reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Complaints › Section 618.749 - Answer

Current through June 11, 2024
1. Within 15 days after service of a
				complaint, the party against whom the complaint was issued shall file an answer
				with the Board and serve the opposing parties with a copy of the
				answer.
2. The answer must contain
				a short and plain statement denying those allegations in the complaint which
				the party intends to contest. Any allegation not denied shall be deemed
				admitted.
Dep't of Occupational Safety &
				Health, part Rule No. 33, eff. 11-9-73-NAC A by Occupational Safety &
				Health Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.752 - Conduct of hearings by Board

Current through June 11, 2024
The Board will conduct a fair and impartial
				hearing to assure that the facts are fully elicited to adjudicate all issues
				and avoid delay. The Board will, between the time it is notified of an appeal
				or contest and the time it issues a decision:
1. Rule upon offers of proof and receive
				relevant evidence;
2. Take or cause
				depositions to be taken whenever the needs of justice would be
				served;
3. Regulate the course of
				the hearing and, if appropriate or necessary, exclude persons from the hearing
				for contemptuous conduct and strike all related testimony of witnesses refusing
				to answer any proper questions;
4.
				Hold conferences for the settlement or simplification of the issues;
5. Dispose of procedural requests or similar
				matters, including motions referred to the Board by the Chief and motions to
				amend pleadings, to dismiss complaints or portions of them and to order
				hearings reopened or, upon motion, consolidated before the issuance of the
				Chair's report;
6. Make decisions
				in conformity with the act;
7. Call
				and examine witnesses and introduce into the record documentary or other
				evidence;
8. Request the parties at
				any time during the hearing to state their respective positions concerning any
				issue in the case or theory in support of the case;
9. Adjourn the hearing as the needs of
				justice and good administration require; and
10. Take any other action necessary and
				authorized by the regulations of the Board or the Division.
Dep't of Occupational Safety &
				Health, Rule No. 66, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.755 - Disqualification of member of Board

Current through June 11, 2024
1. A member of the
				Board may withdraw from a proceeding whenever the member of the Board considers
				himself or herself to be disqualified.
2. Any party may request a member of the
				Board, at any time before the filing of the Board's decision, to withdraw on
				the grounds of personal bias or other disqualification, by filing with the
				Board promptly upon the discovery of the alleged facts an affidavit setting
				forth in detail the matters alleged to constitute grounds for
				disqualification.
3. If, in the
				opinion of the member of the Board, the affidavit is filed with due diligence
				and is sufficient on its face, the member of the Board shall disqualify himself
				or herself and withdraw from the proceeding.
4. If a member of the Board withdraws from
				the proceeding, the member of the Board shall state the reason for the
				disqualification upon the record, stating the grounds for his or her decision.
				If the member of the Board does not believe the affidavit is sufficient on its
				face, the member of the Board shall state his or her decision on the record.
				The Board shall proceed with the hearing, or, if the hearing has closed,
				proceed with issuing its decision.
Dep't of Occupational Safety &
				Health, Rule No. 67, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.758 - Chief's participation in hearing

Current through June 11, 2024
In any proceeding noticed pursuant to NAC
				618.650 to 618.848, inclusive, the Chief will not participate in or give advice
				regarding the report of the Board's decision.
Dep't of Occupational Safety &
				Health, Rule No. 104, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.761 - Ex parte communication

Current through June 11, 2024
1. There may be no
				ex parte communication, with respect to the merits of any case not decided,
				between the Board, including any member, officer, employee or agent of the
				Board who is employed in the decision process, and any of the parties or
				interveners.
2. If an ex parte
				communication occurs, the Board may make any orders or take any action fairness
				requires. Upon notice and hearing, the Board may take any disciplinary action
				appropriate in the circumstances against any person who knowingly and willfully
				makes or solicits the making of a prohibited ex parte communication.
Dep't of Occupational Safety &
				Health, Rule No. 103, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.764 - Confidential information

Current through June 11, 2024
1. Upon application
				by any person, in a proceeding where trade secrets or other matters may be
				divulged, the confidentiality of which is protected by the act, the Board will
				issue such orders as may be appropriate to protect the confidentiality of these
				matters.
2. An interlocutory appeal
				from an adverse ruling under this section will be granted as a right.
Dep't of Occupational Safety &
				Health, Rule No. 11, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.767 - Prehearing conference

