reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Summary Suspension of License of Marijuana Establishment or Marijuana Establishment Agent Registration Card › Section 453D.920 - Grounds for summary suspension; notice; request for hearing

Current through June 11, 2024
1. Pursuant to subsection 3 of
				NRS
				233B.127, if the Department finds that the
				public health, safety or welfare imperatively requires emergency action, the
				Department may issue an order of summary suspension of the license of a
				marijuana establishment or a marijuana establishment agent registration card
				pending proceedings for revocation or other action. An order of summary
				suspension issued by the Department must contain findings of the exigent
				circumstances which warrant the issuance of the order of summary suspension,
				and a suspension under such an order is effective immediately.
2. The Department will give notice to a
				person that is subject to an order of summary suspension of the facts or
				conduct that warrant the order and the deficiencies that must be corrected to
				lift the order. A person that is subject to an order of summary suspension
				shall not operate until the Department has confirmed that the deficiencies
				identified in the order have been corrected.
3. A person that is subject to an order of
				summary suspension may request a hearing regarding the order within 10 business
				days after the order is issued.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Summary Suspension of License of Marijuana Establishment or Marijuana Establishment Agent Registration Card › Section 453D.925 - Authority of party to file answer; amendment of notice or order; request for continuance of hearing; inclusion of documentation in record at hearing

Current through June 11, 2024
1. After being served with a notice or order
				of summary suspension, a person may, but is not required to, file an answer to
				the notice or order of summary suspension. The person may file such an answer
				not later than 10 days after the date of service of the notice or order of
				summary suspension.
2. The
				Department may amend the notice or order of summary suspension at any time
				before the hearing. If the Department amends the notice or order of summary
				suspension before the hearing, the Department will:
(a) File the amended notice or order of
				summary suspension with the hearing officer; and
(b) Serve the person with the amended notice
				or order of summary suspension.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Summary Suspension of License of Marijuana Establishment or Marijuana Establishment Agent Registration Card › Section 453D.930 - Written discovery request; contents and discovery of investigative file; party barred from serving interrogatories or taking depositions

Current through June 11, 2024
1. At any time after being served with a
				notice or order of summary suspension, the person may file with the hearing
				officer a written discovery request for a copy of all documents and other
				evidence intended to be presented by the Department in support of the case and
				a list of proposed witnesses.
2.
				The investigative file for a case is not discoverable unless the Department
				intends to present materials from the investigative file as evidence in support
				of the case. The investigative file for the case includes all communications,
				records, affidavits or reports acquired or created as part of the investigation
				of the case, whether or not acquired through a subpoena related to the
				investigation of the person.
3. A
				party may not serve any interrogatories on another party or take any
				depositions relating to the case.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.940 - Contents and service of notice; scheduling; service of findings of fact, conclusions of law and decision; authority of hearing officer to impose disciplinary action or civil penalty

Current through June 11, 2024
1. The hearing
				officer shall send a notice to set a hearing to the last known mailing address
				of a person who requests a hearing.
2. The hearing officer shall conduct an
				administrative hearing pursuant to NAC 453D.908 or 453D.920 within 15 days
				after receiving a request for a hearing. The hearing officer may continue such
				a hearing for good cause shown.
3.
				Notice of an administrative hearing conducted pursuant to this section must be
				served by mail at least 10 days before the date of the hearing to any person
				who requests a hearing.
4. Notice
				of a hearing served pursuant to subsection 3 must specify:
(a) The purpose of the hearing; and
(b) The date, time and location of the
				hearing.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.944 - Representation of party; duties of attorney; withdrawal of attorney; bar of attorney from participation or imposition of sanctions; responsibility for costs

Current through June 11, 2024
1. In any hearing
				against a person pursuant to this chapter, the person may appear on his or her
				own behalf or the person may be represented by:
(a) An attorney licensed to practice law in
				this State; or
(b) An attorney
				licensed to practice law in another state who is properly associated with an
				attorney licensed to practice law in this State and who provides a certificate
				of good standing from the licensing authority of the other state.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.948 - Authorized communications to hearing officer

Current through June 11, 2024
A party to a hearing shall not communicate either directly or
				  indirectly with the hearing officer about any issue of fact or law related to
				  the case unless the communication:
1.
				Is part of a pleading, motion or other document that is properly filed and
				served on all parties; or
2. Occurs
				while all parties are present or occurs during a meeting or hearing for which
				all parties have been given proper notice, whether or not all parties are
				present at that meeting or hearing.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.952 - Prehearing conference; conference before taking testimony

