reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.063 - Submission of proposed permanent regulation to Legislative Counsel; duties of Legislative Counsel; adoption and expiration of temporary regulation.

1. An agency that intends to adopt, amend or repeal a permanent regulation must deliver to the Legislative Counsel a copy of the proposed regulation. The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to the Legislative Counsel between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to the Legislative Counsel. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the Joint Interim Standing Committee on Health and Human Services.
3. An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
(Added to NRS by 1977, 1381; A 1989, 57, 621; 1991, 940; 1993, 514; 2003, 2005; 2007, 874; 2009, 531, 2285; 2021, 2522)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0635 - Permanent regulation: Reimbursement of Legislative Counsel Bureau for cost of examination and revision.

1. Except as otherwise provided in this section, each agency which submits a regulation for examination and revision pursuant to subsection 1 or 2 of NRS 233B.063 shall reimburse the Legislative Counsel Bureau for the cost of the examination and revision. The Legislative Commission shall establish the amount of reimbursement required pursuant to this subsection.
2. The reimbursement required pursuant to subsection 1:
(a) Must be an hourly fee for each hour spent by employees of the Legal Division of the Legislative Counsel Bureau in examining and revising the regulation. The hourly fee must not exceed the average hourly salary of the persons whose salaries are reimbursed pursuant to this section.
(b) Must be established at a rate calculated to generate the amount approved in the budget of the Legislative Counsel Bureau for such reimbursement.
(c) Must not be charged to agencies whose budgets are supported entirely from the State General Fund.
(Added to NRS by 1993, 856; A 1993, 2266)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. An agency shall not adopt, amend or repeal a permanent regulation until it has received from the Legislative Counsel the approved or revised text of the regulation in the form to be adopted. The agency shall immediately notify the Legislative Counsel in writing of the date of adoption of each regulation adopted.
2. Upon adoption of any regulation, the agency, if requested to do so by an interested person, either before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption.
(Added to NRS by 1977, 1382; A 1997, 1391)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.065 - Production and distribution of Nevada Administrative Code.

1. The Legislative Counsel shall prescribe the numbering, page size, style and typography of the Nevada Administrative Code. For convenience of reproduction in the Nevada Administrative Code, the Legislative Counsel may prescribe the same matters in original agency regulations.
2. The Legislative Counsel shall cause to be included in the Nevada Administrative Code the:
(a) Date on which an agency last completed a review of its regulations pursuant to paragraph (e) of subsection 1 of NRS 233B.050; and
(b) Citation of authority pursuant to which the agency adopted each section of a permanent regulation.
3. The Legislative Counsel shall prepare or cause the State Printer to prepare such sets of the Nevada Administrative Code and of supplementary pages as are required from time to time. A set must be provided to and kept respectively:
(a) By the Secretary of State as the master copy;
(b) By the State Library, Archives and Public Records Administrator for public use;
(c) By the Attorney General for his or her use and that of the Executive Department; and
(d) By the Legislative Counsel for his or her use and that of the Legislature.
The Legislative Commission may direct the preparation of additional sets or pages, or both, and specify the places where those sets or parts of sets are to be kept and the uses to be made of them.
4. The Legislative Counsel shall, without charge, provide:
(a) A complete set of the Nevada Administrative Code, upon request, to each person who is on July 1, 1985, or who becomes after that date a member of the Legislature; and
(b) To each Legislator who has so acquired the Nevada Administrative Code, the replacement or supplementary pages which are issued during the Legislator’s term of office.
5. Each agency shall reimburse the Legislative Counsel Bureau and the State Printing Office for their respective costs in preparing and keeping current that agency’s portion of the Nevada Administrative Code in the number of copies required for official and public use. If additional sets or pages are sold, the Legislative Commission shall set sale prices sufficient to recover at least the cost of production and distribution of the additional sets or pages.
(Added to NRS by 1977, 1382; A 1985, 38, 463, 1489; 1993, 1494; 1997, 18, 186, 1391, 3152; 1999, 642, 645; 2005, 1085)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0653 - Register of Administrative Regulations: Contents; frequency of publication; distribution and sale; immunity for omissions.

