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Nevada Administrative Procedure Act

Nevada · Nevada Administrative Procedure Act · §§ 233B.010 to 233B.150 · 66 sections

Overview

The act governs how state administrative agencies make rules and how they resolve individual contested cases. On the rulemaking side it requires agencies to give advance notice of proposed rules, take public comment, prepare analyses of a proposed rule's anticipated impacts, and file and index rules before they take effect, while also providing for emergency rulemaking, public petitions to adopt rules, and periodic agency review of rules already on the books. For contested cases it establishes notice and an opportunity to be heard, the right to counsel, interpreters for deaf or hearing-impaired parties and witnesses, and informal disposition, and it preserves judicial review — including declaratory judgment actions testing the validity of a rule.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 411 court decisions.

Most-cited authority: 110 Nev. 473 - State, Department of Motor Vehicles & Public Safety v. Lovett

Sections covered

  • NRS 233B.010Short title2 cites
  • NRS 233B.020Legislative intent15 cites
  • NRS 233B.030Definitions8 cites
  • NRS 233B.031“Agency” defined8 cites
  • NRS 233B.032“Contested case” defined11 cites
  • NRS 233B.033“Emergency regulation” defined
  • NRS 233B.034“License” and “licensing” defined
  • NRS 233B.035“Party” defined5 cites
  • NRS 233B.036“Permanent regulation” defined
  • NRS 233B.037“Person” defined1 cite
  • NRS 233B.0375“Preponderance of the evidence” defined
  • NRS 233B.038“Regulation” defined16 cites
  • NRS 233B.0382“Small business” defined
  • NRS 233B.0385“Temporary regulation” defined
  • NRS 233B.039Applicability18 cites
  • NRS 233B.0395Ratification of Nevada Administrative Code
  • NRS 233B.040Regulations: 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 adopt19 cites
  • NRS 233B.045Treatment of regulations adopted by certain entities other than agencies
  • NRS 233B.050Adoption 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 regulations3 cites
  • NRS 233B.060Agency to provide notice of intent to adopt, amend or repeal permanent or temporary regulation; procedure for adoption of permanent regulation after adoption of temporary regulation11 cites
  • NRS 233B.0601Notice 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.0603Contents 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 businesses3 cites
  • NRS 233B.0607Proposed permanent or temporary regulation: Filing; availability; contents
  • NRS 233B.0608Proposed 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 Bureau1 cite
  • NRS 233B.0609Proposed permanent or temporary regulation: Contents and certification of small business impact statement
  • NRS 233B.061Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law5 cites
  • NRS 233B.0613Emergency regulations
  • NRS 233B.0617Limitation on objections to regulation
  • NRS 233B.062Policies for drafting and accessibility of regulations; guidelines; permanent regulations to be included in Nevada Administrative Code; distribution of emergency and temporary regulations1 cite
  • NRS 233B.063Submission of proposed permanent regulation to Legislative Counsel; duties of Legislative Counsel; adoption and expiration of temporary regulation3 cites
  • NRS 233B.0633Temporary 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.0635Permanent regulation: Reimbursement of Legislative Counsel Bureau for cost of examination and revision
  • NRS 233B.064Permanent 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 request1 cite
  • NRS 233B.065Production and distribution of Nevada Administrative Code1 cite
  • NRS 233B.0653Register of Administrative Regulations: Contents; frequency of publication; distribution and sale; immunity for omissions1 cite
  • NRS 233B.0656Register of Administrative Regulations: Access via Internet1 cite
  • NRS 233B.0658Explanatory statement required concerning emergency actions; contents of statement; inclusion in Register of Administrative Regulations1 cite
  • NRS 233B.066Informational statement required concerning adopted permanent or temporary regulation; contents of statement2 cites
  • NRS 233B.0665Failure to submit informational statement or small business impact statement concerning permanent regulation1 cite
  • NRS 233B.067Permanent 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 Subcommittee1 cite
  • NRS 233B.0675Permanent 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.0677Meeting 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.0681Early review of permanent regulation by Legislative Commission; waiver of review
  • NRS 233B.070Effective 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 Code1 cite
  • NRS 233B.080Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency
  • NRS 233B.090Rebuttable presumption of regularity of adoption and filing of regulation4 cites
  • NRS 233B.100Petition for adoption, filing, amendment or repeal of regulation; amendment or suspension of regulation by Governor upon proclamation of water or energy emergency1 cite
  • NRS 233B.105Objection to adopted regulation by small business; basis and procedure for objection; transmission of copy to Legislative Counsel; amendment of regulation
  • NRS 233B.110Declaratory judgment to determine validity or applicability of regulation5 cites
  • NRS 233B.115Review of agency forms by Legislative Commission; review and resubmission by agency; procedure upon refusal of agency to revise form
  • NRS 233B.120Petitions for declaratory orders and advisory opinions; disposition5 cites
  • NRS 233B.121Notice 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 fact15 cites
  • NRS 233B.122Certain members of agency prohibited from taking part in adjudication; replacement of disqualified officer4 cites
  • NRS 233B.123Evidence11 cites
  • NRS 233B.1233Administration of oath or affirmation to witness
  • NRS 233B.1235Witness who is person with communications disability entitled to services of interpreter at hearing
  • NRS 233B.124Procedure 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; waiver1 cite
  • NRS 233B.125Adverse 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 orders17 cites
  • NRS 233B.126Limitations on communications of agency’s members or employees rendering decision or making findings of fact and conclusions of law2 cites
  • NRS 233B.127Licenses: 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 suspension3 cites
  • NRS 233B.130Judicial 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 means56 cites
  • NRS 233B.131Transmittal 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 evidence2 cites
  • NRS 233B.133Form and deadlines for serving and filing memorandum of points and authorities and replies; extensions; request for hearing or matter deemed submitted3 cites
  • NRS 233B.135Judicial review: Manner of conducting; burden of proof; standard for review98 cites
  • NRS 233B.140Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner37 cites
  • NRS 233B.150Appeal from final judgment of district court7 cites

Enacted in other states

Alaska, Alabama, Arkansas, California, Colorado, Florida, Hawaii, Iowa, Idaho, Illinois, Louisiana, Maine, Minnesota, Montana, Nebraska, New Jersey, Texas, Vermont, Wyoming

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