Current through June 11, 2024
1. The hearing officer may, upon his or her
				own motion or the motion of a party, hold a prehearing conference for the
				purpose of formulating or simplifying the issues, obtaining admissions of fact
				or documents which will avoid unnecessary proof, arranging for the exchange of
				proposed exhibits or prepared expert testimony, limiting the number of
				witnesses, any procedure for the hearing and any other matters which may
				expedite orderly conduct and the disposition of the proceedings or settlements
				thereof.
2. The action taken at a
				prehearing conference and the agreements, admissions or stipulations made by
				the parties concerned must be made a part of the record and must be approved by
				the parties. When approved, such an action will control the course of
				subsequent proceedings, unless otherwise stipulated to by all the parties of
				record with the consent of the hearing officer.
3. In any proceeding the hearing officer may,
				in his or her discretion, call all of the parties together for a conference
				before the taking of testimony. The hearing officer shall state on the record
				the results of the conference.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.956 - Continuances and recesses

Current through June 11, 2024
The hearing officer may, in his or her discretion, either
				  before or during a hearing, grant continuances or recesses.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.960 - Failure to appear

Current through June 11, 2024
At the time and place set for the hearing, if a party fails
				  to appear, the hearing officer may, in his or her discretion, dismiss the
				  proceeding with or without prejudice or may recess the hearing for a period of
				  time to be set by the hearing officer to enable the party to attend. If the
				  hearing officer finds that all parties received proper notice, the hearing
				  officer may accept testimony and exhibits from the parties who appear and,
				  thereafter, issue a decision.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.964 - Burden and standard of proof; order of evidence; request and costs for transcription

Current through June 11, 2024
1. The Department
				has the burden of proof, and the standard of proof is a preponderance of the
				evidence as defined in
				NRS
				233B.0375.
2. Evidence may be received in any manner
				ordered by the hearing officer, but will ordinarily be received from the
				parties in the order described in NAC 453D.984.
3. If requested by any party, the hearing or
				any portion of the hearing must be transcribed. The party making the request
				shall pay all costs for the transcription.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.968 - Subpoenas

Current through June 11, 2024
1. Except as otherwise provided in this
				subsection, the Department may issue a subpoena requiring the production of
				books and papers or the attendance of a witness from any place in the State to
				the place designated for a hearing for the purpose of taking testimony before
				the hearing officer. Such a subpoena must not compel the production of books or
				papers that contain individually identifiable health information.
2. A party desiring the Department to issue a
				subpoena must submit an application in writing to the hearing officer stating
				the reasons why a subpoena is requested.
3. The hearing officer may require that a
				subpoena requested by a party for the production of books, waybills, papers,
				accounts or other documents be issued only after the submission of an
				application in writing, which specifies as clearly as may be, the books,
				waybills, papers, accounts or other documents desired.
4. The hearing officer, upon receipt of an
				application for a subpoena, shall:
(a) Grant
				the application and issue the subpoena;
(b) Deny the application; or
(c) Schedule a hearing to decide whether to
				grant or deny the application.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.972 - Rules of evidence

Current through June 11, 2024
1. The hearing will
				not be conducted according to the technical rules of evidence. Any relevant
				evidence may be admitted, except where precluded by law, if it is of a type
				commonly relied upon by reasonable and prudent persons in the conduct of their
				affairs, even though the evidence might be subject to objection in civil
				actions.
2. Hearsay evidence, as
				that term is used in civil actions, may be admitted for the purpose of
				supplementing or explaining other evidence, but it is not sufficient to support
				findings of fact unless it would be admissible over objection in civil
				actions.
3. The rules of privilege
				will be applied as they are applied in civil actions.
4. Irrelevant, cumulative and unduly
				repetitious evidence is not admissible, nor is incompetent evidence, as that
				term is used in civil trials, with the exception of hearsay evidence as above
				provided.
5. The parties or their
				counsel may, by written stipulation, agree that certain specified evidence may
				be admitted, even though the evidence would otherwise be subject to
				objection.
6. The hearing officer
				or any party to any proceeding may cause the depositions of witnesses to be
				taken in the manner prescribed by law and the rules of the court for
				depositions in civil actions.
7.
				The affidavit of any person may be admitted in evidence if all the parties
				stipulate and consent to its admission.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.976 - Official notice

