph (c), the following information if provided to the
agency conducting the hearing:
(1) Name;
(2) Telephone number;
(3) Business address;
(4) Business telephone number;
(5) Electronic mail address; and
(6) Name of entity or organization
represented.
(e) A description of how comment was solicited
from affected businesses, a summary of their response and an explanation of how
other interested persons may obtain a copy of the summary.
(f) If the regulation was adopted without
changing any part of the proposed regulation, a summary of the reasons for
adopting the regulation without change.
(g) The estimated economic effect of 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:
(1) Both adverse and beneficial effects;
and
(2) Both immediate and long-term effects.
(h) The estimated cost to the agency for
enforcement of the proposed regulation.
(i) A description of any regulations of other
state or government agencies which the proposed regulation overlaps or
duplicates and a statement explaining why the duplication or overlapping is
necessary. If the regulation overlaps or duplicates a federal regulation, the
name of the regulating federal agency.
(j) If the regulation includes provisions which
are more stringent than a federal regulation which regulates the same activity,
a summary of such provisions.
(k) If the regulation provides a new fee or
increases an existing fee, the total annual amount the agency expects to
collect and the manner in which the money will be used.
2. The requirements of paragraphs (b) to
(f), 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; 2011, 379; 2013, 78)
NRS 233B.0665 Failure to submit informational statement concerning permanent
regulation. If a regulation
submitted to the Legislative Counsel Bureau pursuant to NRS
233B.067 is not accompanied by an informational statement which complies
with the requirements of NRS 233B.066 or a small
business impact statement which complies with the requirements of NRS 233B.0608 and 233B.0609,
the Legislative Counsel shall return the regulation to the agency with a note
indicating the statement which is missing. Unless the missing statement is
supplied, the Legislative Counsel shall not submit the regulation to the
Legislative Commission or the Subcommittee to Review Regulations, as
applicable, and the regulation never becomes effective.
(Added to NRS by 1981, 186; A 1995, 2583; 1999, 2204; 2007, 876; 2013, 2307)
NRS 233B.067 Permanent regulation: Review by Legislative Commission or
Subcommittee to Review Regulations; approval of or rejection by Commission or
Subcommittee; appointment of members to Subcommittee.
1. After adopting a permanent regulation,
the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted
to the Legislative Counsel for review by the Legislative Commission to
determine whether to approve the regulation. The Legislative Counsel shall
endorse on the original and the copy of each adopted regulation the date of
their receipt. The Legislative Counsel shall maintain the copy of the
regulation in a file and make the copy available for public inspection for 2
years.
2. If an agency submits an adopted
regulation to the Legislative Counsel pursuant to subsection 1 that:
(a) The agency is required to adopt pursuant to a
federal statute or regulation; and
(b) Exceeds the specific statutory authority of
the agency or sets forth requirements that are more stringent than a statute of
this State,
Ê it shall
include a statement that adoption of the regulation is required by a federal
statute or regulation. The statement must include the specific citation of the
federal statute or regulation requiring such adoption.
3. Except as otherwise provided in
subsection 4, the Legislative Commission shall:
(a) Review the regulation at its next regularly
scheduled meeting if the regulation is received more than 10 working days
before the meeting; or
(b) Refer the regulation for review to the
Subcommittee to Review Regulations appointed pursuant to subsection 6.
4. If an agency determines that an
emergency exists which requires a regulation of the agency submitted pursuant
to subsection 1 to become effective before the next meeting of the Legislative
Commission is scheduled to be held, the agency may notify the Legislative
Counsel in writing of the emergency. Upon receipt of such a notice, the
Legislative Counsel shall refer the regulation for review by the Subcommittee
to Review Regulations. The Subcommittee shall meet to review the regulation as
soon as practicable.
5. If the Legislative Commission, or the
Subcommittee to Review Regulations if the regulation was referred, approves the
regulation, the Legislative Counsel shall promptly file the regulation with the
Secretary of State and notify the agency of the filing. If the Commission or
Subcommittee objects to the regulation after determining that:
(a) If subsection 2 is applicable, the regulation
is not required pursuant to a federal statute or regulation;
(b) The regulation does not conform to statutory
authority;
(c) The regulation does not carry out legislative
intent;
(d) The small business impact statement is
inaccurate, incomplete or did not adequately consider or significantly
underestimated the economic effect of the regulation on small businesses; or
(e) The agency has not provided a satisfactory
explanation of the need for the regulation in its informational statement as
required pursuant to NRS 233B.066, or the
informational statement is insufficient or incomplete,
Ê the
Legislative Counsel shall attach to the regulation a written notice of the
objection, including, if practicable, a statement of the reasons for the
objection, and shall promptly return the regulation to the agency.
