reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › AGRICULTURAL LOAN MEDIATION PROGRAM › Section 561.130 - Duties of mediator; attendance at mediation; payment of fee to Department

Current through June 11, 2024
1. The mediator will take testimony and
			 establish a record of the mediation.
2. The creditor must have a person present at
			 the mediation who has the authority to negotiate and enter into an agreement on
			 behalf of the creditor.
3. The
			 borrower and the spouse of the borrower, if he or she is married, must attend
			 the mediation.
4. The creditor and
			 borrower may have legal counsel present at the mediation.
5. Each creditor and the borrower shall pay
			 the Department $25 for each hour or fraction thereof of mediation.
Added to NAC by Dep't of
				Agriculture, eff. 10-30-90
NRS 561.247
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › AGRICULTURAL LOAN MEDIATION PROGRAM › Section 561.140 - Agreement for resolution of debt; request for further mediation

Current through June 11, 2024
1. If the creditor and borrower reach an
			 agreement for the resolution of the agricultural debt, the mediator, creditor
			 and borrower must agree upon a person to draft the agreement. The creditor and
			 the borrower must sign the agreement.
2. If the creditor and borrower do not reach
			 an agreement on or before the date on which they have agreed to conclude the
			 mediation, they may request further mediation or that the mediation be
			 concluded. A request for further mediation:
(a) Must be made by the creditor and the
			 borrower; and
(b) Extends the
			 mediation for 30 days. Thereafter, the creditor and borrower may request
			 further extensions for periods not to exceed 30 days.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › AGRICULTURAL LOAN MEDIATION PROGRAM › Section 561.150 - Confidentiality; applicability of chapter 241 of NRS

Current through June 11, 2024
Information and documents filed with or obtained by the
				mediator or the Department are confidential. The provisions of chapter 241 of
				NRS do not apply to any mediation of an agricultural debt.
Added to NAC by Dep't of
				Agriculture, eff. 10-30-90
NRS 561.247
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › AGRICULTURAL LOAN MEDIATION PROGRAM › Section 561.160 - Training of mediators

Current through June 11, 2024
1. The Director and
			 the Department will provide the initial training for a mediator. The initial
			 training must inform a mediator that he or she does not have a duty to advise a
			 creditor or debtor about the law and include at least 32 hours of instruction
			 on:
(a) The mediation process;
(b) The skills required by a mediator;
			 and
(c) Issues relating to
			 financing agricultural projects.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › AGRICULTURAL LOAN MEDIATION PROGRAM › Section 561.170 - Department to provide notice of mediation process

Current through June 11, 2024
The Department will notify financial institutions which make
				agricultural loans and persons who are likely to request an agricultural loan
				of the mediation process authorized pursuant to NAC 561.010 to 561.170,
				inclusive.
Added to NAC by Dep't of
				Agriculture, eff. 10-30-90
NRS 561.247
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › PLANTING AND HARVESTING SEASONS › Section 561.200 - Designation for purposes of exemption from federal regulations regarding driving and on-duty time for drivers used by motor carriers

Current through June 11, 2024
1. For the purposes of the exemption from
			 federal regulations regarding the maximum driving and on-duty time for drivers
			 used by motor carriers that is set forth in
			 49 C.F.R. §
									395.1(k), pertaining to
			 drivers transporting agricultural commodities or farm supplies for agricultural
			 purposes within a 100 air-mile radius from the source of the commodities or
			 distribution point for the farm supplies during the planting and harvesting
			 seasons, the planting and harvesting seasons within this State shall be deemed
			 to be year-round, from January 1 through December 31.
2. As used in this section:
(a) "Agricultural commodities" means products
			 grown on and harvested from the land.
(b) "Farm supplies for agricultural purposes"
			 means products directly related to the growing or harvesting of agricultural
			 commodities.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.300 - Definitions

Current through June 11, 2024
As used in NAC 561.300 to 561.580, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 561.310 to
				561.360, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.310 - "Complaint" defined

Current through June 11, 2024
"Complaint" means a document, signed by the petitioner, which
				contains the name of the respondent, a short and plain statement of the acts or
				omissions alleged to have been committed in violation of a statute, rule or
				regulation and the citation of such statute, rule or regulation.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.320 - "Contested case" defined

Current through June 11, 2024
"Contested case" has the meaning ascribed to it in
				NRS
				233B.032.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.330 - "Notice of hearing" defined

Current through June 11, 2024
"Notice of hearing" has the meaning ascribed to it in
				NRS
				233B.121.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.350 - "Petitioner" defined

Current through June 11, 2024
"Petitioner" means the Board or the Department when in the
				capacity of carrying the burden of proof in a contested case on matters over
				which it has jurisdiction to resolve.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.360 - "Respondent" defined

Current through June 11, 2024
"Respondent" means the party charged in the complaint with a
				violation of a statute, rule or regulation.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.370 - Scope and applicability

