Nevada Chapter 233B — Nevada Administrative Procedure Act

66 sections hosted, reproduced from the official public-domain source.

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.039— Applicability
NRS 233B.040— Regulations: Authority to adopt; enforcement; inclusion of citation of authority and agency contact information; adoption of material by reference; deadline for adoption of proposed regulations; agency to explain failure to adopt
NRS 233B.045— Treatment of regulations adopted by certain entities other than agencies
NRS 233B.050— Adoption of rules of practice; public inspection and validity of rules of practice, regulations and final orders, decisions and opinions; review of rules of practice and regulations
NRS 233B.060— Agency to provide notice of intent to adopt, amend or repeal permanent or temporary regulation; procedure for adoption of permanent regulation after adoption of temporary regulation
NRS 233B.061— Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law
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 and expiration of temporary regulation
NRS 233B.064— Permanent regulation: Prohibition against adoption until text approved or revised by Legislative Counsel; agency to provide written notification to Legislative Counsel of date of adoption; agency to issue statement of reasons for adoption upon request
NRS 233B.065— Production and distribution of Nevada Administrative Code
NRS 233B.066— Informational statement required concerning adopted permanent or temporary regulation; contents of statement
NRS 233B.067— Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel; endorsement of date and maintenance of copy by Legislative Counsel; statement by agency required if adoption of regulation is required by federal law; review by Legislative Commission or Subcommittee to Review Regulations; written request by agency for review by Subcommittee in emergency circumstances; approval of or objection to by Commission or Subcommittee; duty of Legislative Counsel to file approved regulations with Secretary of State or return regulations with notice of objection to agency; appointment of members of Subcommittee
NRS 233B.070— Effective date of permanent, temporary and emergency regulations; agency required to file copy of temporary or emergency regulation with Legislative Counsel; duty of Secretary of State to maintain originals of regulations and information concerning agency’s review of rules of practice; dissemination of filed permanent and temporary regulations by agency; requirements for furnishing, sale and publication by agency of regulations in Nevada Administrative Code
NRS 233B.080— Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency
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 upon proclamation of water or energy emergency
NRS 233B.105— Objection to adopted regulation by small business; basis and procedure for objection; transmission of copy to Legislative Counsel; amendment of regulation
NRS 233B.110— Declaratory judgment to determine validity or applicability of regulation
NRS 233B.115— Review of agency forms by Legislative Commission; review and resubmission by agency; procedure upon refusal of agency to revise form
NRS 233B.120— Petitions for declaratory orders and advisory opinions; disposition
NRS 233B.121— Notice of hearing in contested case; contents of notice; representation by counsel; opportunity to respond and present evidence and argument; fees and mileage for witnesses; informal disposition; voluntary surrender of license in contested case deemed disciplinary action; 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.124— Procedure when majority of agency’s officials rendering final decision have not heard case or read record: Service and contents of proposal for decision; opportunity to file exceptions and present briefs and oral argument; waiver
NRS 233B.125— Adverse decision or order required to be in writing or stated on record; contents of final decision; standard of proof; notice and copies of decisions and orders
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— Licenses: Applicability of provisions governing contested cases to grant, deny or renew; expiration notice and opportunity to show compliance required before adverse action by agency; summary suspension
NRS 233B.130— Judicial review; requirements for petition and cross-petition; statement of intent to participate; petition for rehearing or reconsideration; service; dismissal of certain agencies and persons from proceedings concerning final decision of State Contractors’ Board; exclusive means
NRS 233B.131— Transmittal of record of proceedings to reviewing court by party and agency; shortening of or corrections or additions to record; additional evidence; modification of findings and decision by agency based on additional evidence
NRS 233B.133— Form and deadlines for serving and filing memorandum of points and authorities and replies; extensions; request for hearing or matter deemed submitted
NRS 233B.135— Judicial review: Manner of conducting; burden of proof; standard for review
NRS 233B.140— Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner
NRS 233B.150— Appeal from final judgment of district court
NRS 233B.0375— “Preponderance of the evidence” defined
NRS 233B.0382— “Small business” defined
NRS 233B.0385— “Temporary regulation” defined
NRS 233B.0395— Ratification of Nevada Administrative Code
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; distribution of notice of intent to mailing list and Legislative Counsel; 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; notification of certain chambers of commerce and trade associations; 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 and certification of small business impact statement
NRS 233B.0613— Emergency regulations
NRS 233B.0617— Limitation on objections to 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.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.0665— Failure to submit informational statement or small business impact statement concerning permanent regulation
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.1233— Administration of oath or affirmation to witness
NRS 233B.1235— Witness who is person with communications disability entitled to services of interpreter at hearing