Current through June 11, 2024
The hearing officer may take official notice of the following
				  matters:
1. Rules, regulations,
				official reports, decisions and orders of the Department and any regulatory
				agency of the State.
2. Contents of
				decisions, orders, certificates and permits issued by the Department.
3. Matters of common knowledge and technical
				or scientific facts of established character.
4. Official documents, if pertinent, when
				properly introduced into the record of formal proceedings by reference if
				proper and definite reference to the document is made by the party offering it
				and it is published and generally circulated so that all of the parties of
				interest at the hearing have an opportunity to examine it and present rebuttal
				evidence.
5. Matters which may be
				judicially noticed by the courts of the State.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.980 - Filing of briefs

Current through June 11, 2024
1. In any hearing,
				the hearing officer may order briefs filed within such time as he or she
				allows.
2. Briefs must be filed
				with the hearing officer and be accompanied by an acknowledgment of or an
				affidavit showing service on all other parties of record.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.988 - Preparation and service of findings of fact, conclusions of law and final decision by hearing officer

Current through June 11, 2024
1. After the
				hearing of a contested case, the hearing officer shall prepare findings of
				fact, conclusions of law and his or her final decision on the issues presented
				in the hearing.
2. The hearing
				officer shall serve a copy of his or her findings of fact, conclusions of law
				and decision upon all the parties of record within 60 days after the date of
				the hearing.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.990 - Motion to request rehearing or reconsideration; response in opposition; order ruling on motion; scope of rehearing

Current through June 11, 2024
1. After the close
				of the hearing, a party may file only the following motions:
(a) A motion requesting a
				rehearing.
(b) A motion requesting
				reconsideration of the findings of fact, conclusions of law and final decision
				of the hearing officer.
(c) With
				leave of the hearing officer, any other motion requesting appropriate action or
				relief after the close of the hearing.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.994 - Notice of appeal with Nevada Tax Commission; oral argument; final written decision on appeal; disciplinary action or civil penalty effective until reversed on appeal; authorized judicial review

Current through June 11, 2024
1. The
				Department, any party to a hearing or a designated representative may, within
				30 days after service of the copy of the findings of fact, conclusions of law
				and final decision of the hearing officer, file a notice of appeal with the
				Nevada Tax Commission.
2. Within 30
				days after filing a notice of appeal, the appellant shall file with the Nevada
				Tax Commission a:
(a) Brief setting forth the
				points relied upon in the appeal and authorities in support thereof;
				and
(b) Designation of the parts of
				the record before the hearing officer that the appellant deems relevant to the
				appeal.
Nevada Administrative Code › Chapter 453D - Regulation and Taxation of Marijuana › DISCIPLINARY ACTION; PRACTICE BEFORE THE DEPARTMENT OF TAXATION › Hearings › Section 453D.996 - Judicial review

Current through June 11, 2024
1. Except as
				otherwise provided in the Nevada Constitution, a party may not seek any type of
				judicial intervention or review of a hearing until after the hearing results in
				a final decision of the Nevada Tax Commission.
2. Except as otherwise provided in this
				section, a party may seek judicial review of a final decision of the Nevada Tax
				Commission in accordance with the provisions of chapter 233B of NRS that apply
				to a contested case.
Added to NAC by Dep't
				  of Taxation by R092-17, eff. 2-27-2018
NRS
					 453D.200
Nevada Administrative Code › Chapter 454 - Poisons, Dangerous Drugs and Devices › Section 454.030 - Sale of nasal inhalers containing stimulants to the central nervous system

Current through June 11, 2024
Nasal inhalers and preparations designed and intended to be instilled or sprayed into the nostrils, which contain drugs capable of causing stimulation to the central nervous system, the sale of which is not restricted to prescription only, may be sold at retail only by a registered pharmacist when such sales are made in good faith for medicinal use in the treatment of human illness.
Bd. of Pharmacy, § 454.030, eff. 6-26-80
Nevada Administrative Code › Chapter 454 - Poisons, Dangerous Drugs and Devices › Section 454.040 - Security of drugs, chemicals, poisons and restricted devices