6. As soon as practicable after each
regular legislative session, the Legislative Commission shall appoint a
Subcommittee to Review Regulations consisting of at least three members or
alternate members of the Legislative Commission.
(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; 2007, 876; 2009, 2287;
2011, 3674;
2013, 79,
2307)
NRS 233B.0675 Permanent regulation: Revision and resubmission of regulation
objected to by Legislative Commission or Subcommittee to Review Regulations;
approval of or objection to revised regulation by Commission or Subcommittee.
1. If the Legislative Commission, or the
Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067, has objected to a regulation, the
agency shall revise the regulation to conform to the statutory authority
pursuant to which it was adopted and to carry out the intent of the Legislature
in granting that authority and return it to the Legislative Counsel within 60
days after the agency received the written notice of the objection to the
regulation pursuant to NRS 233B.067. Upon receipt
of the revised regulation, the Legislative Counsel shall resubmit the
regulation to the Commission or Subcommittee for review. If the Commission or
Subcommittee approves the revised regulation, the Legislative Counsel shall
promptly file the revised regulation with the Secretary of State and notify the
agency of the filing.
2. If the Legislative Commission or
Subcommittee objects to the revised regulation, the Legislative Counsel shall
attach to the revised regulation a written notice of the objection, including,
if practicable, a statement of the reasons for the objection, and shall
promptly return the revised regulation to the agency. The agency shall continue
to revise it and resubmit it to the Commission or Subcommittee within 30 days
after the agency received the written notice of the objection to the revised
regulation.
(Added to NRS by 1981, 510; A 1987, 1582; 1997, 276; 1999, 902, 2205; 2005, 2688; 2007, 877; 2009, 2288)
NRS 233B.0677 Meeting to review adopted temporary or permanent regulations:
Written notice; list of regulations to be reviewed to be posted on website
maintained by Legislative Counsel Bureau.
1. Before holding a meeting to review
temporary regulations pursuant to NRS 233B.0633
or adopted regulations pursuant to NRS 233B.067 or
233B.0675, the Legislative Commission or the
Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067, as applicable, shall provide written
notice of the meeting at least 3 working days before the meeting. The notice
must include, without limitation:
(a) A list of the regulations that the
Legislative Commission or the Subcommittee to Review Regulations will review at
the meeting; and
(b) An explanation of the manner in which a
person may obtain a copy of a regulation that the Legislative Commission or
Subcommittee to Review Regulations will review at the meeting.
2. If the Legislative Counsel Bureau
maintains a website on the Internet or its successor, the Legislative Counsel
Bureau shall, at least 3 working days before the Legislative Commission or the
Subcommittee to Review Regulations holds a meeting to review temporary
regulations pursuant to NRS 233B.0633 or adopted
regulations pursuant to NRS 233B.067 or 233B.0675, post on its website a list of the
regulations that the Legislative Commission or the Subcommittee to Review
Regulations will review at the meeting, unless the Legislative Counsel Bureau
is unable to do so because of technical problems relating to the operation or
maintenance of its website.
(Added to NRS by 2007, 871)
NRS 233B.0681 Early review of permanent regulation by Legislative Commission;
waiver of review. The Legislative
Commission may provide for:
1. Its early review of a proposed
permanent regulation after the agency has given notice of a hearing on the
regulation but before the hearing is held. If the permanent regulation adopted
after the hearing is identical to the regulation submitted for early review,
the Legislative Counsel shall promptly file the regulation with the Secretary
of State and notify the agency of the filing.
2. A waiver of its review of a permanent
regulation in a case of administrative convenience or necessity.
(Added to NRS by 1981, 510; A 1999, 2205; 2003, 2007)
NRS 233B.070 Effective date of permanent, temporary and emergency
regulations; dissemination of regulations; duties of Secretary of State.
1. A permanent regulation becomes
effective when the Legislative Counsel files with the Secretary of State the
original of the final draft or revision of a regulation, except as otherwise
provided in NRS 293.247 or where a
later date is specified in the regulation.
