reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.190 - Failure to appear at hearing; rehearings

Current through June 11, 2024
1. If a party fails to appear at a public hearing scheduled by the Commission and no continuance has been granted, the Commission may proceed to consider the matter and dispose of it on the basis of the evidence before it.
2. Where, because of accident, illness or an unforeseen event that requires immediate attention, a party fails to appear at a public hearing scheduled by the Commission, he may, within 10 days after the scheduled hearing, apply to the Commission, hearing commissioner or officer to reopen the proceedings. Upon a finding of sufficient cause, the Commission may fix a time and place for a rehearing and give reasonable notice to all parties. At the rehearing, a party may testify and present evidence that is relevant and material to the issues. The Commission will deem testimony and other evidence introduced previously at the public hearing as part of the record and will consider this testimony and evidence in its final determination of the case.
[Equal Rights Comm'n, Rule 5.15, eff. 10-15-81]-(NAC A 6-22-94)
NRS NRS 233.150, 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.200 - Determination of person who conducts hearing

Current through June 11, 2024
After receiving all the evidence, the person who conducts the hearing shall make a determination whether or not the respondent has engaged in any unlawful discriminatory practice. The Commission will serve a copy of the determination upon the complainant and respondent within 10 days after the determination is made.
[Equal Rights Comm'n, Rule 5.16, eff. 10-15-81]-(NAC A 6-22-94)
NRS NRS 233.150, 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.210 - Decision of Commission

Current through June 11, 2024
1. If a case is heard by a hearing commissioner or officer, the Commission will affirm, modify or reverse the determination of the hearing commissioner or officer and will notify the parties of its decision within 30 days after its review.
2. The final decision will be made by a majority of the quorum of the members of the Commission present.
3. If any commissioner has served as a hearing commissioner in a case, he is precluded from sitting on the review of the case.
[Equal Rights Comm'n, Rules 5.17 & 5.18, eff. 10-15-81]-(NAC A 6-22-94)
NRS NRS 233.150, 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.215 - Record and transcripts of hearings

Current through June 11, 2024
The Commission will cause a record to be made of all formal hearings. If a party to a hearing wants a copy of the transcript of a hearing, the party may obtain it from the Commission upon payment of the proper fee.
Added to NAC by Equal Rights Comm'n by R067-06, eff. 11-16-2006
NRS NRS 233.150
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.220 - Closure of case; reopening of closed case

Current through June 11, 2024
1. A case may be closed if:
(a) The Commission determines that the complainant is uncooperative in the settlement, investigation or determination of his case. For purposes of this paragraph, a complainant will be deemed uncooperative if:
(1) The Commission cannot locate or communicate with the complainant at the mailing address provided in the complaint;
(2) The complainant verbally or physically abuses or threatens a member of the Commission;
(3) The complainant consistently misses appointments, meetings or hearings scheduled by the Commission; or
(4) The complainant exhibits any other behavior that the Commission deems to hinder the resolution or determination of his case.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.250 - Petition for advisory opinion: Filing and contents; action by Commission

Current through June 11, 2024
1. Except as otherwise provided in subsection 3, a person may petition the Commission for an advisory opinion concerning the applicability of a statute, regulation or decision of the Commission.
2. A petition for an advisory opinion must be in writing and set forth:
(a) The name and address of the petitioner;
(b) A clear and concise statement of the specific question that the petitioner wants the Commission to answer; and
(c) A statement of the facts that relate to the question described in paragraph (b).
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.260 - Petition for declaratory order: Filing and contents; action by Commission

Current through June 11, 2024
1. Except as otherwise provided in subsection 3, a person may petition the Commission for a declaratory order concerning the applicability of a statute, regulation or decision of the Commission.
2. A petition for a declaratory order must include:
(a) The name and address of the petitioner;
(b) The reason for requesting the declaratory order;
(c) A clear and concise statement of the specific issue that the petitioner wants the Commission to decide; and
(d) A statement of the facts that relate to the issue described in paragraph (c).
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.270 - Petition for adoption, filing, amendment or repeal of regulation: Filing and contents; action by Commission