1. The Legislative Counsel shall prepare and publish or cause to be prepared and published a Register of Administrative Regulations. The Register must include the following information regarding each permanent regulation adopted by an agency:
(a) The proposed and adopted text of the regulation and any revised version of the regulation;
(b) The notice of intent to act upon the regulation set forth in NRS 233B.0603;
(c) The written notice of adoption of the regulation required pursuant to NRS 233B.064;
(d) The informational statement required pursuant to NRS 233B.066; and
(e) The effective date of the regulation, as determined pursuant to NRS 233B.070.
In carrying out the duties set forth in this subsection, the Legislative Counsel may use the services of the State Printing Office.
2. The Legislative Counsel shall publish the Register not less than 10 times per year but not more than once every 2 weeks.
3. The Register must be provided to and maintained by:
(a) The Secretary of State;
(b) The Attorney General;
(c) The Supreme Court Law Library;
(d) The State Library, Archives and Public Records;
(e) Each county clerk;
(f) Each county library; and
(g) The Legislative Counsel Bureau.
4. The Legislative Counsel may sell an additional copy of the Register to any person or governmental entity that requests a copy, at a price which does not exceed the cost of publishing the additional copy.
5. The Legislative Counsel is immune from civil liability which may result from failure to include any information in the Register.
(Added to NRS by 1997, 1389; A 2005, 1085)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0656 - Register of Administrative Regulations: Access via Internet.

1. The Legislative Counsel shall, without charge, make available for access on the Internet or its successor, if any, the information contained in the Register of Administrative Regulations created pursuant to NRS 233B.0653. The Legislative Counsel may determine the manner in which this information is compiled and must revise the information at least as often as the Register is published pursuant to NRS 233B.0653.
2. This section must not be construed to require the Legislative Counsel to provide any equipment or service that would enable a person to access the Internet.
(Added to NRS by 1997, 1390)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0658 - Explanatory statement required concerning emergency actions; contents of statement; inclusion in Register of Administrative Regulations.

An agency that takes an emergency action as described in paragraph (l) of subsection 2 of NRS 233B.038 shall file with the Legislative Counsel within 5 working days after taking the action a statement that describes the action taken and the reason for the action. If the agency is prohibited by federal law, regulation, interpretation or instruction from describing the action taken or the reason for the action, the statement must cite the federal law, regulation, interpretation or instruction that prohibits such disclosure. The Legislative Counsel shall include a statement filed pursuant to this section in the Register of Administrative Regulations published pursuant to NRS 233B.0653.
(Added to NRS by 1999, 2405)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.066 - Informational statement required concerning adopted permanent or temporary regulation; contents of statement.

1. Except as otherwise provided in subsection 2, each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 or filed with the Secretary of State pursuant to subsection 2 or 3 of NRS 233B.070 must be accompanied by a statement concerning the regulation which contains the following information:
(a) A clear and concise explanation of the need for the adopted regulation.
(b) A description of how public comment was solicited, a summary of the public response and an explanation of how other interested persons may obtain a copy of the summary.
(c) The number of persons who:
(1) Attended each hearing;
(2) Testified at each hearing; and
(3) Submitted to the agency written statements.
(d) For each person identified in subparagraphs (2) and (3) of paragraph (c), the following information if provided to the agency conducting the hearing:
(1) Name;
(2) Telephone number;
(3) Business address;
(4) Business telephone number;
(5) Electronic mail address; and
(6) Name of entity or organization represented.
(e) A description of how comment was solicited from affected businesses, a summary of their response and an explanation of how other interested persons may obtain a copy of the summary.
(f) If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adopting the regulation without change.
(g) The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately, and in each case must include:
(1) Both adverse and beneficial effects; and
(2) Both immediate and long-term effects.
(h) The estimated cost to the agency for enforcement of the proposed regulation.
(i) A description of any regulations of other state or government agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the name of the regulating federal agency.
(j) If the regulation includes provisions which are more stringent than a federal regulation which regulates the same activity, a summary of such provisions.
(k) If the 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.
2. The requirements of paragraphs (b) to (f), inclusive, of subsection 1 do not apply to emergency regulations.
(Added to NRS by 1981, 186; A 1987, 1581; 1989, 572; 1995, 131, 2580; 2003, 2006; 2011, 379; 2013, 78)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0665 - Failure to submit informational statement or small business impact statement concerning permanent regulation.