Current through June 11, 2024
Restricted or prescription drugs, chemicals and poisons and restricted devices must be stored within the pharmacy in such a manner and place as will make them inaccessible to the public. The self-service display of any such drug, chemical, poison or device is prohibited.
Bd. of Pharmacy, part § 453.220, eff. 6-26-80
Nevada Administrative Code › Chapter 454 - Poisons, Dangerous Drugs and Devices › Section 454.050 - Records to be maintained by pharmacist

Current through June 11, 2024
1. A pharmacist shall maintain, in connection with any sale of supplies of dangerous drugs to a practitioner, the order presented in connection with the purchase which contains the following information:
(a) The name of the practitioner, and his address if it is not immediately available to the pharmacist.
(b) The classification of the practitioner's license.
(c) The name, strength and quantity of the drug or drugs supplied.
Nevada Administrative Code › Chapter 454 - Poisons, Dangerous Drugs and Devices › Section 454.060 - Requirements for written prescriptions for dangerous drugs

Current through June 11, 2024
In addition to the requirements of NRS 454.223, each written prescription for a dangerous drug must:
1. Contain the handwritten signature of the prescribing practitioner in nonerasable ink; and
2. Be submitted to the pharmacist in its original form.
Added to NAC by Bd. of Pharmacy, eff. 1-10-94
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 455.015 to 455.095, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R048-06, 9-18-2006
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.015 - "Affected area of the proposed excavation or demolition" defined

Current through June 11, 2024
"Affected area of the proposed excavation or demolition" means the area that is:
1. Within the perimeter of the proposed area of the excavation or demolition; and
2. Within 24 inches horizontally of the perimeter of the proposed area of the excavation or demolition.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R153-07, 1-30-2008, eff. 7-1-2008
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.020 - "Approximate location of a subsurface installation" defined

Current through June 11, 2024
"Approximate location of a subsurface installation" has the meaning ascribed to it in NRS 455.082.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.025 - "Association for operators" defined

Current through June 11, 2024
"Association for operators" has the meaning ascribed to it in NRS 455.084.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.030 - "Commission" defined

Current through June 11, 2024
"Commission" means the Public Utilities Commission of Nevada.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.035 - "Damage" defined

Current through June 11, 2024
"Damage" has the meaning ascribed to it in NRS 455.086.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.040 - "Demolition" defined

Current through June 11, 2024
"Demolition" has the meaning ascribed to it in NRS 455.088.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.045 - "Emergency" defined

Current through June 11, 2024
"Emergency" has the meaning ascribed to it in NRS 455.090.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.050 - "Excavation" defined

Current through June 11, 2024
"Excavation" has the meaning ascribed to it in NRS 455.092.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.055 - "Excavator" defined

Current through June 11, 2024
"Excavator" means any person who directly or through an employee performs an excavation or demolition.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.060 - "Identify" defined

Current through June 11, 2024
"Identify" means to describe:
1. The type of a subsurface installation; and
2. If the subsurface installation has a diameter or width of more than 2 inches, the diameter or width and composition of the subsurface installation, if reasonably known.
The term does not include describing the depth of a subsurface installation.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.065 - "Locate" defined

Current through June 11, 2024
"Locate" means to determine the location of a subsurface installation. The term does not include determining the depth of the subsurface installation.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.067 - "Marking practices in the industry" defined

Current through June 11, 2024
"Marking practices in the industry" means the marking standards adopted by reference in NAC 455.105.
Added to NAC by Pub. Utilities Comm'n by R048-06, eff. 9-18-2006
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.070 - "Notification" defined

Current through June 11, 2024
"Notification" means a notice of an excavation or demolition submitted by an excavator to an association for operators.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.075 - "Operator" defined

Current through June 11, 2024
"Operator" has the meaning ascribed to it in NRS 455.096.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.080 - "Person" defined

Current through June 11, 2024
"Person" has the meaning ascribed to it in NRS 455.098.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.085 - "Proposed area of the excavation or demolition" defined

Current through June 11, 2024
"Proposed area of the excavation or demolition" means the area identified by the excavator pursuant to the provisions of NAC 455.115 and subparagraph (2) of paragraph (b) of subsection 1 of NRS 455.110.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.090 - "Subsurface installation" defined

Current through June 11, 2024
"Subsurface installation" has the meaning ascribed to it in NRS 455.101.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.095 - "Working day" defined

