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Nevada Administrative Procedure Act
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Nevada Revised Statutes
Nevada Administrative Procedure Act
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Section
233B.010
Short title.
Section
233B.020
Legislative intent.
Section
233B.030
Definitions.
Section
233B.031
"Agency" defined.
Section
233B.032
"Contested case" defined.
Section
233B.033
"Emergency regulation" defined.
Section
233B.034
"License" and "licensing" defined.
Section
233B.035
"Party" defined.
Section
233B.036
"Permanent regulation" defined.
Section
233B.037
"Person" defined.
Section
233B.038
"Regulation" defined.
Section
233B.039
Applicability.
Section
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.
Section
233B.045
Treatment of regulations adopted by certain entities other than agencies.
Section
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.
Section
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.
Section
233B.061
Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law.
Section
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.
Section
233B.063
Submission of proposed permanent regulation to Legislative Counsel; duties of Legislative Counsel; adoption and expiration of temporary regulation.
Section
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.
Section
233B.065
Production and distribution of Nevada Administrative Code.
Section
233B.066
Informational statement required concerning adopted permanent or temporary regulation; contents of statement.
Section
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.
Section
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.
Section
233B.080
Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency.
Section
233B.090
Rebuttable presumption of regularity of adoption and filing of regulation.
Section
233B.0375
"Preponderance of the evidence" defined.
Section
233B.0382
"Small business" defined.
Section
233B.0385
"Temporary regulation" defined.
Section
233B.0395
Ratification of Nevada Administrative Code.
Section
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.
Section
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.
Section
233B.0607
Proposed permanent or temporary regulation: Filing; availability; contents.
Section
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.
Section
233B.0609
Proposed permanent or temporary regulation: Contents and certification of small business impact statement.
Section
233B.0613
Emergency regulations.
Section
233B.0617
Limitation on objections to regulation.
Section
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.
Section
233B.0635
Permanent regulation: Reimbursement of Legislative Counsel Bureau for cost of examination and revision.
Section
233B.0653
Register of Administrative Regulations: Contents; frequency of publication; distribution and sale; immunity for omissions.
Section
233B.0656
Register of Administrative Regulations: Access via Internet.
Section
233B.0658
Explanatory statement required concerning emergency actions; contents of statement; inclusion in Register of Administrative Regulations.
Section
233B.0665
Failure to submit informational statement or small business impact statement concerning permanent regulation.
Section
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.
Section
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.
Section
233B.0681
Early review of permanent regulation by Legislative Commission; waiver of review.
Section
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.
Section
233B.105
Objection to adopted regulation by small business; basis and procedure for objection; transmission of copy to Legislative Counsel; amendment of regulation.
Section
233B.110
Declaratory judgment to determine validity or applicability of regulation.
Section
233B.115
Review of agency forms by Legislative Commission; review and resubmission by agency; procedure upon refusal of agency to revise form.
Section
233B.120
Petitions for declaratory orders and advisory opinions; disposition.
Section
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.
Section
233B.122
Certain members of agency prohibited from taking part in adjudication; replacement of disqualified officer.
Section
233B.123
Evidence.
Section
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.
Section
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.
Section
233B.126
Limitations on communications of agency’s members or employees rendering decision or making findings of fact and conclusions of law.
Section
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.
Section
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.
Section
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.
Section
233B.133
Form and deadlines for serving and filing memorandum of points and authorities and replies; extensions; request for hearing or matter deemed submitted.
Section
233B.135
Judicial review: Manner of conducting; burden of proof; standard for review.
Section
233B.140
Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner.
Section
233B.150
Appeal from final judgment of district court.
Section
233B.1233
Administration of oath or affirmation to witness.
Section
233B.1235
Witness who is person with communications disability entitled to services of interpreter at hearing.