Current through June 11, 2024
1. Pursuant to NRS NRS 233B.100, any interested person may petition the Commission for the adoption, filing, amendment or repeal of any regulation.
2. A petition for the adoption, filing, amendment or repeal of a regulation must include:
(a) The name and address of the petitioner;
(b) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation;
(c) The proposed language of the regulation to be adopted, filed, amended or repealed;
(d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and
(e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.010 - Definitions

Current through June 11, 2024
As used in NAC 233A.020 to 233A.090, inclusive, unless the context otherwise requires:
1. "Chairman" means the Chairman of the Commission.
2. "Commission" means the Nevada Indian Commission.
3. "Commissioner" means a commissioner of the Commission.
4. "Executive Director" means the Executive Director of the Commission.
Nev. Indian Comm'n, § 233A.010, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.020 - Special meetings of the Commission: Notice

Current through June 11, 2024
The Executive Director shall give written notice of each special meeting by mail to each commissioner. The notice must state the time, place, purpose and subject of the special meeting.
Nev. Indian Comm'n, § 233A.020, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.030 - Agenda of meetings; voting by proxy prohibited

Current through June 11, 2024
1. The Executive Director shall provide a written agenda to the Chairman and each commissioner before each meeting of the Commission. The Executive Director shall mail the agendas to the Chairman and commissioners in sufficient time to permit each of them to review it before the meeting.
2. No commissioner may vote by proxy or designate an alternate to appear at a meeting of the Commission to act in his stead.
Nev. Indian Comm'n, § 233A.030, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.040 - Minutes of meetings

Current through June 11, 2024
The Executive Director shall prepare minutes of each meeting of the Commission. The minutes must be sent to the commissioners when prepared, and the original preserved as a permanent record. Minutes must be distributed to the commissioners and to persons requesting them.
Nev. Indian Comm'n, § 233A.040, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.050 - Activities of the Commission

Current through June 11, 2024
1. Whenever the Commission requires assistance, service or advice from any local, state or federal agency, the Executive Director, the Chairman or an authorized commissioner shall request the aid.
2. No individual commissioner may express views of the Commission unless he has been previously authorized to do so by the Commission.
3. Commissioners may use the stationery of the Commission only in the furtherance of the affairs of the Commission, and not for personal reasons.
4. The Executive Director shall conduct all correspondence for the Commission and respond to all requests for information addressed to the Commission.
Nev. Indian Comm'n, §
									NRS 233A.050, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.060 - Voting by mail

Current through June 11, 2024
The Executive Director may obtain the votes of the commissioners on any action of the Commission which is not required to be taken at a public meeting by sending to each commissioner a ballot by United States mail. An action of the Commission taken by mailed ballot will be considered to have been taken on the day on which the Executive Director receives the third affirmative or third negative ballot on the question.
Nev. Indian Comm'n, § 233A.060, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.070 - Officers; election; vacancies

Current through June 11, 2024
The Commission will elect its Chairman and Vice Chairman during the first meeting of each even-numbered calendar year. If a vacancy occurs among the elected officers, the Chairman or a quorum of the commissioners shall call a special meeting for the purpose of electing an officer to fill the vacancy.
Nev. Indian Comm'n, §, eff. 12-20-79-NAC A by R005-02, 12-16-2003
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.080 - Travel of members of Commission

Current through June 11, 2024
1. No money of the Commission may be spent for travel outside the State unless the travel has been approved by the Commission, except as provided in subsection 2.
2. If the Executive Director is unable to communicate with a quorum of the commissioners, the Chairman may approve the expenditure of money for travel outside the State.
Nev. Indian Comm'n, § 233A.080, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › NEVADA INDIAN COMMISSION › Section 233A.090 - Communications regarding Indians on reservations