If a regulation submitted to the Legislative Counsel Bureau pursuant to NRS 233B.067 is not accompanied by an informational statement which complies with the requirements of NRS 233B.066 or a small business impact statement which complies with the requirements of NRS 233B.0608 and 233B.0609, the Legislative Counsel shall return the regulation to the agency with a note indicating the statement which is missing. Unless the missing statement is supplied, the Legislative Counsel shall not submit the regulation to the Legislative Commission or the Subcommittee to Review Regulations, as applicable, and the regulation never becomes effective.
(Added to NRS by 1981, 186; A 1995, 2583; 1999, 2204; 2007, 876; 2013, 2307)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. If the Legislative Commission, or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067, has objected to a regulation, the agency shall revise the regulation to conform to the statutory authority pursuant to which it was adopted and to carry out the intent of the Legislature in granting that authority and return it to the Legislative Counsel within 60 days after the agency received the written notice of the objection to the regulation pursuant to NRS 233B.067. Upon receipt of the revised regulation, the Legislative Counsel shall resubmit the regulation to the Commission or Subcommittee for review. If the Commission or Subcommittee approves the revised regulation, the Legislative Counsel shall promptly file the revised regulation with the Secretary of State and notify the agency of the filing.
2. If the Legislative Commission or Subcommittee objects to the revised regulation, the Legislative Counsel shall attach to the revised regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the revised regulation to the agency. The agency shall continue to revise it and resubmit it to the Commission or Subcommittee within 30 days after the agency received the written notice of the objection to the revised regulation.
(Added to NRS by 1981, 510; A 1987, 1582; 1997, 276; 1999, 902, 2205; 2005, 2688; 2007, 877; 2009, 2288)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. Before holding a meeting to review temporary regulations pursuant to NRS 233B.0633 or adopted regulations pursuant to NRS 233B.067 or 233B.0675, the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067, as applicable, shall provide written notice of the meeting at least 3 working days before the meeting. The notice must include, without limitation:
(a) A list of the regulations that the Legislative Commission or the Subcommittee to Review Regulations will review at the meeting; and
(b) An explanation of the manner in which a person may obtain a copy of a regulation that the Legislative Commission or Subcommittee to Review Regulations will review at the meeting.
2. If the Legislative Counsel Bureau maintains a website on the Internet or its successor, the Legislative Counsel Bureau shall, at least 3 working days before the Legislative Commission or the Subcommittee to Review Regulations holds a meeting to review temporary regulations pursuant to NRS 233B.0633 or adopted regulations pursuant to NRS 233B.067 or 233B.0675, post on its website a list of the regulations that the Legislative Commission or the Subcommittee to Review Regulations will review at the meeting, unless the Legislative Counsel Bureau is unable to do so because of technical problems relating to the operation or maintenance of its website.
(Added to NRS by 2007, 871)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.0681 - Early review of permanent regulation by Legislative Commission; waiver of review.

The Legislative Commission may provide for:
1. Its early review of a proposed permanent regulation after the agency has given notice of a hearing on the regulation but before the hearing is held. If the permanent regulation adopted after the hearing is identical to the regulation submitted for early review, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing.
2. A waiver of its review of a permanent regulation in a case of administrative convenience or necessity.
(Added to NRS by 1981, 510; A 1999, 2205; 2003, 2007)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.080 - Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency.

When any regulation filed with the Secretary of State expires by its own terms or is replaced by an amended regulation or repealed, and the adopting agency so informs the Secretary of State, the Secretary of State shall cause the regulation to be placed in an inactive file.
(Added to NRS by 1965, 965; A 1985, 256)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.090 - Rebuttable presumption of regularity of adoption and filing of regulation.