Current through June 11, 2024
The provisions of NAC 561.300 to 561.580, inclusive, apply to
				all hearings conducted by the Board and the Department for the adjudication of
				contested cases pursuant to the provisions of chapter 233B of NRS.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.380 - Construction; conduct of hearing

Current through June 11, 2024
1. The provisions
			 of NAC 561.300 to 561.580, inclusive, will be liberally construed to simplify
			 and expedite hearings before the Board and Department and to ensure a fair
			 opportunity to all parties to present their case.
2. Hearings conducted pursuant to the
			 provisions of NAC 561.300 to 561.580, inclusive, will be conducted pursuant to
			 the provisions of chapter 233B of NRS.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.390 - Deviation from provisions

Current through June 11, 2024
1. The Board and
			 Department may permit deviation from the provisions of NAC 561.300 to 561.580,
			 inclusive, if:
(a) The deviation will not
			 adversely affect the substantial interests of a party;
(b) Good cause for the deviation appears;
			 and
(c) The deviation is not
			 otherwise contrary to law.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.400 - Informal disposition of case

Current through June 11, 2024
Except as otherwise provided by law, the parties may agree
				through a stipulation, settlement agreement, consent order or other disposition
				to resolve a contested case by informal disposition. If an informal disposition
				is made, the respondent waives the right to a statement of findings of fact and
				conclusions of law from the Board or Department.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.410 - Suspension of license or certificate of registration before hearing

Current through June 11, 2024
Unless otherwise prohibited by law, the Board or Department may
				suspend the license or certificate of registration of a person before holding a
				hearing if the Board or Department finds and incorporates such finding into its
				order, based upon evidence in its possession, that the public health, safety or
				welfare will be damaged unless the license or certificate is so suspended. If
				the Board or Department summarily suspends a license or certificate of
				registration, a hearing that complies with the provisions of NAC 561.300 to
				561.580, inclusive, will be held within 60 days after the suspension.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.420 - Notice of hearing: Proper service; date deemed received; raising objection to notice received

Current through June 11, 2024
1. The Board or
			 Department will commence a contested case by serving a copy of a notice of
			 hearing upon the respondent at least 30 days before the date of the hearing.
			 The notice of hearing, with a proof of service, will be mailed by certified or
			 registered mail to the last known address of the respondent or personally
			 served as provided for in Rule 4 of the Nevada Rules of Civil Procedure. The
			 notice of hearing will include the time and place of the hearing as fixed by
			 the Board or Department. The complaint may be included in the notice of
			 hearing.
2. If a notice of hearing
			 is mailed to the respondent, the notice will be deemed to have been received
			 upon the expiration of 10 days after the notice is mailed.
3. The respondent must familiarize himself or
			 herself with any subsequent dates for hearings.
4. Any contention that proper notice has not
			 been provided pursuant to this section will be deemed waived unless it is
			 raised by the respondent before arguments are presented on any other motion or,
			 if no other motions are presented, before opening arguments at the
			 hearing.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.430 - Consolidation of cases; contesting consolidation

Current through June 11, 2024
1. The
			 Board or Department may consolidate two or more contested cases whenever it
			 appears that the cases involve common issues of law or fact and the interests
			 of the parties will not be prejudiced by the consolidation, regardless of
			 whether the cases involve more than one license or certificate of registration
			 or different professions.
2. A
			 party may contest a decision to consolidate two or more contested cases by
			 filing a motion to sever the cases which states specifically why the matters
			 would not be consolidated. The Board or Department will decide if the cases
			 will be heard together or separately.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.440 - Right to representation by attorney; qualifications of attorney

Current through June 11, 2024
Any respondent appearing in a hearing before the Board or
				Department may be represented by an attorney who is licensed to practice in
				this State or, if not licensed in this State, who has applied and been approved
				by the Board or Department to appear in this case only.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.450 - Conduct of attorneys and persons appearing in hearing; consequences of failure to conform conduct; statement of actions taken by Board or Department

Current through June 11, 2024
1. Any attorney appearing in a hearing before
			 the Board or Department shall ensure that his or her conduct complies with the
			 Nevada Rules of Professional Conduct.
2. All persons appearing in a hearing before
			 the Board or Department shall conform to the standards of ethical and courteous
			 conduct required in the courts of this State.
3. If a person fails to conform his or her
			 conduct to the standards required by this section, the Board or Department may:
(a) Limit the evidence presented by that
			 person; and
(b) Exclude the person
			 or the person's representative from the hearing.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.460 - Withdrawal of attorney

Current through June 11, 2024
Any attorney of record may withdraw from representation upon
				notification to his or her client and to the Board or Department and upon
				filing a motion with the Board or Department specifying the reasons for the
				requested withdrawal. Unless otherwise prohibited by law, the Board or
				Department may deny the motion if the withdrawal would unreasonably delay the
				hearing.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.470 - Hearing officer: Appointment; authority; limitations on authority