Current through June 11, 2024
1. At any time
				before a hearing, the Board, on its own motion or on the motion of a party, may
				direct the parties or their representatives to exchange information or to
				participate in a prehearing conference to consider matters which will simplify
				the issues or expedite the proceedings.
2. The Board may issue a prehearing order
				which includes the agreements reached by the parties. The order will be served
				on all parties and is a part of the record.
Dep't of Occupational Safety &
				Health, Rule No. 51, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.770 - Notice of hearing

Current through June 11, 2024
Except as otherwise provided in NAC 618.650 to
				618.848, inclusive, the Board will send a notice of the time, place and nature
				of a hearing to the parties and interveners of record at least 10 days before
				the hearing.
Dep't of Occupational Safety &
				Health, Rule No. 60, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.773 - Withdrawal of notice of contest

Current through June 11, 2024
At any stage of a proceeding, a party may
				withdraw his or her notice of contest, subject to the approval of the
				Board.
Dep't of Occupational Safety &
				Health, Rule No. 50, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.776 - Postponement of hearing

Current through June 11, 2024
1. The postponement
				of a hearing ordinarily will not be allowed.
2. Except in the case of an extreme emergency
				or in unusual circumstances, no request will be considered unless received in
				writing at least 3 days in advance of the time set for the hearing.
3. No postponement in excess of 30 days will
				be allowed without the Board's approval.
Dep't of Occupational Safety &
				Health, Rule No. 61, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.779 - Expedited proceeding

Current through June 11, 2024
1. Upon application
				of any party or intervener, or upon the motion of any member of the Board, the
				Chair of the Board may order an expedited proceeding.
2. If an expedited proceeding is ordered:
(a) The Chief shall notify all parties and
				interveners.
(b) The Chair of the
				Board shall make necessary rulings for the time for the filing of pleadings and
				all other matters, order daily transcripts of the hearing, and do all other
				things necessary to complete the proceeding in the minimum time consistent with
				fairness.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.782 - Failure of party to appear

Current through June 11, 2024
1. Subject to the
				provisions of subsection 3, the failure of a party to appear at a hearing is a
				waiver of all rights except the rights to be served with a copy of the decision
				of the Board.
2. Requests for
				reinstatement must be made, in the absence of extraordinary circumstances,
				within 5 days after the scheduled date for the hearing.
3. The Board, upon a showing of good cause,
				may excuse a failure to appear. In this event, the hearing will be
				rescheduled.
Dep't of Occupational Safety &
				Health, Rule No. 62, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.785 - Conduct at hearings

Current through June 11, 2024
All persons appearing in any proceeding shall
				conform to the standards of ethical conduct required in the courts of the State
				of Nevada.
Dep't of Occupational Safety &
				Health, Rule No. 102, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.788 - Burden of proof

Current through June 11, 2024
In all proceedings commenced by the filing of a
				notice of contest, the burden of proof rests with the Chief.
Dep't of Occupational Safety &
				Health, Rule No. 73, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.791 - Subpoenas

Current through June 11, 2024
1. The Chair of the Board or any member of
				the Board shall, on the application of any party directed to the Board, request
				the Chief to issue subpoenas requiring the attendance and testimony of
				witnesses and the production of any evidence, including relevant books,
				records, correspondence or documents. An application, if filed after the notice
				of appeal or contest is sent to the Board, must be filed with the Board. An
				application for a subpoena may be made ex parte. The subpoena must show on its
				face the name and address of the party at whose request the subpoena was
				issued.
2. If the person served
				with a subpoena does not intend to comply with the subpoena, the person shall,
				within 5 days after the date of service, move in writing to revoke or modify
				the subpoena. All motions to revoke or modify a subpoena must be served on the
				party at whose request the subpoena was issued.
3. The Chair of the Board may revoke or
				modify the subpoena if:
(a) The evidence whose
				production is required does not relate to any matter under investigation or in
				question in the proceedings;
(b)
				The subpoena does not describe with sufficient particularity the evidence whose
				production is required; or
(c) For
				any other reason sufficient in law, the subpoena is otherwise invalid.
The Chair shall state his or her reasons for the ruling on the motion to
				revoke or modify. The motion to revoke or modify, any answer filed to the
				motion, and any ruling on the motion are a part of the record.
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.794 - Failure to comply with order for discovery

Current through June 11, 2024
If any party or intervener fails to
				comply with an order of the Board to permit discovery in accordance with the
				provisions of NAC 618.650 to 618.848, inclusive, the Board may issue
				appropriate orders.
Dep't of Occupational Safety &
				Health, Rule No. 54, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.797 - Depositions; interrogatories