2. Except as otherwise provided in NRS 233B.0633, an agency that has adopted a
temporary regulation may not file the temporary regulation with the Secretary
of State until 35 days after the date on which the temporary regulation was
adopted by the agency. A temporary regulation becomes effective when the agency
files with the Secretary of State the original of the final draft or revision
of the regulation, together with the informational statement prepared pursuant
to NRS 233B.066. The agency shall also file a copy
of the temporary regulation with the Legislative Counsel, together with the
informational statement prepared pursuant to NRS
233B.066.
3. An emergency regulation becomes
effective when the agency files with the Secretary of State the original of the
final draft or revision of an emergency regulation, together with the
informational statement prepared pursuant to NRS
233B.066. The agency shall also file a copy of the emergency regulation
with the Legislative Counsel, together with the informational statement
prepared pursuant to NRS 233B.066.
4. The Secretary of State shall maintain
the original of the final draft or revision of each regulation in a permanent
file to be used only for the preparation of official copies.
5. The Secretary of State shall file, with
the original of each agency’s rules of practice, the current statement of the
agency concerning the date and results of its most recent review of those
rules.
6. Immediately after each permanent or
temporary regulation is filed, the agency shall deliver one copy of the final
draft or revision, bearing the stamp of the Secretary of State indicating that
it has been filed, including material adopted by reference which is not already
filed with the State Library and Archives Administrator, to the State Library
and Archives Administrator for use by the public. If the agency is a licensing
board as defined in NRS 439B.225 and
it has adopted a permanent regulation relating to standards for the issuance or
renewal of licenses, permits or certificates of registration issued to a person
or facility regulated by the agency, the agency shall also deliver one copy of
the regulation, bearing the stamp of the Secretary of State, to the Legislative
Committee on Health Care within 10 days after the regulation is filed with the
Secretary of State.
7. Each agency shall furnish a copy of all
or part of that part of the Nevada Administrative Code which contains its
regulations, to any person who requests a copy, and may charge a reasonable fee
for the copy based on the cost of reproduction if it does not have money
appropriated or authorized for that purpose.
8. An agency which publishes any regulations
included in the Nevada Administrative Code shall use the exact text of the
regulation as it appears in the Nevada Administrative Code, including the
leadlines and numbers of the sections. Any other material which an agency
includes in a publication with its regulations must be presented in a form
which clearly distinguishes 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; 2007, 877, 2622; 2009, 532)
NRS 233B.080 Inactive files of Secretary of State. When
any regulation filed with the Secretary of State expires by its own terms or is
replaced by an amended regulation or repealed, and the adopting agency so
informs the Secretary of State, the Secretary of State shall cause the
regulation to be placed in an inactive file.
(Added to NRS by 1965, 965; A 1985, 256)
NRS 233B.090 Rebuttable presumption of regularity of adoption and filing of
regulation. The Secretary of
State’s authenticated file stamp on the original of the final draft or revision
of a regulation raises a rebuttable presumption that the regulation was adopted
and filed in compliance with all requirements necessary to make it effective.
(Added to NRS by 1965, 965; A 1977, 1549)
NRS 233B.100 Petition for adoption, filing, amendment or repeal of
regulation; amendment or suspension of regulation by Governor.
1. Any interested person may petition an
agency requesting the adoption, filing, amendment or repeal of any regulation
and shall accompany the petition with relevant data, views and arguments. Each
agency shall prescribe by regulation the form for such petitions and the
procedure for their submission, consideration and disposition. Upon submission
of such a petition, the agency shall within 30 days either deny the petition in
writing, stating its reasons, or initiate regulation-making proceedings.
2. Any regulation of any agency is subject
to amendment 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 Objection to adopted regulation by small business; basis and
procedure for objection; amendment of regulation.
1. A small business that is aggrieved by a
regulation adopted by an agency on or after January 1, 2000, may object to all
or a part of the regulation by filing a petition with the agency that adopted
the regulation within 90 days after the date on which the regulation was
adopted. An agency which receives such a petition shall transmit a copy of the
petition to the Legislative Counsel for submission to the Legislative
Commission or the Subcommittee to Review Regulations appointed pursuant to
subsection 6 of NRS 233B.067.
2. A petition filed pursuant to subsection
1 may be based on the following grounds:
(a) The agency failed to prepare a small business
impact statement as required pursuant to NRS
233B.0608 and 233B.0609; or
(b) The small business impact statement prepared
by the agency pursuant to NRS 233B.0608 and 233B.0609 is inaccurate, incomplete or did not
adequately consider or significantly underestimated the economic effect of the
regulation on small businesses.
