reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.001 - Definitions. [Effective through June 30, 2024.] Definitions. [Effective July 1, 2024.]

As used in this chapter:
1. "Chair" means the Chair of the Nevada Indian Commission.
2. "Commission" means the Nevada Indian Commission.
3. "Commissioner" means a commissioner of the Nevada Indian Commission.
4. "Museum" means the Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.1041.
(Added to NRS by 1965, 687; A 1973, 293; 2019, 3171)—(Substituted in revision for NRS 233A.010)
As used in this chapter:
1. "Commission" means the Nevada Indian Commission.
2. "Commissioner" means a commissioner of the Nevada Indian Commission.
3. "Department" means the Department of Native American Affairs.
4. "Executive Director" means the Executive Director of the Department.
5. "Museum" means the Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.1041.
(Added to NRS by 1965, 687; A 1973, 293; 2019, 3171; 2024, 2764, effective July 1, 2024)—(Substituted in revision for NRS 233A.010)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.003 - Legislative finding and declaration. [Effective July 1, 2024.]

The Legislature hereby finds and declares that nothing in this chapter, including, without limitation, the creation of the Department of Native American Affairs, is intended to infringe upon the sovereignty of Indian tribes who are recognized by the United States as possessing powers of self-government.
(Added to NRS by 2023, 2763, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1003 - Creation of Department; composition. [Effective July 1, 2024.]

1. The Department of Native American Affairs is hereby created.
2. The Department consists of:
(a) The Executive Director;
(b) The Nevada Indian Commission created pursuant to NRS 233A.1005; and
(c) The Stewart Indian School Cultural Center and Museum established pursuant to NRS 233A.1041.
(Added to NRS by 2023, 2763, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1005 - Nevada Indian Commission: Creation; members. [Effective through June 30, 2024.] Nevada Indian Commission: Creation; members. [Effective July 1, 2024.]

The Nevada Indian Commission, consisting of five members appointed by the Governor, is hereby created.
(Added to NRS by 1965, 687; A 1973, 293; 1977, 1182)—(Substituted in revision for NRS 233A.020)
1. The Nevada Indian Commission is hereby created within the Department.
2. The Commission consists of five members appointed by the Governor pursuant to NRS 233A.1007.
(Added to NRS by 1965, 687; A 1973, 293; 1977, 1182; 2023, 2764, effective July 1, 2024)—(Substituted in revision for NRS 233A.020)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1007 - Nevada Indian Commission: Appointment of commissioners.

The Governor shall appoint:
1. Three members who are Indians.
2. Two members who are representatives of the general public.
(Added to NRS by 1965, 687; A 1969, 1137; 1973, 294; 1977, 1182; 1989, 1399)—(Substituted in revision for NRS 233A.030)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1009 - Nevada Indian Commission: Purpose; recommendations and reports. [Effective through June 30, 2024.] Nevada Indian Commission: Purpose; recommendations and reports. [Effective July 1, 2024.]

The purpose of the Commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians. The Commission shall recommend necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to such Indians. The Commission shall make and report from time to time its findings and recommendations to the Legislature, to the Governor and to the public and shall so report at least biennially.
(Added to NRS by 1965, 688; A 1973, 345)—(Substituted in revision for NRS 233A.090)
1. The purpose of the Commission shall be to study matters affecting the social and economic welfare and well-being of American Indians residing in Nevada, including, but not limited to, matters and problems relating to Indian affairs and to federal and state control, responsibility, policy and operations affecting such Indians.
2. The Commission shall:
(a) Recommend to the Executive Director necessary or appropriate action, policy and legislation or revision of legislation and administrative agency regulations pertaining to American Indians residing in Nevada;
(b) Provide recommendations and advice to the Executive Director concerning the administration of the Department and on any other matter affecting the social and economic welfare and well-being of American Indians residing in Nevada;
(c) Provide direction to the Executive Director concerning any reports prepared by the Department and review drafts of such reports;
(d) Receive reports from the Executive Director and provide direction to the Executive Director concerning measures taken by the Department to ensure that any such measures taken relating to the duties of the Commission are effective; and
(e) Make and report from time to time the findings and recommendations of the Commission to the Department and to the public at least biennially.
(Added to NRS by 1965, 688; A 1973, 345; 2023, 2765, effective July 1, 2024)—(Substituted in revision for NRS 233A.090)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1011 - Nevada Indian Commission: Powers. [Effective through June 30, 2024.] Powers of Department. [Effective July 1, 2024.]