Current through June 11, 2024
1. Except by
				special order of the Board, discovery depositions of parties, interveners or
				witnesses are not allowed.
2. If
				the Board grants an application for discovery proceedings, the order granting
				the proceedings must give appropriate time limits governing the
				discovery.
Dep't of Occupational Safety &
				Health, Rule No. 53, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.800 - Requests for admissions

Current through June 11, 2024
1. At any time
				after the filing of a responsive pleading, any party may request of any other
				party admissions of facts to be made under oath. Each admission requested must
				be listed separately. The matter shall be deemed admitted unless, within 15
				days after service of the request, or within such shorter or longer time as the
				Board may prescribe, the party to whom the request is directed serves upon the
				party requesting the admission a specific written response.
2. Copies of all requests and responses must
				be served on all parties in accordance with the provisions of NAC 618.707,
				618.710 and 618.713 and filed with the Board within the time allotted. Such
				requests are a part of the record.
Dep't of Occupational Safety &
				Health, Rule No. 52, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.803 - Rules of evidence

Current through June 11, 2024
Hearings before the Board must be in accordance
				with the Nevada Administrative Procedure Act, chapter 233B of NRS, and, if
				practicable, must be governed by the rules of evidence applicable in the
				district courts of this State.
Dep't of Occupational Safety &
				Health, Rule No. 72, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.806 - Exhibits

Current through June 11, 2024
1. All exhibits offered in evidence must be
				numbered and marked with a designation identifying the party or intervener by
				whom the exhibit is offered.
2. In
				the absence of objection by another party or intervener, exhibits must be
				admitted into evidence as a part of the record, unless excluded by the Board
				pursuant to NAC 618.803.
3. Unless
				the Chair of the Board finds it impractical, a copy of each exhibit must be
				given to the other parties and interveners.
4. All exhibits offered, but denied admission
				into evidence, must be identified and placed in a separate file designated for
				rejected exhibits.
Dep't of Occupational Safety &
				Health, Rule No. 71, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.809 - Examination of witnesses; affidavits

Current through June 11, 2024
1. Witnesses may be
				examined orally under oath. Opposing parties have the right to cross-examine
				any witness whose testimony is introduced by an adverse party.
2. An affidavit may be admitted as evidence
				in lieu of oral testimony if the matters contained therein are otherwise
				admissible and the parties agree to its admission.
Dep't of Occupational Safety &
				Health, Rule Nos. 68 & 69, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.812 - Inspection and reproduction of documents

Current through June 11, 2024
1. Subject to the
				provisions of the law restricting public disclosure of information, any person
				may, at the offices of the Enforcement Section, inspect and copy any document
				filed in any proceeding.
2. The
				costs of the copies must be paid by the person inspecting the
				documents.
Dep't of Occupational Safety &
				Health, Rule No. 105, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.815 - Objections

Current through June 11, 2024
1. Any objection with respect to the conduct
				of the hearing, including any objection to the introduction of evidence or a
				ruling by the Chair of the Board, may be stated orally or in writing,
				accompanied by a short statement of the grounds for the objection, and is
				included in the record. No objection is waived by further participation in the
				hearing.
2. Whenever evidence is
				excluded from the record, the party offering the evidence may make an offer of
				proof, which must be included in the record of the proceeding.
Dep't of Occupational Safety &
				Health, Rule No. 74, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.821 - Oral arguments

Current through June 11, 2024
Oral arguments on motions or other preliminary
				matters before the Board will not be allowed unless the Board advises all
				parties to the proceeding of the date, hour, place, time allotted and scope of
				the argument at least 10 days before the date set for the argument.
Dep't of Occupational Safety &
				Health, Rule No. 92, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.824 - Severance

Current through June 11, 2024
Upon its
				own motion, or upon a motion of any party or intervener, the Board may, for
				good cause, order any proceeding severed with respect to some or all issues or
				parties.
Dep't of Occupational Safety &
				Health, Rule No. 10, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.827 - Consolidation

Current through June 11, 2024
Cases may
				be consolidated on the motion of any party or on the Board's own motion if
				there exist common parties, common questions of law or fact, or both, or in any
				other circumstances as justice and the administration of the act
				require.
Dep't of Occupational Safety &
				Health, Rule No. 9, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.830 - Time for filing briefs or proposed findings of fact or conclusions of law

Current through June 11, 2024
The Chair of the Board may fix a reasonable
				period for the filing of any briefs ordered by the Board or proposed findings
				of fact and conclusions of law.
Dep't of Occupational Safety &
				Health, Rule No. 75, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.833 - Settlement