The Secretary of State’s authenticated file stamp on the original of the final draft or revision of a regulation raises a rebuttable presumption that the regulation was adopted and filed in compliance with all requirements necessary to make it effective.
(Added to NRS by 1965, 965; A 1977, 1549)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. Any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation and shall accompany the petition with relevant data, views and arguments. Each agency shall prescribe by regulation the form for such petitions and the procedure for their submission, consideration and disposition. Upon submission of such a petition, the agency shall within 30 days either deny the petition in writing, stating its reasons, or initiate regulation-making proceedings.
2. Any regulation of any agency is subject to amendment or suspension by the Governor pursuant to the provisions of NRS 416.060.
(Added to NRS by 1965, 965; A 1977, 551, 1388)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.105 - Objection to adopted regulation by small business; basis and procedure for objection; transmission of copy to Legislative Counsel; amendment of regulation.

1. A small business that is aggrieved by a regulation adopted by an agency on or after January 1, 2000, may object to all or a part of the regulation by filing a petition with the agency that adopted the regulation within 90 days after the date on which the regulation was adopted. An agency which receives such a petition shall transmit a copy of the petition to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
2. A petition filed pursuant to subsection 1 may be based on the following grounds:
(a) The agency failed to prepare a small business impact statement as required pursuant to NRS 233B.0608 and 233B.0609; or
(b) The small business impact statement prepared by the agency pursuant to NRS 233B.0608 and 233B.0609 is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the regulation on small businesses.
3. After receiving a petition pursuant to subsection 1, an agency shall determine whether the petition has merit. If the agency determines that the petition has merit, the agency may, pursuant to this chapter, take action to amend the regulation to which the small business objected.
(Added to NRS by 1999, 2071; A 2013, 2308)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.110 - Declaratory judgment to determine validity or applicability of regulation.

1. The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. A declaratory judgment may be rendered after the plaintiff has first requested the agency to pass upon the validity of the regulation in question. The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency. The agency whose regulation is made the subject of the declaratory action shall be made a party to the action.
2. An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.
3. Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections 1 and 2, the plaintiff shall serve a copy of the complaint upon the Attorney General, who is also entitled to be heard.
(Added to NRS by 1965, 965; A 1969, 317; 1977, 1388)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.115 - Review of agency forms by Legislative Commission; review and resubmission by agency; procedure upon refusal of agency to revise form.

1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the Legislative Commission to determine whether the information required and the instructions for its preparation conform to the statutory authority pursuant to which the agency requires it. The Legislative Commission may also make such a determination on its own motion.
2. If the Legislative Commission finds that any part of the information or instructions does not conform to statutory authority, the Legislative Counsel shall so notify the agency.
3. After notification by the Legislative Counsel of the Legislative Commission’s objection to the form, the agency may revise the form to conform to statutory authority and resubmit it to the Legislative Commission. The agency shall not use the form until it has submitted a revised version to the Legislative Commission and the Commission has approved the form.
4. If the agency refuses to revise the form, it shall not use the form until after the expiration of the first 30 days of the next regular session of the Legislature. Before the 30th day of the next regular session the Legislature may, by concurrent resolution, declare that the form must not be used. The Legislative Counsel shall thereupon notify the agency that it shall not use the form. If the Legislature has not so declared by the 30th day of the session, the Legislative Counsel shall promptly notify the agency that it may use the form.
(Added to NRS by 1985, 655; A 1987, 1582; 1997, 277; 1999, 2206)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.120 - Petitions for declaratory orders and advisory opinions; disposition.

