State Plan for Services for Victims of Crime to include certain rules and regulations; process for adopting and revising rules and regulations; time for objecting to rule or regulation. [Effective July 1, 2020.]

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1. The State Plan for Services for Victims of Crime adopted pursuant to NRS 217.094 must carry out the provisions of NRS 217.010 to 217.270, inclusive, and must include, without limitation, rules and regulations:

(a) Establishing the eligibility requirements for receiving compensation under the provisions of NRS 217.010 to 217.270, inclusive, in accordance with state and federal law.

(b) Prescribing the procedures to be followed in the filing of applications and proceedings under NRS 217.010 to 217.270, inclusive, and for such other matters as the Director deems appropriate.

(c) Providing for administrative hearings to address appeals of the decisions of appeals officers pursuant to subsection 3 of NRS 217.117.

2. Before adopting, amending or repealing any rule or regulation contained in the State Plan, the Department must give at least 30 days’ notice of the intended action.

3. The notice of intent to act upon a rule or regulation must:

(a) Include a statement of the need for and purpose of the proposed rule or regulation, and either the terms or substance of the proposed rule or regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.

(b) Include a statement identifying the entities that may be financially affected by the proposed rule or regulation and the potential financial impact, if any, upon a local government.

(c) State each address at which the text of the proposed rule or regulation may be inspected and copied.

(d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Department for that purpose.

4. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed rule or regulation, orally or in writing. The Department shall consider fully all oral and written submissions relating to the proposed rule or regulation.

5. The Department shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035. A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.

6. An objection to any rule or regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after the effective date of the rule or regulation.

7. The Department shall submit a copy of any rule or regulation adopted pursuant to this section to the Director of the Legislative Counsel Bureau for transmittal to the Interim Finance Committee.

(Added to NRS by 1969, 1152; A 1975, 1293; 2017, 129; 2019, 4148, effective July 1, 2020)


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