Current through June 11, 2024
1. A settlement will be approved by the Board
				at any stage of the proceedings if the settlement is consistent with the
				provisions and objectives of chapter 618 of NRS.
2. An agreement for a settlement submitted by
				the parties must be accompanied by an appropriate proposed order.
3. If parties agree to a settlement, a copy
				of the agreement must be served upon all affected employees who have given
				notice. Proof of service must accompany the proposed settlement when submitted
				to the Board.
Dep't of Occupational Safety &
				Health, Rule No. 100, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.836 - Decision of Board

Current through June 11, 2024
1. The decision of
				the Board will include findings of fact, conclusions of law and an
				order.
2. All motions, petitions
				and other pleadings filed after the issuance of the decision must be addressed
				to the Board.
Dep't of Occupational Safety &
				Health, Rule No. 90, eff. 11-9-73-NAC A by Occupational Safety & Health
				Review Bd., 2-19-87
NRS
				618.295,
				618.585
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.839 - Stay of final order

Current through June 11, 2024
1. Any party
				aggrieved by a final order of the Board may, while the matter is within the
				jurisdiction of the Board, file a motion for a stay.
2. The motion must list the reasons for which
				a stay is sought and the length of the stay requested.
3. The Board may order a stay for the period
				requested or for a longer or shorter period as appropriate.
Dep't of Occupational Safety &
				Health, Rule No. 91, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.842 - Transcript

Current through June 11, 2024
Hearings
				must be transcribed verbatim. A copy of the transcript of testimony taken at
				the hearing, fully certified by the reporter, must be filed with the Board
				before whom the matter was heard. The Board will promptly serve notice upon
				each of the parties and interveners of the filing of the transcript.
Dep't of Occupational Safety &
				Health, Rule No. 65, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.845 - Reporter's fees

Current through June 11, 2024
Except as otherwise provided in NAC 618.848,
				reporter's fees must be paid by the Enforcement Section.
Dep't of Occupational Safety &
				Health, Rule No. 64, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › PRACTICE BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW BOARD › Hearings › Section 618.848 - Witness fees; fees to persons taking depositions

Current through June 11, 2024
1.
				Witnesses summoned before the Board are entitled to be paid the same fees and
				mileage that are paid to witnesses in the courts of the State of
				Nevada.
2. Witnesses whose
				depositions are taken and the persons taking the depositions are entitled to
				the same fees as are paid for similar services in the courts of the State of
				Nevada.
3. Witness fees and mileage
				must be paid by the party at whose instance the witness appears. The party at
				whose instance the deposition is taken shall pay the person taking the
				deposition.
Dep't of Occupational Safety &
				Health, Rule No. 63, eff. 11-9-73
NRS
				618.295
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.850 - Definitions

Current through June 11, 2024
As used
				in NAC to 618.986, inclusive, unless the context otherwise requires, the words
				and terms defined in NAC 618.851 to 618.904, inclusive, have the meanings
				ascribed to them in those sections.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.851 - "Abatement" defined

Current through June 11, 2024
"Abatement" means any act which is intended to
				reduce, eliminate or encapsulate asbestos or materials containing
				asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.852 - "Abatement worker" defined

Current through June 11, 2024
"Abatement worker" means any person who is
				licensed by the Enforcement Section in a nonsupervisory capacity, to clean,
				handle, repair, remove, encapsulate, enclose, haul, dispose of or otherwise
				work with materials containing asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.853 - "Accredited" defined

Current through June 11, 2024
"Accredited" means the formal approval of a
				person's credentials given by the Enforcement Section, or an authority approved
				by the Enforcement Section, based on the person's training, experience and
				education.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.854 - "Activity for the abatement of asbestos" defined

Current through June 11, 2024
"Activity for the abatement of
				asbestos" means any process related to the job set-up, removal, encapsulation,
				enclosure, renovation, repair, demolition, construction, alteration or
				maintenance of material containing asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.856 - "Aggressive sampling" defined

Current through June 11, 2024
"Aggressive sampling" means a method of
				sampling in which the act of collecting the samples creates the motion of
				matter during the sampling process, stirs up settled dust or stimulates the
				movement of materials in an area of a structure.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.857 - "AHERA" defined

Current through June 11, 2024
"AHERA" means the Asbestos Hazard Emergency
				Response Act of 1986, Pub. L. 99-519, 100 Stat. 2970, Title 15, Oct. 22, 1986,
				and the regulations adopted pursuant thereto.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.860 - "Asbestos" defined