Current through June 11, 2024
"Working day" has the meaning ascribed to it in NRS 455.105.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.100 - "Association for operators" deemed to be Underground Service Alert North

Current through June 11, 2024
For the purposes of this chapter and NRS 455.080 to 455.180, inclusive, the "association for operators," as described in NRS 455.084, shall be deemed to be Underground Service Alert North, or its successor organization.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 455.084, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.Sec. 1 - NEW

Current through June 11, 2024
Except as otherwise provided in this section, an operator shall
				submit to the association for operators at least once per calendar quarter an
				update on any changes to the geographic area of any subsurface installation
				owned, operated, maintained or controlled by the operator in this State. An
				operator is not required to submit an update pursuant to this section if no
				such changes have occurred.
Added
				to NAC by Pub. Utilities Comm'n by
				R031-20A,
				eff. 4/11/2022
NRS 455.120,
				455.130, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › GENERAL PROVISIONS › Section 455.Sec. 2 - NEW

Current through June 11, 2024
Chapter 455 of NAC is hereby amended by adding thereto a new
				section to read as follows:
1. If a
			 person causes or observes any damage, including, without limitation, a scratch,
			 kink, stretch mark or any other unusual condition, to a subsurface installation
			 while working in the area of the subsurface installation using hand tools, the
			 person shall:
(a) Cease work in the area
			 around the damaged subsurface installation;
(b) If the damage to the subsurface
			 installation has caused the release of any gas or hazardous liquid, promptly
			 report the release to the appropriate emergency response agencies by calling
			 telephone emergency 911 services;
(c) Inform the operator of the subsurface
			 installation of the damage; and
(d)
			 Not backfill the area around the damaged subsurface installation until the
			 operator of the subsurface installation has had a reasonable amount of time to
			 inspect, maintain and repair the subsurface installation.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.105 - Marking standards: Adoption by reference; availability

Current through June 11, 2024
1. The Commission hereby adopts by reference the marking standards described in the:
(a) "Uniform Color Code";
(b) "Guidelines for Excavation Delineation"; and
(c) "Guidelines for Operator's Facility Field Delineation,"
as set forth in Appendix B of
Best Practices Version 3.0
, published by the Common Ground Alliance.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.107 - Marking standards: Controlling provisions

Current through June 11, 2024
If there is a conflict between the marking practices in the industry and the other provisions of this chapter, the other provisions of this chapter control.
Added to NAC by Pub. Utilities Comm'n by R048-06, eff. 9-18-2006
NRS 455.133, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.110 - Notification of association for operators: Required information

Current through June 11, 2024
In addition to the requirements set forth in paragraph (a) of subsection 1 of NRS 455.110, an excavator submitting a notification shall provide to the association for operators:
1. If applicable, the number of the facsimile machine at which the excavator can receive documents;
2. If applicable, the electronic mail address at which the excavator can be contacted;
3. If the affected area of the proposed excavation or demolition was the subject of a previous notification submitted by the excavator, information relating to the previous notification; and
4. Any additional information relating to the excavation or demolition that is requested by the association for operators.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 455.110, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.115 - Marking of proposed area of excavation or demolition; exemption from requirement for notification

Current through June 11, 2024
1. Except as otherwise provided in subsections 3 and 4, an excavator who marks the proposed area of an excavation or demolition pursuant to the provisions of subparagraph (2) of paragraph (b) of subsection 1 of NRS 455.110 shall mark:
(a) The area before submitting a notification; and
(b) Only the area that can reasonably be excavated or demolished within 14 calendar days after the date the excavator submitted the notification of the excavation or demolition to the association for operators pursuant to the provisions of NRS 455.110.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.120 - Association for operators: Dissemination of information received in notification

Current through June 11, 2024
In addition to the requirements set forth in NRS 455.115, an association for operators that receives a notification pursuant to the provisions of NRS 455.110 shall transmit the information contained in the notification to all members of the association for operators who have reported to the association for operators that they own, operate, maintain or control a subsurface installation in the affected area of the proposed excavation or demolition.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 455.115, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.125 - Duties of operator upon receipt of notification from association for operators