3. After receiving a petition pursuant to
subsection 1, an agency shall determine whether the petition has merit. If the
agency determines that the petition has merit, the agency may, pursuant to this
chapter, take action to amend the regulation to which the small business
objected.
(Added to NRS by 1999, 2071; A 2013, 2308)
NRS 233B.110 Declaratory judgment to determine validity or applicability of
regulation.
1. The validity or applicability of any
regulation may be determined in a proceeding for a declaratory judgment in the
district court in 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, interferes with or impairs, or threatens to interfere with or
impair, the legal rights or privileges of the plaintiff. A declaratory judgment
may be rendered after the plaintiff has first requested the agency to pass upon
the validity of the regulation in question. The court shall declare the
regulation invalid if it finds that it violates constitutional or statutory
provisions or exceeds the statutory authority of the agency. The agency whose
regulation is made the subject of the declaratory action shall be made a party
to the action.
2. An agency may institute an action for
declaratory judgment to establish the validity of any one or more of its own
regulations.
3. Actions for declaratory judgment
provided for in subsections 1 and 2 shall be in accordance with the Uniform
Declaratory Judgments Act (chapter 30 of
NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections
1 and 2, the plaintiff shall serve a copy of the complaint upon the Attorney
General, who is also entitled to be heard.
(Added to NRS by 1965, 965; A 1969, 317; 1977, 1388)
NRS 233B.115 Legislative Commission: Review of forms; revision and
resubmission by agency; procedure upon refusal of agency to revise form.
1. Any person who objects to the content
of a form required by an agency to be used in submitting an application, making
a declaration or providing other information may request the Legislative
Commission to determine whether the information required and the instructions
for its preparation conform to the statutory authority pursuant to which the
agency requires it. The Legislative Commission may also make such a determination
on its own motion.
2. If the Legislative Commission finds
that any part of the information or instructions does not conform to statutory
authority, the Legislative Counsel shall so notify the agency.
3. After notification by the Legislative
Counsel of the Legislative Commission’s objection to the form, the agency may
revise the form to conform to statutory authority and resubmit it to the
Legislative Commission. The agency shall not use the form until it has
submitted a revised version to the Legislative Commission and the Commission
has approved the form.
4. If the agency refuses to revise the
form, it shall not use the form until after the expiration of the first 30 days
of the next regular session of the Legislature. Before the 30th day of the next
regular session the Legislature may, by concurrent resolution, declare that the
form must not be used. The Legislative Counsel shall thereupon notify the
agency that it shall not use the form. If the Legislature has not so declared
by the 30th day of the session, the Legislative Counsel shall promptly notify
the agency that it may use the form.
(Added to NRS by 1985, 655; A 1987, 1582; 1997, 277; 1999, 2206)
NRS 233B.120 Petitions for declaratory orders and advisory opinions;
disposition. Each agency shall
provide by regulation for the filing and prompt disposition of petitions for
declaratory orders and advisory opinions as to the applicability of any
statutory provision, agency regulation or decision of the agency. Declaratory
orders disposing of petitions in such cases shall have the same status as
agency decisions. A copy of the declaratory order or advisory opinion shall be
mailed to the petitioner.
(Added to NRS by 1965, 966)
ADJUDICATION OF CONTESTED CASES
NRS 233B.121 Notice of hearing in contested case; contents of notice;
representation by counsel; opportunity to respond and present evidence;
informal disposition; contents of record; transcriptions; findings of fact.
1. In a contested case, all parties must
be afforded an opportunity for hearing after reasonable notice.
2. The notice must include:
(a) A statement of the time, place and nature of
the hearing.
(b) A statement of the legal authority and
jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the
statutes and regulations involved.
(d) A short and plain statement of the matters
asserted. If the agency or other party is unable to state the matters in detail
at the time the notice is served, the initial notice may be limited to a
statement of the issues involved. Thereafter, upon application, a more definite
and detailed statement must be furnished.
3. Any party is entitled to be represented
by counsel.
4. Opportunity must be afforded all parties
to respond and present evidence and argument on all issues involved. An agency
may by regulation authorize the payment of fees and reimbursement for mileage
to witnesses in the same amounts and under the same conditions as for witnesses
in the courts of this state.