The Commission may:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the Commission in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the Commission as will best enable it to carry out the purposes for which it is created.
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with its study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.
4. Provide any information or assistance requested by the Department of Wildlife pursuant to NRS 502.280.
(Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575; 2017, 3638)—(Substituted in revision for NRS 233A.100)
The Department may:
1. Appoint advisory committees whenever necessary or appropriate to assist and advise the Department in the performance of its duties and responsibilities under this chapter.
2. Negotiate and contract with such other agencies, public or private, as it deems necessary or appropriate for such services, facilities, studies and reports to the Department as will best enable it to carry out the purposes for which it is created.
3. Cooperate with and secure the cooperation of state, county, city and other agencies, including Indian tribes, bands, colonies and groups and intertribal organizations in connection with the study or investigation of any matter within the scope of this chapter or NRS 383.150 to 383.190, inclusive.
4. Provide any information or assistance requested by the Department of Wildlife pursuant to NRS 502.280.
(Added to NRS by 1965, 688; A 1977, 49; 1979, 616; 1989, 575; 2017, 3638; 2023, 2767, effective July 1, 2024)—(Substituted in revision for NRS 233A.100)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1013 - Nevada Indian Commission: Designation of Chair; meetings; quorum.

The commissioners shall designate a Chair. The commissioners may meet regularly at least four times each year and at such places and times as are specified by a call of the Chair or majority of the Commission. The Commission shall prescribe regulations for its own management. Three members of the Commission constitute a quorum which may exercise all the authority conferred upon the Commission.
(Added to NRS by 1965, 687; A 1967, 1493; 1969, 1138; 1973, 294; 1983, 183, 1438)—(Substituted in revision for NRS 233A.050)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1015 - Nevada Indian Commission: Salary and expenses of commissioners and employees; payment of claims.

1. Commissioners who are not in the regular employ of the State are entitled to receive a salary of not more than $80, as fixed by the Commission, for each day spent on the work of the Commission. Commissioners who are in the regular employ of the State shall serve without additional salary.
2. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. Claims for payment of all expenses incurred by the Commission, including the salaries and expenses of its commissioners, must be made on vouchers and paid as other claims against the State are paid.
(Added to NRS by 1965, 688; A 1971, 841; 1975, 297; 1981, 1978; 1985, 412; 1989, 1709)—(Substituted in revision for NRS 233A.080)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1019 - Executive Director of Nevada Indian Commission: Appointment; qualifications; restrictions on other employment. [Effective through June 30, 2024.] Executive Director of Department: Appointment; qualifications; classification; restrictions on other employment. [Effective July 1, 2024.]

1. The Governor, upon recommendation of the Commission, shall appoint an Executive Director of the Commission who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.
2. The Executive Director of the Commission is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, the Executive Director of the Commission shall devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.
(Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412; 1997, 618)—(Substituted in revision for NRS 233A.055)
1. The Governor, upon recommendation of the Commission, shall appoint an Executive Director of the Department who has had successful experience in the administration and promotion of a program comparable to that provided by this chapter.
2. The Executive Director is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, the Executive Director shall devote his or her entire time to the duties of his or her office and shall not follow any other gainful employment or occupation.
(Added to NRS by 1969, 1137; A 1971, 1429; 1981, 1277; 1985, 412; 1997, 618; A 2023, 2765, effective July 1, 2024)—(Substituted in revision for NRS 233A.055)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1023 - Executive Director of Nevada Indian Commission: Appointment of staff. [Effective through June 30, 2024.] Executive Director of Department: Appointment of staff. [Effective July 1, 2024.]

The Executive Director of the Commission may appoint such professional, technical, clerical and operational staff as the execution of his or her duties and the operation of the Commission may require.
(Added to NRS by 1965, 688; A 1969, 1138; 1985, 412)—(Substituted in revision for NRS 233A.070)
The Executive Director may appoint such professional, technical, clerical and operational staff as the execution of his or her duties and the operation of the Department may require.
(Added to NRS by 1965, 688; A 1969, 1138; 1985, 412; 2023, 2765, effective July 1, 2024)—(Substituted in revision for NRS 233A.070)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1025 - Account for the Protection and Rehabilitation of the Stewart Indian School: Creation; administration; interest and income; grants, bequests, devises, donations or gifts; use of money; consultation with advisory committee; deposit of proceeds from lease or sale of certain lands. [Effective July 1, 2024.]