Current through June 11, 2024
The Commission will communicate with the tribal government having jurisdiction on any matter involving an Indian who lives on a reservation.
Nev. Indian Comm'n, § 233A.090, eff. 12-20-79
NRS 233A.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.100 - "Property" defined

Current through June 11, 2024
As used in NAC to 233A.170, inclusive, "property" means surplus equipment and property of the Department of Transportation which has been made available for distribution to Indian tribes, or which has been distributed.
Nev. Indian Comm'n, § 333.900, eff. 12-20-79-Substituted in revision for NAC 333.900
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.110 - Requests for distribution of property

Current through June 11, 2024
1. An Indian tribe may obtain property pursuant to NRS 333.466 by submitting a request to the Commission in writing or orally.
2. A written request for property must contain:
(a) The date of the request;
(b) A description of the property required;
(c) An explanation of the need for the property; and
(d) The signature of the chairman of the tribe.
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.120 - Priority of requests for surplus property

Current through June 11, 2024
1. The Commission will stamp each written request with the date on which it was received, and note on each written request which is made after an oral request the date of the oral request.
2. An amendment to a request for property will be dated with the date of receipt of the amendment.
3. Property will be awarded to tribes in the order in which the requests for the property were received and dated by the Commission, subject to the criteria set forth in NAC 233A.130.
Nev. Indian Comm'n, § 333.920, eff. 12-20-79-Substituted in revision for NAC 333.920
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.130 - Criteria for allocation of property

Current through June 11, 2024
The Executive Director shall, in making allocations of property, consider:
1. The order in which requests were received;
2. The need of the tribe for the property requested;
3. The projects on which the tribe will use the property;
4. The history of treatment by the tribe of surplus property and of other property belonging to the tribe;
5. The amount of equipment which has been previously allocated to the tribe; and
6. Any other factor which he considers to be important in fairly allocating the property among the tribes which have requested it.
Nev. Indian Comm'n, § 333.930, eff. 12-20-79-Substituted in revision for NAC 333.930
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.140 - Examination of surplus property

Current through June 11, 2024
1. An Indian tribe may examine all of the property of the type described in the request, and may select the property which it wishes to receive. Selection must be made in the same order of priority in which the property was allocated among the tribes.
2. A tribe which has elected to examine property must notify the Commission of its selection at least 2 days before the deadline set by the Commission for the allocations. A tribe which fails to give notice pursuant to this section will be allocated property from among that available regardless of its selection.
Nev. Indian Comm'n, § 333.940, eff. 12-20-79-Substituted in revision for NAC 333.940
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.150 - Disposition of allocated property

Current through June 11, 2024
All property allocated to a tribe through the Commission must be taken by the tribe to which it is allocated within the time specified by the Commission.
Nev. Indian Comm'n, § 333.950, eff. 12-20-79-Substituted in revision for NAC 333.950
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.160 - Tribes required to maintain insurance

Current through June 11, 2024
1. Each tribe which receives property shall maintain adequate insurance coverage for the property from the time the property is taken by the tribe until title to the property is transferred to the tribe. Each tribe shall provide certificates of that insurance to the Commission.
2. A tribe which fails or refuses to maintain adequate insurance coverage for property to which it does not have title may be required to return the property to the Commission at a place designated by the Commission.
Nev. Indian Comm'n, § 333.960, eff. 12-20-79-Substituted in revision for NAC 333.960
NRS 233B.050
Nevada Administrative Code › Chapter 233A - Indian Affairs › ALLOCATION OF SURPLUS PROPERTY › Section 233A.170 - Agreements; form

Current through June 11, 2024
1. The Commission will provide forms for agreements covering all property allocated to Indian tribes.
2. The form of agreement must be signed by the tribal chairman and returned to the Commission.
Nev. Indian Comm'n, § 333.970, eff. 12-20-79-Substituted in revision for NAC 333.970
NRS 233B.050
Nevada Administrative Code › Chapter 233B - Nevada Administrative Procedure Act › Section 233B.010 - Form of notice of adoption, amendment or repeal of regulation