Current through June 11, 2024
1. An operator locating and identifying subsurface installations pursuant to the provisions of paragraph (a) of subsection 1 of NRS 455.130 shall locate and identify all subsurface installations of the operator that are in use or held for prospective use and are located within the affected area of the proposed excavation or demolition and shall:
(a) Mark the approximate location of the subsurface installations located and identified as required by NRS 455.133 and NAC NRS 455.130 or in another manner agreed to in writing between the excavator and the operator; or
(b) For any subsurface installations of the operator that the operator was unable to identify or locate according to the records of the operator:
(1) Inform the excavator of the approximate location of the subsurface installation; and
(2) Provide to the excavator the best description available of the subsurface installation from those records.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.130 - Marking location of subsurface installation

Current through June 11, 2024
1. Except as otherwise provided in subsection 2 or when otherwise agreed to by an operator and an excavator, an operator marking the approximate location of a subsurface installation that has been located and identified pursuant to the provisions of NAC 455.125 shall mark the approximate location of the subsurface installation in a manner consistent with the marking practices in the industry.
2. The requirement of marking the approximate location of a subsurface installation does not apply to an individual irrigation system for landscaping or to a playing field.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R048-06, 9-18-2006
NRS 455.130, 455.133, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.135 - Marks: Duties of excavator; re-marking; confirmation or replacement

Current through June 11, 2024
1. Until an excavation or demolition is completed, an excavator shall maintain the marks:
(a) Of the proposed area of an excavation or demolition made by the excavator pursuant to the provisions of subsections 2 and 3 of NAC 455.115; and
(b) Of the approximate location of subsurface installations made by an operator pursuant to paragraph (a) of subsection 1 of NAC 455.125.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.140 - Marks: Prohibited acts; removal upon completion of excavation or demolition

Current through June 11, 2024
1. Except as otherwise provided in subsection 2, an excavator, an operator or any other person shall not create, remove, change or modify a mark made by an excavator or an operator in an affected area of a proposed excavation or demolition for the purpose of violating a provision of this chapter or NRS 455.080 to 455.180, inclusive.
2. Except as otherwise provided in NAC 455.160, an excavator or operator may remove a mark made by the excavator or an operator if the excavation or demolition has been completed.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.145 - Restrictions upon and duties of excavator before commencement of excavation or demolition

Current through June 11, 2024
1. Except when commencing an emergency excavation as provided in the provisions of subsection 2 of NRS 455.110, an excavator:
(a) Shall not commence an excavation or demolition:
(1) Until each operator of a subsurface installation within the affected area of the proposed excavation or demolition has marked the location or has provided the approximate location of the subsurface installations of the operator pursuant to the provisions of NAC 455.125; and
(2) Before:
(I) The date and time the excavator identified as the date and time of commencement of the excavation or demolition; and
(II) Two working days after the date and time the excavator provided notification to the association for operators.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.150 - Duties of excavator: Procedures for conducting excavation or demolition

Current through June 11, 2024
1. An excavator conducting an excavation or demolition shall proceed in a careful and prudent manner.
2. In accordance with the provisions of NRS 455.137, the excavator shall, when conducting an excavation or demolition within the approximate location of a subsurface installation, determine the exact location of the subsurface installation by excavating with hand tools or by any other method agreed upon by the excavator and the operator having responsibility for the subsurface installation before using any mechanical equipment.
3. If, during the course of an excavation or demolition, an excavator is unable to determine the exact location of a subsurface installation within 24 horizontal inches of a mark placed by an operator, the excavator shall notify immediately the association for operators and the operator who placed the mark.
4. If, during the course of an excavation or demolition, an excavator discovers any subsurface installation, the excavator shall provide the lateral and subjacent support of the subsurface installation that is needed to ensure the protection and stability of the subsurface installation.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R153-07, 1-30-2008, eff. 7-1-2008
NRS 455.137, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.155 - Duties of excavator: Discovery of unmarked subsurface installation during course of excavation or demolition

Current through June 11, 2024
1. In addition to the requirements set forth in subsection 4 of NAC 455.150 if, during the course of an excavation or demolition, an excavator discovers a subsurface installation the location of which was not marked or otherwise identified by an operator pursuant to the provisions of NAC 455.125, the excavator shall:
(a) Before continuing with the excavation or demolition, inform the owner of the subsurface installation, if known, of the discovery of the subsurface installation; and
(b) As soon as practical, provide notification to the association for operators of the discovery of the subsurface installation.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.160 - Duties of excavator: Causing or observing damage to subsurface installation during excavation or demolition