1. The Account for the Protection and Rehabilitation of the Stewart Indian School is hereby created in the State General Fund. The Executive Director shall administer the Account.
2. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not revert to the State General Fund at the end of any fiscal year, and the balance in the Account must be carried forward to the next fiscal year.
3. In addition to any money deposited into the Account from the sale of real property pursuant to subsection 6, the Executive Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the purpose of funding the Account.
4. The Executive Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.
5. The Executive Director shall, before expending any money pursuant to subsection 4, consult with an advisory committee that provides a prioritized list of projects that may be funded from the Account. The advisory committee consists of:
(a) The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources;
(b) The Administrator of the Office of Historic Preservation of the State Department of Conservation and Natural Resources;
(c) The Administrator of the State Public Works Division of the Department of Administration; and
(d) The Executive Director or his or her designee.
6. The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources may lease or make a direct sale of two parcels of land of approximately 100 acres located within Carson City, and generally described as follows:
(a) The northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 33, Township 15 N., Range 19 E., M.D.B. & M.
(b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range 19 E., M.D.B. & M.
Money received from the lease or sale, less any costs related to the lease or sale, must be deposited in the Account.
(Added to NRS by 2023, 2763, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1043 - Museum Director: Classification and powers. [Effective through June 30, 2024.] Museum Director: Classification and powers. [Effective July 1, 2024.]

The Museum Director appointed pursuant to NRS 233A.1021:
1. Is in the classified service of the State.
2. Shall exercise such powers and carry out such duties pursuant to NRS 233A.1045 and as are assigned to the Museum Director by the Executive Director pursuant to NRS 233A.1021.
(Added to NRS by 2019, 3170)—(Substituted in revision for NRS 233A.310)
The Museum Director appointed pursuant to NRS 233A.1021:
1. Is in the classified service of the State;
2. Is responsible to and under the direction of the Executive Director; and
3. Shall exercise such powers and carry out such duties pursuant to NRS 233A.1045 and as are assigned to the Museum Director by the Executive Director pursuant to NRS 233A.1021.
(Added to NRS by 2019, 3170; A 2023, 2769, effective July 1, 2024)—(Substituted in revision for NRS 233A.310)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1045 - Museum Director: Duties.

The Museum Director shall:
1. Prepare and present exhibits in the Museum.
2. In cooperation with other state agencies and departments, provide for the security of the Museum.
3. Supervise the staff of the Museum.
4. Adopt guidelines and plans as determined necessary for the operation of the Museum.
(Added to NRS by 2019, 3171)—(Substituted in revision for NRS 233A.320)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1047 - Establishment of stores for sale of gifts and souvenirs.

The Museum Director may establish one or more stores for the sale of gifts and souvenirs, including, without limitation, publications, books, postcards, artwork and other related materials that, in the judgment of the Museum Director, are appropriately connected with the mission of the Museum pursuant to this chapter.
(Added to NRS by 2019, 3171)—(Substituted in revision for NRS 233A.330)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1049 - Petty cash account; change account.

The Museum Director may establish:
1. A petty cash account for the Museum in an amount not to exceed $500. Reimbursement of the money in the petty cash account must be made from appropriated money paid out on claims as other claims against the State are paid.
2. A change account for the Museum stores for the sale of gifts and souvenirs in an amount not to exceed $1,500.
(Added to NRS by 2019, 3171)—(Substituted in revision for NRS 233A.340)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1061 - Designation of Nevada Indian Commission as coordinating agency regarding activities at and uses of buildings and grounds of former Stewart Indian School. [Effective through June 30, 2024.] Designation of Department as coordinating agency regarding activities at and uses of buildings and grounds of former Stewart Indian School. [Effective July 1, 2024.]

The Commission is hereby designated as the coordinating agency for discussions among the Commission, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.
(Added to NRS by 2015, 278)—(Substituted in revision for NRS 233A.092)
The Department is hereby designated as the coordinating agency for discussions among the Department, state agencies and local governmental entities regarding activities at and uses of the buildings and grounds of the former Stewart Indian School.
(Added to NRS by 2015, 278; A 2023, 2766, effective July 1, 2024)—(Substituted in revision for NRS 233A.092)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.1063 - Nevada Tribes Legislative Day: Duties of Nevada Indian Commission. [Effective through June 30, 2024.] Nevada Tribes Legislative Day: Duties of Department. [Effective July 1, 2024.]