Current through June 11, 2024
The following form must be used by agencies, except those agencies specifically exempted by NRS 233B.039, to adopt, amend or repeal a regulation pursuant to chapter 233B of NRS:
NOTICE OF INTENT TO ACT UPON A REGULATION
Notice of Hearing for the .....(Adoption) (Amendment)
(Repeal).... of Regulations of the
........(Name of Agency)........
The ........(Name of Agency)........ will hold a public hearing at .....(time)..... .....m., on the ............(day) of ..............(month) of .........(year), at ............(Address of Hearing Room)............
The purpose of the hearing is to receive comments from all interested persons regarding the ....(Adoption) (Amendment) (Repeal).... of regulations that pertain to chapter ........(Number of Chapter) ........ of the Nevada Administrative Code.
The following information is provided pursuant to the requirements of NRS 233B.0603:
(In this space, state:
1. The need for and the purpose of the proposed regulation or amendment.
2. If the proposed regulation is a temporary regulation, the terms or the substance of the proposed regulation to be adopted, amended or repealed, or a description of the subjects and issues involved.
3. If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation.
4. The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:
(a) Both adverse and beneficial effects; and
(b) Both immediate and long-term effects.
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires:
1. "Administrator" means the Administrator of the Division.
2. "Board" means the Board of the Division created pursuant to NRS 233C.030.
3. "Division" means the Nevada Arts Council.
4. "Grantee" means an organization or a natural person receiving money from the Division.
Council on Arts Reg. A §§ 1-4, eff. 7-26-77-NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004
NRS 233C.090
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.015 - Scheduled meetings of Board: Mailing of agenda to members; consideration of material submitted after mailing of agenda

Current through June 11, 2024
1. The Administrator shall mail a copy of the agenda and any supporting documents to each member of the Board at least 10 days before a scheduled meeting of the Board.
2. The Board may wait until the next meeting of the Board to consider any material that is submitted to the Administrator after the Administrator has mailed a copy of the agenda for a scheduled meeting to the members of the Board.
Added to NAC by Bd. of Nev. Arts Council by R175-03, eff. 8-25-2004
NRS 233C.090
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.020 - Grants: Eligibility

Current through June 11, 2024
1. Art and cultural programs and projects directly related to Nevada or that serve the residents of Nevada are eligible for grants from the Division.
2. An organization applying for a grant from the Division must be a nonprofit organization incorporated in Nevada and have a tax-exempt status. This requirement does not preclude another tax-exempt organization from acting as the fiscal agent for the applicant.
3. A natural person may apply for a grant if, at the time he submits the application, he is:
(a) A resident of Nevada;
(b) At least 21 years of age; and
(c) Not seeking an academic degree in a field of study that is related to the type of grant for which he is applying.
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.030 - Grants: Use, amendment and availability of guidelines; return of application received after deadline for filing

Current through June 11, 2024
1. The Board will approve grants in accordance with the grant guidelines approved by the Board.
2. The Division shall make any proposed substantive change to the grant guidelines available for public review and comment at least 2 weeks before the approval of the changes by the Board.
3. An application for a grant must be completed in accordance with the grant guidelines approved by the Board for the type of grant for which the applicant is applying. The grant guidelines will be available not less than 3 months before the announced deadline for filing the application.
4. If an application is received by the Division after the announced deadline for filing, the application will not be considered and will be returned to the applicant.
5. A copy of the grant guidelines approved by the Board may be obtained from the Nevada Arts Council, 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost, or on the Internet at
http://www.culturegrants-nv.org/
.
Council on Arts Reg. C §§ 1-10, eff. 7-26-77-NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004
NRS 233C.090
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.040 - Grants: Examination, review and approval of application