Current through June 11, 2024
1. If an excavator causes or observes any damage, including, without limitation, a scratch, kink, stretch mark or any other unusual condition, to a subsurface installation during an excavation or demolition, the excavator shall:
(a) Cease work on the excavation or demolition in the area around the damaged subsurface installation;
(b) Inform the operator of the subsurface installation of the damage; and
(c) Except as otherwise provided in subsection 2, not backfill the area around the damaged subsurface installation until the operator of the subsurface installation has had a reasonable amount of time to inspect, maintain and repair the subsurface installation.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.163 - Reporting of contact with, exposure of or damage to subsurface installation

Current through June 11, 2024
1. The excavator and the operator of a subsurface installation within the affected area of the proposed excavation or demolition shall, with respect to an excavation or demolition that occurs on or after January 1, 2008, but before January 1, 2009, report any contact with, exposure of or damage to the subsurface installation that results from the excavation or demolition to the Regulatory Operations Staff of the Commission. The report must be made on the form made available by the Commission on its website.
2. The excavator and the operator of a subsurface installation shall:
(a) Prepare the report described in subsection 1 for each calendar quarter; and
(b) File the report with the Regulatory Operations Staff of the Commission not later than 45 days after the last day of the calendar quarter.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › EXCAVATION OR DEMOLITION NEAR SUBSURFACE INSTALLATION › Section 455.165 - Period for conducting excavation or demolition: Validity of notification; extension

Current through June 11, 2024
1. A notification submitted by an excavator to an association for operators is valid to conduct an excavation or demolition for 28 calendar days after the date and time that the excavator provided the notification to the association for operators pursuant to the provisions of NRS 455.110.
2. An excavator may submit a request to the association for operators to extend the period for which the excavator may engage in the excavation or demolition by an additional 28 calendar days.
3. The association for operators shall notify the operators of subsurface installations within the affected area of the proposed excavation or demolition of the extension of time for excavation or demolition, and the period for which the excavator may engage in the excavation or demolition shall be deemed to be extended for 28 calendar days.
4. An excavator may not request more than two extensions of the period in which the excavator is permitted to engage in an excavation or demolition pursuant to the provisions of this section. If the excavator needs additional time in which to engage in the excavation or demolition beyond the period afforded by the original notification and the subsequent extensions, the excavator shall submit a new notification to the association for operators pursuant to the provisions of NRS 455.110.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R153-07, 1-30-2008
NRS 455.110, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.200 - Definitions

Current through June 11, 2024
As used in NAC 455.200 to 455.450, inclusive, unless the context otherwise requires, the words and terms defined in NAC 455.205 to 455.237, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.205 - "Complainant" defined

Current through June 11, 2024
"Complainant" means the Attorney General, a district attorney, a city attorney, the staff, the governmental agency that issued the permit to conduct an excavation or demolition, an operator, or a person conducting an excavation or demolition who submits a complaint to the Commission.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 455.170, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.210 - "Complaint" defined

Current through June 11, 2024
"Complaint" means a written complaint made to the Commission by a complainant:
1. Alleging a violation of a provision of this chapter or NRS 455.080 to 455.180, inclusive; and
2. Seeking the imposition of a civil penalty pursuant to NRS 455.170.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 455.170, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.225 - "Party to a complaint" defined

Current through June 11, 2024
"Party to a complaint" includes:
1. The complainant;
2. The respondent;
3. The staff, if the staff is not the complainant; and
4. A person who is granted leave to intervene pursuant to NAC 703.580.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.227 - "Presiding officer" defined

Current through June 11, 2024
"Presiding officer" means:
1. The Chair of the Commission;
2. A member of the Commission designated by the Chair of the Commission to preside over and conduct hearings or other proceedings, or any portion thereof; or
3. A hearing officer designated by the Chair of the Commission to preside over and conduct hearings or other proceedings, or any portion thereof.
Added to NAC by Pub. Utilities Comm'n by R029-11, eff. 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.235 - "Respondent" defined

Current through June 11, 2024
"Respondent" means a person against whom a complaint is made.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.237 - "Staff" defined

Current through June 11, 2024
"Staff" means the Regulatory Operations Staff of the Commission.
Added to NAC by Pub. Utilities Comm'n by R029-11, eff. 2-20-2013
NRS 703.025, 704.260, 704.280