5. Unless precluded by law, informal
disposition may be made of any contested case by stipulation, agreed
settlement, consent order or default. If an informal disposition is made, the
parties may waive the requirement 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,
and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the
hearing officer presiding at the hearing.
7. Oral proceedings, or any part thereof,
must be transcribed on request of any party.
8. Findings of fact must be based
exclusively on substantial evidence and on matters officially noticed.
(Added to NRS by 1967, 808; A 1977, 56, 1062; 1985, 350)
NRS 233B.122 Certain members of agency prohibited from taking part in
adjudication; replacement of disqualified officer.
1. No agency member who acts as an
investigator or prosecutor in any contested case may take any part in the
adjudication of such case.
2. If an officer of an agency disqualifies
himself or herself or is disqualified from participating in the adjudication of
any contested case in which a decision will be rendered which is subject to
judicial review, the officer shall send within 3 working days after the
disqualification a notice of it to the authority which appointed him or her to
the agency. The appointing authority shall within 5 working days after
receiving the notice appoint a person to serve in the place of the disqualified
officer only for the purpose of participating in the adjudication of the
contested case.
3. The person appointed under subsection 2
shall have the same qualifications required by law of the officer whom the
person replaces and is entitled to the same salary and per diem and travel
expenses allowed to that officer.
(Added to NRS by 1967, 808; A 1977, 661)
NRS 233B.123 Evidence. In
contested cases:
1. Irrelevant, immaterial or unduly
repetitious evidence must be excluded. Evidence may be admitted, except where
precluded by statute, if it is of a type commonly relied upon by reasonable and
prudent persons in the conduct of their affairs. Agencies shall give effect to
the rules of privilege recognized by law. Objections to evidentiary offers may
be made and must be noted in the record. Subject to the requirements of this
subsection, when a hearing will be expedited and the interests of the parties
will not be prejudiced substantially, any part of the evidence may be received
in written form.
2. Documentary evidence may be received in
the form of authenticated copies or excerpts, if the original is not readily
available. Upon request, parties must be given an opportunity to compare the
copy with the original.
3. Every witness shall declare, by oath or
affirmation, that he or she will testify truthfully.
4. Each party may call and examine
witnesses, introduce exhibits, cross-examine opposing witnesses on any matter
relevant to the issues even though the matter was not covered in the direct
examination, impeach any witness, regardless of which party first called the
witness to testify, and rebut the evidence against him or her.
5. Notice may be taken of judicially
cognizable facts and of generally recognized technical or scientific facts
within the specialized knowledge of the agency. Parties must be notified either
before or during the hearing, or by reference in preliminary reports or
otherwise, of the material noticed, including any staff memoranda or data, and
they must be afforded 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 the evidence.
(Added to NRS by 1967, 808; A 1977, 57; 1997, 1603)
NRS 233B.1233 Administration of oath or affirmation to witness. Unless limited by a specific statute, any
person authorized to preside over a hearing in a contested case may administer
oaths or affirmations to witnesses appearing before him or her in the hearing.
(Added to NRS by 1981, 80)
NRS 233B.1235 Person with communications disability entitled to services of
interpreter at hearing. A witness
during his or her testimony at a hearing of a contested case, who is a person
with a communications disability as defined in NRS 50.050, is entitled to the services of
an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be
appointed by the person who presides at the hearing.
(Added to NRS by 1979, 657; A 2001, 1777; 2007, 172)
NRS 233B.124 Procedure when majority of agency’s officers rendering final
decision have not heard case or read record: Service of proposal for decision;
oral argument. Where, in a
contested case, a majority of the officials of the agency who are to render the
final decision have not heard the case or read the record, the decision, if
adverse to a party to the proceeding other than the agency itself, shall not be
made until a proposal for decision is served upon the parties, and an
opportunity is afforded to each party adversely affected to file, within 20
days, exceptions and present briefs and oral argument to the officials who are
to render the decision. The proposal for decision shall contain a statement of
the reasons therefor and of each issue of fact or law necessary to the proposed
decision, prepared by the person who conducted the hearing or one who has read
the record. The parties by written stipulation may waive compliance with this
section.
(Added to NRS by 1967, 809)
NRS 233B.125 Contents of adverse written decision or order; notice; copies. A decision or order adverse to a party in a
contested case must be in writing or stated in the record. Except as provided
in subsection 5 of NRS 233B.121, a final decision
must include findings of fact and conclusions of law, separately stated.