Current through June 11, 2024
"Asbestos" has the meaning ascribed to it in
				NRS 618.750.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.861 - "Asbestos fiber" defined

Current through June 11, 2024
"Asbestos fiber" means a particulate form of
				asbestos which is 5 micrometers or longer with a length-to-width ratio of at
				least 3 to 1.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.862 - "Building" defined

Current through June 11, 2024
"Building" means a roofed or walled structure
				built for permanent use, including any associated external or internal
				mechanical system.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.863 - "Containment area" defined

Current through June 11, 2024
"Containment area" means a negative pressure
				enclosure containing a project for the abatement of asbestos, emergency
				asbestos project or decontamination enclosure system which is configured so as
				to isolate those activities from areas which are to remain
				uncontaminated.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.864 - "Contractor" defined

Current through June 11, 2024
"Contractor" means a contractor, as that term
				is defined in
				NRS
				624.020, who is involved in a project for the
				abatement of asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.866 - "Demolition" defined

Current through June 11, 2024
"Demolition" means the wrecking or taking out
				of any structural member and any related razing, removing or stripping of
				asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.869 - "Emergency asbestos project" defined

Current through June 11, 2024
"Emergency asbestos project" means any activity
				for the abatement of asbestos requiring immediate action for safety or the
				protection of the public health, which is not planned but results from a
				sudden, unexpected event. The term includes projects required because of
				nonroutine failures of equipment.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.870 - "Employee" defined

Current through June 11, 2024
"Employee" means an employee, as that term is
				defined in
				NRS
				618.085, who is required, directed, allowed
				or permitted by his or her employer to engage in any employment at any place
				where an activity for the abatement of asbestos is being performed.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.874 - "EPA" defined

Current through June 11, 2024
"EPA" means the Environmental Protection
				Agency.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.875 - "Friable material containing asbestos" defined

Current through June 11, 2024
"Friable material containing
				asbestos" means a substance containing asbestos which can be crumbled,
				pulverized or reduced to powder by hand pressure.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.879 - "Inspector" defined

Current through June 11, 2024
"Inspector" means a licensed consultant who is
				specially accredited to:
1. Determine
				the presence, condition and location of building material that is material
				presumed to contain asbestos; and
2. Collect samples of building material to
				determine the amount of asbestos in the material.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.881 - "License" defined

Current through June 11, 2024
"License" means an authorization issued by the
				Enforcement Section to engage in a project for the control of asbestos in a
				specific occupation.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.882 - "Licensed consultant" defined

Current through June 11, 2024
"Licensed consultant" means any person who is
				licensed by the Enforcement Section to be directly involved with providing
				consultant services regarding the control of asbestos and who is accredited
				as:
1. An inspector;
2. A management planner;
3. A monitor;
4. A project designer; or
5. Any combination thereof.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.883 - "Licensee" defined

Current through June 11, 2024
"Licensee" means any person who is licensed by
				the Enforcement Section pursuant to NAC 618.850 to 618.986, inclusive.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.884 - "Lock down" defined

Current through June 11, 2024
"Lock down" means the process of spraying the
				work area with an encapsulant or other material as a measure to prevent any
				remaining materials containing asbestos from becoming airborne after the
				abatement of asbestos is completed.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.885 - "Maintenance" defined

Current through June 11, 2024
"Maintenance" means any act intended to
				preserve or sustain the integrity of a structure, material or apparatus.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.886 - "Management planner" defined

Current through June 11, 2024
"Management planner" means a licensed
				consultant who is specially accredited to assess the hazards of material
				containing asbestos in order to determine the appropriate response actions and
				to write management plans.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.887 - "Material containing asbestos" defined

Current through June 11, 2024
"Material containing asbestos" means any
				material which is determined to contain more than 1 percent asbestos. The term
				includes "asbestos-containing material" and "ACM," as those terms are defined
				in Part 763 of Title 40 of the Code of Federal Regulations.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.8875 - "Material presumed to contain asbestos" defined

Current through June 11, 2024
"Material presumed to contain
				asbestos" means thermal system insulation, surfacing material or flooring
				material found in a building or structure which may contain asbestos.
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.888 - "Monitor" defined

Current through June 11, 2024
"Monitor" means any licensed consultant who is
				specially accredited to oversee projects for the abatement of asbestos and
				monitor the quality of air and who authorizes the final clearance for projects
				for the abatement of asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.889 - "Nonfriable material containing asbestos" defined