Current through June 11, 2024
1. Except as otherwise provided in NRS
			 NRS
			 233B.124, the Board or Department may
			 designate an attorney who is licensed to practice law in this State to serve as
			 a hearing officer in a contested case.
2. A hearing officer so appointed may:
(a) Question witnesses;
(b) Make rulings on motions and
			 objections;
(c) Submit suggested
			 findings of fact and conclusions of law concerning the hearing to the Board or
			 Department; and
(d) Provide legal
			 advice as required by the Board or Department during the course of a hearing or
			 during deliberation after a hearing, unless such advice is provided by other
			 means.
In any contested case in which a hearing officer is designated
				pursuant to the provisions of this section, the Board or Department will make
				the final decision in the case.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.480 - Amendment of complaint; withdrawal of complaint

Current through June 11, 2024
1. The
			 petitioner may amend the complaint at any time. Unless amended at the hearing,
			 an amended complaint will be filed and served in the same manner as the
			 original complaint. The Board or Department will grant a continuance whenever
			 an amendment materially alters the complaint in such a way that the respondent
			 will be unable to prepare his or her case in a timely manner.
2. The petitioner may withdraw a complaint at
			 any time before the hearing begins. After the hearing begins, the petitioner
			 will withdraw the complaint only upon written notice to the
			 respondent.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.490 - Motions: Types; procedure for making; responses

Current through June 11, 2024
1. The
			 respondent may make a motion to request:
(a)
			 The dismissal of the complaint for failure to state facts which, if true, would
			 form a sufficient basis for discipline;
(b) The dismissal of a complaint for failure
			 to comply with any provision of NAC 561.300 to 561.580, inclusive;
			 and
(c) A directed verdict against
			 the petitioner if the petitioner has concluded his or her case and has failed
			 to meet his or her burden of proof.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.500 - Discovery: Scope; procedure

Current through June 11, 2024
1. A party to a
			 contested case may serve upon any other party a written demand for:
(a) Copies of all documents reasonably
			 available to the other party which are anticipated to be used in support of
			 that party's position;
(b) A
			 written list of witnesses, including rebuttal witnesses, whom the other party
			 reasonably anticipates will testify at the hearing, which identifies each
			 person by name and address;
(c) A
			 description of any other evidence which the other party anticipates will be
			 used in the hearing;
(d) Any
			 exculpatory evidence reasonably available to the petitioner which would tend to
			 support the respondent's position or discredit the petitioner's witnesses;
			 and
(e) Copies of any investigative
			 reports which appear to summarize or describe an interview with the
			 respondent.
The respondent is entitled to such information whether or not
				an investigator is called to testify and whether or not an investigator or
				other witness uses an investigative report to refresh his or her recollection
				before or during the hearing.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.510 - Prehearing conferences

Current through June 11, 2024
1. Upon written
			 motion of either party or on its own motion, the Board or Department may hold a
			 prehearing conference to:
(a) Simplify or
			 limit the issues.
(b) Secure and
			 establish for the record any admissions or stipulations.
(c) Identify and limit, if necessary, the
			 witnesses or evidence, or both.
(d)
			 Exchange exhibits or other documented evidence.
(e) Discuss any other matters which may aid
			 in the efficient disposition of the case.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.520 - Subpoenas

Current through June 11, 2024
1. A party may request the Director to issue
			 a subpoena pursuant to NRS
			 NRS
			 561.146 by submitting a written request that
			 demonstrates the need for the witnesses or documents requested.
2. The requesting party must deposit witness
			 fees and pay expenses in accordance with Rule 45 of the Nevada Rules of Civil
			 Procedure.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105,
				  561.146
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.530 - Failure to appear

Current through June 11, 2024
1. If a party fails
			 to appear at a hearing scheduled by the Board or Department and no continuance
			 has been requested or granted, upon an offer of proof by the other party that
			 the absent party was given proper notice and upon a determination by the Board
			 or Department that proper notice was given, the Board or Department may proceed
			 to hear evidence and consider the matter without the participation of the
			 absent party and dispose of the matter on the basis of the evidence before
			 it.
2. If a party's failure to
			 appear is justified by reasonable cause, the party may, within 10 days after
			 service of the decision of the Board or Department in the matter, apply to the
			 Board or Department to reopen the proceedings. The application must specify the
			 grounds relied upon for the requested reopening. Upon finding the cause
			 sufficient and reasonable, the Board or Department may withdraw its decision
			 and fix a time and place for rehearing on such terms and conditions as may be
			 just, including the imposition of costs and fees incurred in the presentation
			 of evidence at the earlier hearing.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.540 - Order of proceedings