Findings of fact and decisions must be based upon substantial evidence.
Findings of fact, if set forth in statutory language, must be accompanied by a
concise and explicit statement of the underlying facts supporting the findings.
If, in accordance with agency regulations, a party submitted proposed findings
of fact, the decision must include a ruling upon each proposed finding. Parties
must be notified either personally or by certified mail of any decision or
order. Upon request a copy of the decision or order must be delivered or mailed
forthwith to each party and to the party’s attorney of record.
(Added to NRS by 1967, 809; A 1985, 351)
NRS 233B.126 Limitations on communications of agency’s members or employees
rendering decision or making findings of fact and conclusions of law. Unless required for the disposition of ex
parte matters authorized by law, members or employees of an agency assigned to
render a decision or to make findings of fact and conclusions of law in a
contested case shall not communicate, directly or 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 the party’s representative, except upon notice
and opportunity to all parties to participate. An agency member may, subject to
the provisions of NRS 233B.123:
1. Communicate with other members of the
agency.
2. Have the aid and advice of one or more
personal assistants.
(Added to NRS by 1967, 809)
NRS 233B.127 Applicability of chapter to grant, denial or renewal of license;
expiration of license; notice of adverse action by agency; summary suspension
of license.
1. When the grant, denial or renewal of a
license is required to be preceded by notice and opportunity for hearing, the
provisions of this chapter concerning contested cases apply.
2. When a licensee has made timely and
sufficient application for the renewal of a license or for a new license with
reference to any activity of a continuing nature, the existing license does not
expire until the application has been finally determined by the agency and, in
case the application is denied or the terms of the new license limited, until
the last day for seeking review of the agency order or a later date fixed by
order of the reviewing court.
3. No revocation, suspension, annulment or
withdrawal of any license is lawful unless, before the institution of agency
proceedings, the agency gave notice by certified mail to the licensee of facts
or conduct which warrant the intended action, and the licensee was given an
opportunity to show compliance with all lawful requirements for the retention
of the license. If the agency finds that public health, safety or welfare
imperatively require emergency action, and incorporates a finding to that
effect in its order, summary suspension of a license may be ordered pending
proceedings for revocation or other action. An agency’s order of summary
suspension may be issued by the agency or by the Chair of the governing body of
the agency. If the order of summary suspension is issued by the Chair of the
governing body of the agency, the Chair shall not participate in any further
proceedings of the agency relating to that order. Proceedings relating to the
order of summary suspension must be instituted and determined within 45 days
after the date of the order unless the agency and the licensee mutually agree
in writing to a longer period.
(Added to NRS by 1967, 810; A 2005, 1002; 2007, 557; 2009, 651)
NRS 233B.130 Judicial review; requirements for petition; statement of intent
to participate; petition for rehearing.
1. Any party who is:
(a) Identified as a party of record by an agency
in an administrative proceeding; and
(b) Aggrieved by a final decision in a contested
case,
Ê is entitled
to 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 at
a 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 is
reviewable if review of the final decision of the agency would not provide an
adequate remedy.
2. Petitions for judicial review must:
(a) Name as respondents the agency and all
parties of record to the administrative proceeding;
(b) Be instituted by filing a petition in the
district court in and for Carson City, in and for the county in which the
aggrieved party resides or in and for the county where the agency proceeding
occurred; and
(c) Be filed within 30 days after service of the
final decision of the agency.
Ê
Cross-petitions for judicial review must be filed within 10 days after service
of a petition for judicial review.
3. The agency and any party desiring to
participate in the judicial review must file a statement of intent to
participate in the petition for judicial review and serve the statement upon
the agency and every party within 20 days after service of the petition.
4. A petition for rehearing or
reconsideration must be filed within 15 days after the date of service of the
final decision. An order granting or denying the petition must be served on all
parties at least 5 days before the expiration of the time for filing the
petition for judicial review. If the petition is granted, the subsequent order
shall be deemed the final order for the purpose of judicial review.
5. The petition for judicial review and
any cross-petitions for judicial review must be served upon the agency and
every party within 45 days after the filing of the petition, unless, upon a
showing of good cause, the district court extends the time for such service. If
the proceeding involves a petition for judicial review or cross-petition for judicial
review of a final decision of the State Contractors’ Board, the district court may,
on its own motion or the motion of a party, dismiss from the proceeding any
agency or person who:
(a) Is named as a party in the petition for
judicial review or cross-petition for judicial review; and
(b) Was not a party to the administrative
proceeding for which the petition for judicial review or cross-petition for
judicial review was filed.