Current through June 11, 2024
1. The Division will examine each application for completeness, accuracy and compliance with the grant guidelines applicable to the type of grant for which the applicant is applying.
2. A panel selected by the Division will review the application and make a recommendation to the Board in accordance with the grant guidelines and the panel review process approved by the Board for the type of grant for which the applicant is applying.
3. The panel shall base the review solely on the application materials submitted by the applicant, including the application form, narrative, budget and any supplemental material that conforms to the grant guidelines applicable to the type of grant for which the applicant is applying.
4. An applicant is not required to attend the meeting of a panel to review the application of the applicant, and an absence from the meeting will not prejudice the review of the application by the panel.
5. The Division shall make any proposed substantive change to a panel review process available for public review and comment at least 4 weeks before the Board acts to approve the change. A copy of the proposed substantive change may be obtained from the Nevada Arts Council, 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost, or on the Internet at
http://www.culturegrants-nv.org/
.
6. The Board will review the recommendation of the panel and the review process used by the panel, and the Board will vote to determine whether to approve the grant and the amount of any grant so approved.
Council on Arts Reg. D § 1, eff. 7-26-77-NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004
NRS 233C.090
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.100 - Grants: Requirements for management; final report; change in program or project; termination or reduction; records

Current through June 11, 2024
1. A grantee must comply with all requirements set out in the grants management packet provided by the Division.
2. The Division will make any proposed substantive change to the grants management packet available for public review and comment at least 2 weeks before the Board acts to approve the change. A copy of the grants management packet may be obtained from the Nevada Arts Council, 716 North Carson Street, Suite A, Carson City, Nevada 89701, at no cost, or on the Internet at
http://www.culturegrants-nv.org/
.
3. A grantee must file a final report form with the Division in accordance with the grant guidelines and the grants management packet. If a grantee fails to file a final report form, the Division will notify the grantee in writing that the grant application does not comply with the grant guidelines and the grants management packet. The Division will not accept a new grant application from an applicant that does not comply with the grant guidelines and the grants management packet.
4. A grantee shall notify the Division of any proposed change to a program or project that was outlined in the application of the grantee. The Division must give approval for the proposed change before the grantee may make the proposed change.
5. A grantee shall notify the Division of any change in the essential personnel involved in a program or project.
6. A grant may be terminated or reduced by the Division 15 days after the Division gives notification to the grantee that the grant application does not comply with the grant guidelines and the grants management packet, that there have been changes to the budget of the Division or as directed by the Office of the Governor. The termination or reduction does not affect any commitment which, in the judgment of the Division, has become firm before the effective date of the termination.
7. The records of a project or program, including, without limitation, a copy of the original application, financial records, supporting documents and any other record related to the grant, must be retained by a grantee and made available for review by the Division for at least 3 years after the completion of the project.
Council on Arts Reg. F §§ 1, 5-7 & 11-14, eff. 7-26-77-NAC A by Bd. of Nev. Arts Council by R175-03, 8-25-2004
NRS 233C.090
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.110 - Grants: Grounds for refusal or withdrawal of funding

Current through June 11, 2024
Upon a violation or willful avoidance of any provision contained in this chapter, the Council may refuse to approve a grant or may withdraw financial support, in whole or in part, after consultation with the applicant or subgrantee.
Council on Arts Reg. G § 1, eff. 7-26-77
NRS 233C.097
Nevada Administrative Code › Chapter 233C - Nevada Arts Council › Section 233C.120 - Severability

Current through June 11, 2024
If any provision of the regulations contained in this chapter, or its application to any person or circumstance is held invalid, the invalidity does not affect any other provision contained in this chapter or its application which can be given effect without the invalid provision or application, and to this end the provisions contained in this chapter are hereby declared to be severable.
Council on Arts Reg. G § 2, eff. 7-26-77
NRS 233C.097
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.011 - Definitions

