Nrs: Chapter 233B - Nevada Administrative Procedure Act

Link to law: https://www.leg.state.nv.us/NRS/NRS-233B.html
Published: 2015

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[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)