In observance of "Nevada Tribes Legislative Day" established pursuant to NRS 236.038, the Nevada Indian Commission shall:
1. Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.
2. Schedule activities and discussions between state and tribal leaders on issues of common interest.
(Added to NRS by 2013, 219)—(Substituted in revision for NRS 233A.095)
In observance of "Nevada Tribes Legislative Day" established pursuant to NRS 236.038, the Department shall:
1. Invite the Legislature, the Governor and other elected officials to recognize and pay tribute to the history and culture of American Indians and their contributions to the prosperity and cultural diversity of Nevada and the United States.
2. Schedule activities and discussions between state and tribal leaders on issues of common interest.
(Added to NRS by 2013, 219; A 2023, 2766, effective July 1, 2024)—(Substituted in revision for NRS 233A.095)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.110 - Indians subject to jurisdiction of State entitled to all services of State.

Indians subject to the jurisdiction of the State of Nevada pursuant to the provisions of NRS 41.430 and 194.040 are entitled to all services of the State of Nevada, including, without limitation, correctional legal aid, public defender, probational and psychiatric services afforded to any other persons who are defendants in criminal actions or parties to civil actions in the courts of this State.
(Added to NRS by 1973, 1052)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.120 - Rights of self-government preserved.

The provisions of NRS 41.430 and 194.040 do not preclude Indian tribes who are recognized by the United States as possessing powers of self-government from enacting their own laws, regulations and ordinances, and enforcing them by their own tribal courts in accordance with their rules of procedure, but no person subject to the jurisdiction of such tribal court or governmental organization shall be denied any rights guaranteed by the constitutions of the United States or the State of Nevada.
(Added to NRS by 1973, 1052)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.130 - Jurisdiction of administrative agencies not extended.

The provisions of NRS 41.430 and 194.040 do not increase the power of administrative agencies of the State of Nevada to exercise their jurisdiction over persons living and residing upon tribal or Indian country with the consent of the Indian tribe having jurisdiction over that country, but the extent to which such jurisdiction of administrative agencies existed prior to July 1, 1974, shall remain the same and in full force and effect.
(Added to NRS by 1973, 1052)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.200 - Definitions.

As used in NRS 233A.200 to 233A.280, inclusive, unless the context otherwise requires, the words and terms defined in NRS 233A.210 to 233A.250, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 3167)
2023 Nevada Revised Statutes › Chapter 233A - Indian Affairs › NRS 233A.280 - No private right of action against state agency or right of review of action of state agency.

The provisions of NRS 233A.200 to 233A.280, inclusive, do not establish a private right of action against a state agency or a right of review of an action of a state agency.
(Added to NRS by 2019, 3169)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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; 2015, 707)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

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.
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, Archives and Public Records 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.
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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

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:
(1) If it is the first hearing on the regulation, give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute. When posted, the agency must include notice that the regulation that is posted on the Internet website of the agency 3 working days before the hearing will be the regulation considered. The agency shall ensure that the regulation to be considered at the hearing is posted on the Internet website of the agency 3 working days before the hearing.
(2) If it is the second or subsequent hearing on the regulation, including, without limitation, a subsequent hearing on an adopted regulation that has not been approved by the Legislative Commission or the Subcommittee to Review Regulations pursuant to NRS 233B.067, in order to approve a revision to the regulation, give at least 3 working days’ notice of its intended action.
(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; 2017, 539)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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, Archives and Public Records 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) Post a copy of the notice and text of the proposed regulation on the Internet website of the agency.
2. The agency shall provide in print or an electronic format a copy of the notice of intent to act upon a regulation required pursuant to NRS 233B.060 and the text of the proposed regulation to any person who requests a copy from the agency.
3. 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.
4. After the final version of an adopted regulation is received, each 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; 2021, 1212)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0609 - Proposed permanent or temporary regulation: Contents and certification of small business 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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, except that a workshop is not required if it is the second or subsequent hearing on the 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; 2017, 540)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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:
(a) Persons with physical, mental or cognitive disabilities and persons living with the human immunodeficiency virus 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 or the human immunodeficiency virus, as applicable;
(b) Terms related to persons affected by addictive disorders are 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 his or her disorder;
(c) Terms related to persons with mental illness are 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 his or her illness;
(d) Terms related to persons who are deaf or hard of hearing are 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 his or her condition; and
(e) References to only the human immunodeficiency virus or HIV should be used in the Nevada Administrative Code instead of duplicative references to both human immunodeficiency virus or HIV and acquired immunodeficiency syndrome, acquired immune deficiency syndrome or AIDS,
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,
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; 2019, 1944; 2021, 577, 3195)