Current through June 11, 2024
As used in NAC 239.011 to 239.165, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.019 to 239.106, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by St. Librarian, eff. 10-26-83; A 1-24-92; 3-30-94; 7-9-96; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.031 - "Duplicate" defined

Current through June 11, 2024
"Duplicate" means any accurate and unabridged copy of a record or series of records which is not an original.
Added to NAC by St. Librarian, eff. 10-26-83
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.035 - "Electronic record" defined

Current through June 11, 2024
"Electronic record" means a representation of a record of a local governmental entity in electronic format containing information, knowledge, facts, concepts or instructions which is being prepared or has been formally prepared and is intended to be processed, is being processed or has been processed in a system or network.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.041 - "Legal custody" defined

Current through June 11, 2024
"Legal custody" means all rights and responsibilities of access to and maintenance of a record which are vested in an office or department of a local governmental entity and with the official or head of the department charged with the care, custody and control of that record.
Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.045 - "Local governmental entity" defined

Current through June 11, 2024
"Local governmental entity" has the meaning ascribed to it in NRS NRS 239.121.
Added to NAC by Library & Archives Admin'r by R118-12, eff. 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.051 - "Nonrecord materials" defined

Current through June 11, 2024
"Nonrecord materials" means published materials printed by a governmental printer, worksheets, unused blank forms except ballots, brochures, newsletters, magazines, catalogs, price lists, drafts, convenience copies, ad hoc reports, reference materials not relating to a specific project and any other documentation that does not serve as the record of an official action of a local governmental entity.
Added to NAC by St. Librarian, eff. 10-26-83; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.061 - "Office or department" defined

Current through June 11, 2024
"Office or department" means an office, department, board, commission, committee, agency or any other subdivision of a local governmental entity where records are made, received or kept.
Added to NAC by St. Librarian, eff. 10-26-83
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.091 - "Public record" defined

Current through June 11, 2024
"Public record" means a record of a local governmental entity that is created, received or kept in the performance of a duty and paid for with public money.
Added to NAC by St. Librarian, eff. 10-26-83; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.101 - "Record of a local governmental entity" and "record" defined

Current through June 11, 2024
"Record of a local governmental entity" or "record" means information that is created or received pursuant to a law or ordinance, or in connection with the transaction of the official business of any office or department of a local governmental entity, including, without limitation, all documents, papers, letters, bound ledger volumes, maps, charts, blueprints, drawings, photographs, films, newspapers received pursuant to NRS NRS 247.070, recorded media, financial statements, statistical tabulations and other documentary materials or information, regardless of physical form or characteristic.
Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.103 - "Record series" defined

Current through June 11, 2024
"Record series" means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity.
Added to NAC by Library & Archives Admin'r by R118-12, eff. 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.106 - "Records management" defined

Current through June 11, 2024
"Records management" means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate disposition of the record.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006; A by R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.121 - "Series of records" defined

Current through June 11, 2024
"Series of records" means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity.
Added to NAC by St. Librarian, eff. 10-26-83
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.131 - Destruction of nonrecord materials

Current through June 11, 2024
Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by an official or the head of a department without being scheduled for destruction by the State Library, Archives and Public Records Administrator.
Added to NAC by St. Librarian, eff. 10-26-83; A 7-9-96; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.145 - Records management program: Documentation and standards required

Current through June 11, 2024
If a local governmental entity establishes a records management program pursuant to NRS 239.125, the program must:
1. Document its organization, functions, policies, decisions, procedures and essential transactions; and
2. Include the standards established in the
Local Government Records Management Program Manual
published by the State Library and Archives Administrator pursuant to NAC 239.161.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.155 - Disposal of record restricted; procedures for proposal and adoption of schedules for retention of records

Current through June 11, 2024
1. A local governmental entity shall not dispose of any record except in accordance with:
(a) A schedule for the retention of the record approved by the State Library, Archives and Public Records Administrator; or
(b) The schedule for the retention of the record set forth in the
Local Government Records Management Program Manual
published by the State Library, Archives and Public Records Administrator pursuant to NAC 239.161.
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.161 - Dissemination of schedules for retention of records; minimum period for retention of original record