Each agency shall provide by regulation for the filing and prompt disposition of petitions for declaratory orders and advisory opinions as to the applicability of any statutory provision, agency regulation or decision of the agency. Declaratory orders disposing of petitions in such cases shall have the same status as agency decisions. A copy of the declaratory order or advisory opinion shall be mailed to the petitioner.
(Added to NRS by 1965, 966)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. In a contested case, all parties must be afforded an opportunity for hearing after reasonable notice.
2. The notice must include:
(a) A statement of the time, place and nature of the hearing.
(b) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the statutes and regulations involved.
(d) A short and plain statement of the matters asserted. If the agency or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definite and detailed statement must be furnished.
3. Any party is entitled to be represented by counsel.
4. Opportunity must be afforded all parties to respond and present evidence and argument on all issues involved. An agency may by regulation authorize the payment of fees and reimbursement for mileage to witnesses in the same amounts and under the same conditions as for witnesses in the courts of this state.
5. Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. If an informal disposition is made, the parties may waive the requirement for findings of fact and conclusions of law.
6. The voluntary surrender of a license in a contested case shall be deemed to constitute disciplinary action against the licensee.
7. The record in a contested case must include:
(a) All pleadings, motions and intermediate rulings.
(b) Evidence received or considered.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof and objections, and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the hearing officer presiding at the hearing.
8. Oral proceedings, or any part thereof, must be transcribed on request of any party. The party making the request shall pay all the costs for the transcription.
9. Findings of fact must be based exclusively on a preponderance of the evidence and on matters officially noticed.
(Added to NRS by 1967, 808; A 1977, 56, 1062; 1985, 350; 2015, 707)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.122 - Certain members of agency prohibited from taking part in adjudication; replacement of disqualified officer.

1. No agency member who acts as an investigator or prosecutor in any contested case may take any part in the adjudication of such case.
2. If an officer of an agency disqualifies himself or herself or is disqualified from participating in the adjudication of any contested case in which a decision will be rendered which is subject to judicial review, the officer shall send within 3 working days after the disqualification a notice of it to the authority which appointed him or her to the agency. The appointing authority shall within 5 working days after receiving the notice appoint a person to serve in the place of the disqualified officer only for the purpose of participating in the adjudication of the contested case.
3. The person appointed under subsection 2 shall have the same qualifications required by law of the officer whom the person replaces and is entitled to the same salary and per diem and travel expenses allowed to that officer.
(Added to NRS by 1967, 808; A 1977, 661)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.123 - Evidence.

In contested cases:
1. Irrelevant, immaterial or unduly repetitious evidence must be excluded. Evidence may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and must be noted in the record. Subject to the requirements of this subsection, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
2. Documentary evidence may be received in the form of authenticated copies or excerpts. Upon request, parties must be given an opportunity to compare the copy with the original.
3. Every witness shall declare, by oath or affirmation, that he or she will testify truthfully.
4. Each party may call and examine witnesses, introduce exhibits, cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not covered in the direct examination, impeach any witness, regardless of which party first called the witness to testify, and rebut the evidence against him or her.
5. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the agency. Parties must be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they must be afforded an opportunity to contest the material so noticed. The experience, technical competence and specialized knowledge of the agency may be utilized in the evaluation of the evidence.
(Added to NRS by 1967, 808; A 1977, 57; 1997, 1603; 2015, 707)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.1235 - Witness who is person with communications disability entitled to services of interpreter at hearing.

A witness during his or her testimony at a hearing of a contested case, who is a person with a communications disability as defined in NRS 50.050, is entitled to the services of an interpreter at public expense in accordance with the provisions of NRS 50.050 to 50.053, inclusive. The interpreter must be appointed by the person who presides at the hearing.
(Added to NRS by 1979, 657; A 2001, 1777; 2007, 172)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

Where, in a contested case, a majority of the officials of the agency who are to render the final decision have not heard the case or read the record, the decision, if adverse to a party to the proceeding other than the agency itself, shall not be made until a proposal for decision is served upon the parties, and an opportunity is afforded to each party adversely affected to file, within 20 days, exceptions and present briefs and oral argument to the officials who are to render the decision. The proposal for decision shall contain a statement of the reasons therefor and of each issue of fact or law necessary to the proposed decision, prepared by the person who conducted the hearing or one who has read the record. The parties by written stipulation may waive compliance with this section.
(Added to NRS by 1967, 809)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