Current through June 11, 2024
"Nonfriable material containing
				asbestos" means a substance containing asbestos which cannot be crumbled,
				pulverized or reduced to powder by hand pressure.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.890 - "Occupant" defined

Current through June 11, 2024
"Occupant" means any person who is physically
				located under or within a structure or building. The term does not include a
				person who is involved in an activity for the abatement of asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.8905 - "Owner of a building or structure" defined

Current through June 11, 2024
"Owner of a building or structure" means a
				person, including a lessee, who exercises control over a building or
				structure.
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.891 - "Plan for the abatement of asbestos" defined

Current through June 11, 2024
"Plan for the abatement of asbestos" means
				the written specifications for a project for the abatement of asbestos which
				are set forth in
				29
				C.F.R. §
										1910.1001 and
				29
				C.F.R. §
										1926.1101 and a drawing that
				indicates the location of that project.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.892 - "Project designer" defined

Current through June 11, 2024
"Project designer" means any licensed
				consultant who is specially accredited to formulate plans and write
				specifications for conducting projects for the abatement of asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.893 - "Project for spot repairs" defined

Current through June 11, 2024
"Project for spot repairs" means any activity
				for the abatement of asbestos which encompasses not more than 25 linear feet of
				material containing asbestos located on pipes or ducts or not more than 10
				square feet of any other material containing asbestos. The term does not
				include large projects which are divided into smaller segments.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.894 - "Project for the abatement of asbestos" defined

Current through June 11, 2024
"Project for the abatement of
				asbestos" means any activity for the abatement of asbestos involving more than
				25 linear feet of material containing asbestos located on pipes or ducts or
				more than 10 square feet of any other material containing asbestos. The term
				includes activities for the abatement of asbestos, but does not include
				projects for spot repairs if the number of procedures can be predicted within 1
				year and the material containing asbestos to be disturbed exceeds these
				limits.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90; A by Div. of Industrial Relations by R142-98,
				2-28-2000; R109-00, 9-6-2001
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.895 - "Removal" defined

Current through June 11, 2024
"Removal" means the stripping of any material
				containing asbestos from surfaces or components of a structure.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.896 - "Renovation" defined

Current through June 11, 2024
"Renovation" means altering in any way one or
				more components of a structure.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.897 - "Repair" defined

Current through June 11, 2024
"Repair" means the restoration of material
				containing asbestos that has been damaged, to seal exposed areas where asbestos
				fibers may be released. The term includes the repair of enclosures around
				materials containing asbestos.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.898 - "Structural member" defined

Current through June 11, 2024
"Structural member" means any part of a
				structure which supports a load, including beams, walls which support loads and
				walls which do not support loads.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.899 - "Structure" defined

Current through June 11, 2024
"Structure" means any man-made object composed
				of a number of parts that are interdependent and form a definite pattern of
				organization, including any internal or external mechanical systems.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.900 - "Supervisor" defined

Current through June 11, 2024
"Supervisor" means any abatement worker who is
				licensed by the Enforcement Section to be a contractor's competent
				person.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.9005 - "Surfacing material" defined

Current through June 11, 2024
"Surfacing material" means material that is
				sprayed or troweled on or otherwise applied to a surface.
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.9015 - "Thermal system insulation" defined

Current through June 11, 2024
"Thermal system insulation" means material
				applied to pipes, fittings, boilers, breeching, tanks, ducts or structural
				components to prevent the loss or gain of heat.
Added to NAC by Div. of Industrial
				Relations by R142-98, eff. 2-28-2000
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.902 - "Training course approved by the EPA" defined

Current through June 11, 2024
"Training course approved by the
				EPA" means a training course approved by the EPA pursuant to the Model
				Contractor Accreditation Plan for States contained in Appendix C of Subpart E
				of Part 763 of Title 40 of the Code of Federal Regulations, as it existed on
				January 1, 1989.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.903 - "Training day" defined

Current through June 11, 2024
"Training day" means a day of training equal to
				8 hours, including breaks and lunch.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760
Nevada Administrative Code › Chapter 618 - Occupational Safety and Health › ABATEMENT OF ASBESTOS › General Provisions › Section 618.904 - "TSCA" defined

Current through June 11, 2024
"TSCA" means the Toxic Substances Control Act,
				15 U.S.C. §
										2643.
Added to NAC by Dep't of Industrial
				Relations, 12-19-89, eff. 1-1-90
NRS
				618.295,
				618.760