6. The provisions of this chapter are the
exclusive means of judicial review of, or judicial action concerning, a final
decision in a 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; 2007, 558)
NRS 233B.131 Transmittal of record of proceedings to reviewing court by
agency; additional evidence; modification of findings by agency.
1. Within 30 days after the service of the
petition for judicial review or such time as is allowed by the court, the
agency that rendered the decision which is the subject of the petition shall
transmit to the reviewing court the original or a certified copy of the entire
record of the proceeding under review, including a transcript of the evidence
resulting in the final decision of the agency. The record may be shortened by
stipulation of the parties to the proceedings. A party unreasonably refusing to
stipulate to limit the record, as determined by the court, may be assessed by
the court any additional costs. The court may require or permit subsequent
corrections or additions to the record.
2. If, before submission to the court, an
application is made to the court for leave to present additional evidence, and
it is shown to the satisfaction of the court that the additional evidence is
material and that there were good reasons for failure to present it in the
proceeding before the agency, the court may order that the additional evidence
and any rebuttal evidence be taken before the agency upon such conditions as
the court determines.
3. After receipt of any additional
evidence, the agency:
(a) May modify its findings and decision; and
(b) Shall file the evidence and any
modifications, new findings or decisions with the reviewing court.
(Added to NRS by 1989, 1649)
NRS 233B.133 Memoranda of points and authorities: Time for filing memorandum
and reply; request for hearing; required form.
1. A petitioner or cross-petitioner who is
seeking judicial review must serve and file a memorandum of points and
authorities within 40 days after the agency gives written notice to the parties
that the record of the proceeding under review has been filed with the court.
2. The respondent or cross-petitioner
shall serve and file a reply memorandum of points and authorities within 30
days after service of the memorandum of points and authorities.
3. The petitioner or cross-petitioner may
serve and file reply memoranda of points and authorities within 30 days after service
of the reply memorandum.
4. Within 7 days after the expiration of
the time within which the petitioner is required to reply, any party may
request a hearing. Unless a request for hearing has been filed, the matter
shall be deemed submitted.
5. All memoranda of points and authorities
filed in proceedings involving petitions for judicial review must be in the
form provided for appellate briefs in Rule 28 of the Nevada Rules of
Appellate Procedure.
6. The court, for good cause, may extend
the times allowed in this section for filing memoranda.
(Added to NRS by 1989, 1649)
NRS 233B.135 Judicial review: Manner of conducting; burden of proof; standard
for review.
1. Judicial review of a final decision of
an agency must be:
(a) Conducted by the court without a jury; and
(b) Confined to the record.
Ê In cases
concerning alleged irregularities in procedure before an agency that are not
shown in the record, the court may receive evidence concerning the
irregularities.
2. The final decision of the agency shall
be deemed reasonable and lawful until reversed or set aside in whole or in part
by the court. The burden of proof is on the party attacking or resisting the
decision to show that the final decision is invalid pursuant to subsection 3.
3. The court shall not substitute its
judgment for that of the agency as to the weight of evidence on a question of
fact. The court may remand or affirm the final decision or set it aside in
whole or in part if substantial rights of the petitioner have been prejudiced
because the final decision of the agency is:
(a) In violation of constitutional or statutory
provisions;
(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
abuse of discretion.
(Added to NRS by 1989, 1650)
NRS 233B.140 Procedure for stay of final decision; ruling by court.
1. A petitioner who applies for a stay of
the final decision in a contested case shall file and serve a written motion
for the stay on the agency and all parties of record to the proceeding at the
time of filing the petition for judicial review.
2. In determining whether to grant a stay,
the court shall consider the same factors as are considered for a preliminary
injunction under 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
staying the administrative decision.
Ê The
petitioner must provide security before the court may issue a stay.
(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)
NRS 233B.150 Appeal from final judgment of district court. An aggrieved party may obtain a review of any
final judgment of the district court by appeal to the appellate court of
competent jurisdiction pursuant to the rules fixed by the Supreme Court
pursuant to Section 4 of Article 6
of the Nevada Constitution. The appeal shall be taken as in other civil cases.
(Added to NRS by 1967, 811; A 2013, 1768)