Current through June 11, 2024
1. The State Library, Archives and Public Records Administrator will:
(a) Publish the schedules for the retention of records established pursuant to NRS NRS NRS 239.125 in the
Local Government Records Management Program Manual
; and
(b) Provide a current copy of the
Manual
to each local governmental entity.
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF LOCAL GOVERNMENTAL ENTITIES › Section 239.165 - Destruction of confidential records

Current through June 11, 2024
To protect the confidentiality of the records of a local governmental entity that are declared by law to be confidential, such records must be destroyed in accordance with the applicable schedule for the retention of the record and:
1. In the manner required by the laws, regulations, established standards, policies and procedures of the State or Federal Government; or
2. If no laws, regulations, established standards, policies or procedures are applicable, in a manner that ensures the information contained in the record cannot be retrieved or reconstructed.
Added to NAC by St. Librarian, eff. 3-30-94; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 239.125, 378.255
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.570 - Definitions

Current through June 11, 2024
As used in NAC 239.570 to 239.750, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.575 to 239.692, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by St. Librarian, eff. 12-4-91; A 1-24-92; 3-30-94; 1-31-96; 3-12-96; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.575 - "Administrative value" defined

Current through June 11, 2024
"Administrative value" means the usefulness or significance of a record in supporting the management and operations of a state agency.
Added to NAC by St. Librarian, eff. 12-4-91-NAC A by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.5755 - "Authorized personnel" defined

Current through June 11, 2024
"Authorized personnel" includes, without limitation:
1. The records officer, legal counsel and appointing authority of a state agency;
2. Any person who is designated by the appointing authority of a state agency; and
3. For the purpose of creating a schedule, the State Library, Archives and Public Records Administrator or a designee thereof.
Added to NAC by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.582 - "Disposition" defined

Current through June 11, 2024
"Disposition" means the destruction of a record or the transfer of a record to the State Archives for permanent retention.
Added to NAC by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.585 - "Division" defined

Current through June 11, 2024
"Division" means the Division of State Library and Archives of the Department of Administration.
Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.590 - "Duplicate" defined

Current through June 11, 2024
"Duplicate" has the meaning ascribed to it in NRS 52.195.
Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.593 - "Electronic record" defined

Current through June 11, 2024
"Electronic record" means a representation of an official state record in electronic format containing information, knowledge, facts, concepts or instructions which is being prepared or has been formally prepared and is intended to be processed, is being processed or has been processed in a system or network.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.597 - "Historical value" defined

Current through June 11, 2024
"Historical value" means the long-term research or archival value remaining in a record after the administrative value of the information contained in the record has expired.
Added to NAC by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.620 - "Legal custody" defined

Current through June 11, 2024
"Legal custody" means all rights and responsibilities of access to and maintenance of a record which are vested in a state agency and with the head of the state agency charged with the care, custody and control of that record.
Added to NAC by St. Librarian, eff. 12-4-91-NAC A by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.630 - "Long-term record" defined

Current through June 11, 2024
"Long-term record" means a record which must be retained for more than 10 years.
Added to NAC by St. Librarian, eff. 1-24-92; A 3-30-94; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.660 - "Received" defined

Current through June 11, 2024
"Received" means the receipt of records by personnel of a state agency, whether in person, by messenger, mail or electronic transmission or by any other method.
Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94-NAC A by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.663 - "Record series" defined

Current through June 11, 2024
"Record series" means records that are kept or filed in a unified or sequential arrangement, having similar characteristics or relating to a similar function or activity.
Added to NAC by Library & Archives Admin'r by R118-12, eff. 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.665 - "Records center" defined

Current through June 11, 2024
"Records center" means the center created pursuant to subsection 4 of NRS 378.255 for storing and retrieving records of state agencies.
Added to NAC by St. Librarian, eff. 12-4-91
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.668 - "Records management" defined