A decision or order adverse to a party in a contested case must be in writing or stated in the record. Except as provided in subsection 5 of NRS 233B.121, a final decision must include findings of fact and conclusions of law, separately stated. Findings of fact and decisions must be based upon a preponderance of the evidence. Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency regulations, a party submitted proposed findings of fact before the commencement of the hearing, the decision must include a ruling upon each proposed finding. Parties must be notified either personally or by certified mail of any decision or order. Upon request a copy of the decision or order must be delivered or mailed forthwith to each party and to the party’s attorney of record.
(Added to NRS by 1967, 809; A 1985, 351; 2015, 708)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.126 - Limitations on communications of agency’s members or employees rendering decision or making findings of fact and conclusions of law.

Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in a contested case shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or the party’s representative, except upon notice and opportunity to all parties to participate. An agency member may, subject to the provisions of NRS 233B.123:
1. Communicate with other members of the agency.
2. Have the aid and advice of one or more personal assistants.
(Added to NRS by 1967, 809)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. The provisions of NRS 233B.121 to 233B.150, inclusive, do not apply to the grant, denial or renewal of a license unless notice and opportunity for hearing are required by law to be provided to the applicant before the grant, denial or renewal of the license.
2. When a licensee has made timely and sufficient application for the renewal of a license or for a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court.
3. No revocation, suspension, annulment or withdrawal of any license is lawful unless, before the institution of agency proceedings, the agency gave notice by certified mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety or welfare imperatively require emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. An agency’s order of summary suspension may be issued by the agency or by the Chair of the governing body of the agency. If the order of summary suspension is issued by the Chair of the governing body of the agency, the Chair shall not participate in any further proceedings of the agency relating to that order. Proceedings relating to the order of summary suspension must be instituted and determined within 45 days after the date of the order unless the agency and the licensee mutually agree in writing to a longer period.
(Added to NRS by 1967, 810; A 2005, 1002; 2007, 557; 2009, 651; 2015, 708)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. Within 45 days after the service of the petition for judicial review or such time as is allowed by the court:
(a) The party who filed the petition for judicial review shall transmit to the reviewing court an original or certified copy of the transcript of the evidence resulting in the final decision of the agency.
(b) The agency that rendered the decision which is the subject of the petition shall transmit to the reviewing court the original or a certified copy of the remainder of the record of the proceeding under review.
The record may be shortened by stipulation of the parties to the proceedings. A party unreasonably refusing to stipulate to limit the record, as determined by the court, may be assessed by the court any additional costs. The court may require or permit subsequent corrections or additions to the record.
2. If, before submission to the court, an application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the agency, the court may order that the additional evidence and any rebuttal evidence be taken before the agency upon such conditions as the court determines.
3. After receipt of any additional evidence, the agency:
(a) May modify its findings and decision; and
(b) Shall file the evidence and any modifications, new findings or decisions with the reviewing court.
(Added to NRS by 1989, 1649; A 2015, 710)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › 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.

1. A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 40 days after the agency gives written notice to the parties that the record of the proceeding under review has been filed with the court.
2. The respondent or cross-petitioner shall serve and file a reply memorandum of points and authorities within 30 days after service of the memorandum of points and authorities.
3. The petitioner or cross-petitioner may serve and file reply memoranda of points and authorities within 30 days after service of the reply memorandum.
4. Within 7 days after the expiration of the time within which the petitioner is required to reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.
5. All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.
6. The court, for good cause, may extend the times allowed in this section for filing memoranda.
(Added to NRS by 1989, 1649)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.135 - Judicial review: Manner of conducting; burden of proof; standard for review.