Current through June 11, 2024
"Records management" means the systematic control and management of information throughout the life cycle of the information, including, without limitation, the creation, use, maintenance, retention and ultimate disposition of the information.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.670 - "Records officer" defined

Current through June 11, 2024
"Records officer" means the person designated, pursuant to NAC 239.700, by the head of a state agency.
Added to NAC by St. Librarian, eff. 12-4-91-NAC A by Library & Archives Admin'r by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.677 - "Retention value" defined

Current through June 11, 2024
"Retention value" means the value of a record to a state agency or the Board of Regents of the University of Nevada as determined by an appraisal of the record by the Division.
Added to NAC by Library & Archives Admin'r by R118-12, eff. 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.680 - "Schedule" defined

Current through June 11, 2024
"Schedule" means a schedule for the retention and disposition of official state records developed by a state agency and approved by the Committee pursuant to NRS 239.080.
Added to NAC by St. Librarian, eff. 12-4-91; A 3-30-94; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.690 - "State agency" defined

Current through June 11, 2024
"State agency" means an office, department, board, commission, committee, agency or any other subdivision of the Executive Branch of the Government of the State of Nevada where records are made, received or kept.
Added to NAC by St. Librarian, eff. 12-4-91; A 1-31-96; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.692 - "State Archives" defined

Current through June 11, 2024
"State Archives" means the program within the Division responsible for the selection, preservation and accessibility of records of historical value.
Added to NAC by Library & Archives Admin'r by R090-06, eff. 6-1-2006; A by R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.696 - Records management program: Establishment

Current through June 11, 2024
A state agency shall establish a records management program which documents its organization, functions, policies, decisions, procedures and essential transactions.
Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin'r by R090-06, 6-1-2006
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.697 - Records management program: General requirements

Current through June 11, 2024
The records management program established pursuant to NAC 239.696 must include controls for the creation, maintenance, use, security and distribution of the records of the state agency to ensure that the state agency:
1. Refrains from accumulating unnecessary records or gathering information which is not essential to the proper functioning of the state agency;
2. Adheres to the appropriate schedule;
3. Maintains its records in a manner which is cost-effective and which allows for the rapid retrieval and protection of the information contained within that record;
4. Establishes and documents standards for a filing system for the state agency;
5. Provides for the transfer of its records which are of historical value to the State Archives in accordance with NRS NRS NRS 239.080, 239.085, 239.090 and 378.250 and NAC 239.750, 239.940 and 239.945; and
6. Establishes written policies and procedures for the proper access or denial of access to the public or other governmental agencies to records which have been declared by law to be confidential or otherwise restricted.
Added to NAC by St. Librarian, eff. 3-12-96; A by Library & Archives Admin'r by R090-06, 6-1-2006; R118-12, 10/24/2014
NRS 378.255, 378.280
Nevada Administrative Code › Chapter 239 - Public Records › RECORDS OF STATE AGENCIES › Section 239.699 - Protection and preservation of records: General requirements; training for employees

Current through June 11, 2024
1. A state agency shall take such measures as are necessary to ensure that the records in its legal custody are protected from unlawful removal, misuse, damage, alteration, destruction or loss. The state agency shall notify the appropriate prosecuting attorney or law enforcement agency of any actual, impending or threatened unlawful acts toward the records in the custody of the state agency.
2. A state agency shall provide for ongoing training for its employees on the measures which the state agency has taken pursuant to subsection 1. The training must include:
(a) Instruction in procedures which ensure that the records in the legal custody of the state agency will not be destroyed or otherwise disposed of except in accordance with the provisions of NRS NRS NRS 239.080; and
(b) A review of the penalties for the unlawful removal, misuse, damage, alteration, destruction or loss of records, as set forth in chapter 205 of NRS and NRS NRS NRS 239.300 to 239.330, inclusive, 281.180, 281.190, 603.080 and 603.090.