1. Judicial review of a final decision of an agency must be:
(a) Conducted by the court without a jury; and
(b) Confined to the record.
In cases concerning alleged irregularities in procedure before an agency that are not shown in the record, the court may receive evidence concerning the irregularities.
2. The final decision of the agency shall be deemed reasonable and lawful until reversed or set aside in whole or in part by the court. The burden of proof is on the party attacking or resisting the decision to show that the final decision is invalid pursuant to subsection 3.
3. The court shall not substitute its judgment for that of the agency as to the weight of evidence on a question of fact. The court may remand or affirm the final decision or set it aside in whole or in part if substantial rights of the petitioner have been prejudiced because the final decision of the agency is:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the agency;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion.
4. As used in this section, "substantial evidence" means evidence which a reasonable mind might accept as adequate to support a conclusion.
(Added to NRS by 1989, 1650; A 2015, 710)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.140 - Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner.

1. A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.
2. In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.
3. In making a ruling, the court shall:
(a) Give deference to the trier of fact; and
(b) Consider the risk to the public, if any, of staying the administrative decision.
The petitioner must provide security before the court may issue a stay.
(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)
2023 Nevada Revised Statutes › Chapter 233B - Nevada Administrative Procedure Act › NRS 233B.150 - Appeal from final judgment of district court.

An aggrieved party may obtain a review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal shall be taken as in other civil cases.
(Added to NRS by 1967, 811; A 2013, 1768)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233C.011 to 233C.019, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1967, 1105; A 1977, 807; 1993, 1495; 1997, 3153; 2003, 631)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.020 - Legislative declaration.

The Legislature hereby determines and declares that:
1. The giving of further recognition to the arts as a vital aspect of our culture and heritage is an essential means of expanding the educational programs and promoting the general welfare of the people of the State of Nevada.
2. The practice, enjoyment and impact of the arts are of increasing importance to the economic vitality of communities in this state.
3. Residents of this state desire increased opportunity to view, enjoy or participate in the performing literary, visual and folk arts.
4. To this end, it is the policy of the State of Nevada to join with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of the communities of the State will continue to grow and play an ever increasing part in the cultural development and educational experience of the residents of the State of Nevada.
(Added to NRS by 1967, 1105; A 2003, 632)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.025 - Creation; sole agency to receive and disburse money from National Endowment for the Arts; cooperation with state agencies.

1. The Nevada Arts Council is hereby created as a Division of the Department.
2. The Division is the sole and official agency of this State to receive and disburse any money made available to this State by the National Endowment for the Arts pursuant to 20 U.S.C. § 954.
3. The Division:
(a) Shall cooperate with the State Public Works Board and the Buildings and Grounds Section of the State Public Works Division of the Department of Administration to plan the potential purchase and placement of works of art inside or on the grounds surrounding a state building.
(b) May request and must receive from any department, division, board, bureau, commission or agency of this State such assistance and data, as feasible and available, as will enable the Division to properly carry out the purposes of this chapter.
(Added to NRS by 2003, 631)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.030 - Board: Creation; number of members.

The Board of the Division, consisting of nine members appointed by the Governor, is hereby created.
(Added to NRS by 1967, 1106; A 1975, 230; 1977, 807; 1993, 1495; 1997, 3153; 2003, 632)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.040 - Board members: Appointment; qualifications; term; removal.

1. The Governor shall appoint the members of the Board from among residents of this State who are known for their knowledge of and experience in the performing literary, visual and folk arts.
2. After the initial terms, the term of each member is 4 years, except when appointed to fill unexpired terms.
3. A member may be removed by the Governor for three unexcused absences from meetings of the Board.
(Added to NRS by 1967, 1106; A 1971, 74; 1975, 230; 1977, 807; 1981, 63; 2003, 632)
2023 Nevada Revised Statutes › Chapter 233C - Organizations for the Promotion of Culture › NRS 233C.050 - Board members: Salary; per diem allowance and travel expenses.

1. Each member of the Board is entitled to receive a salary of not more than $80, as fixed by the Board, for each day or portion thereof during which the member is in attendance at a regularly called meeting of the Board.
2. If provided for in the budget of the Division, each member and employee of the Board, while engaged in the business of the Board, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
(Added to NRS by 1967, 1106; A 1977, 807; 1981, 1978; 1985, 412; 1989, 1709; 2003, 632)