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, hearings in contested cases will be
			 conducted in the following order:
(a) The
			 hearing will be called to order by the Chair of the Board, the Director or the
			 appointed hearing officer.
(b) The
			 parties and their respective counsel, if any, and the members of the Board or
			 Department or the hearing officer will be introduced and identified on the
			 record.
(c) The notice and
			 complaint will be placed into evidence.
(d) Motions to exclude witnesses from the
			 hearing room except during testimony will be entertained.
(e) All other preliminary motions,
			 stipulations, agreed-upon orders and administrative details will be
			 entertained.
(f) The petitioner's
			 case will be presented, followed by cross-examination, redirect examination,
			 recross-examination, questions by the Board or Department and further questions
			 by the parties if the questions are limited in scope to those areas of
			 questioning addressed by the Board or Department.
(g) The respondent's case will be presented,
			 followed by cross-examination, redirect examination, recross-examination,
			 questions by the Board or Department and further questions by the parties if
			 the questions are limited in scope to those areas of questioning addressed by
			 the Board or Department.
(h) Any
			 rebuttal evidence will be submitted in the manner provided in paragraphs (f)
			 and (g).
(i) The closing argument
			 of the petitioner will be given.
(j) The closing argument of the respondent
			 will be given.
(k) The petitioner's
			 reply to the respondent's closing argument may be given.
(l) The case may be submitted for
			 deliberation or postponed for further consideration by the Board or
			 Department.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.550 - Motion to exclude witness

Current through June 11, 2024
If a motion to exclude a witness is granted:
1. The Chair of the Board, Director or
			 appointed hearing officer shall instruct the witness not to discuss the case
			 during the pendency of the proceeding.
2. Any respondent who may also be a witness
			 may remain in the hearing room.
3.
			 Any corporate respondent or other entity represented by a natural person may
			 have one representative, who may also be a witness, who may remain in the
			 hearing room.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.560 - Examination of witnesses

Current through June 11, 2024
1. A party may call
			 any other party or witness as an adverse witness. The party may question such a
			 witness as if conducting a cross-examination.
2. Any party who is surprised by the
			 testimony of a witness, called in good faith as a witness on the party's
			 behalf, may question the witness as if conducting a
			 cross-examination.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.570 - Transcription of hearing

Current through June 11, 2024
If any party requests and pays the costs for transcription, the
				Board or Department will make arrangements for a transcription of the
				hearing.
Added to NAC by Bd. of
				Agriculture, eff. 2-20-96
NRS
				  561.105
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › HEARINGS FOR ADJUDICATION OF CONTESTED CASES › Section 561.580 - Petition for reconsidering or rehearing of decision

Current through June 11, 2024
1. Any
			 petition for reconsidering or rehearing an order or decision of the Board or
			 Department in a contested case must be filed with the Board or Department, and
			 served on the other party, within 10 days after the effective date of the order
			 or decision.
2. A petition for
			 reconsideration or rehearing must include:
(a)
			 A statement of the specific grounds upon which relief is requested;
			 and
(b) If the party seeks to
			 present new evidence, a statement of the cause for failure to introduce the
			 proposed new evidence in the original proceeding and a detailed description of
			 the evidence.
Nevada Administrative Code › Chapter 561 - State Department of Agriculture › DOING BUSINESS WITH THE DEPARTMENT › Section 561.600 - Authority of Director to require transactions with or payment to Department to be conducted or made electronically or through Internet website; methods of payment; exemptions

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 3, the Director may require that a transaction
			 with or payment to the Department which is governed by
			 NRS
			 561.153 must be conducted or made
			 electronically on or through the Internet website of the Department provided
			 that a means to conduct such a transaction or make such a payment is available
			 on the Internet website of the Department.
2. If a payment to the Department is required
			 to be made electronically pursuant to subsection 1, the Director may specify
			 the method or methods of payment accepted, including, without limitation,
			 credit card or electronic check.
3.
			 A person who seeks to conduct a transaction with or make a payment to the
			 Department which the Director has determined must be conducted or made
			 electronically pursuant to subsection 1 may request from the Director or his or
			 her designee a waiver of the requirement to conduct the transaction or make the
			 payment electronically. Such a waiver may be granted if the Director or his or
			 her designee determines that:
(a) Conducting
			 the transaction or making the payment electronically would cause the person
			 undue hardship or extreme inconvenience; or
(b) The person does not have access to
			 suitable means to conduct the transaction or make the payment electronically.
Nevada Administrative Code › Chapter 564 - Brands and Marks › Section 564.010 - Fees

Current through June 11, 2024
1. To record the temporary use of a brand
		  pursuant to subsection 3 of
		  NRS
		  564.025, the owner of animals must pay:
(a) A nonrefundable application fee of $35;
		  and
(b) A recording fee of $50 for
		  the period designated by the Department.
Nevada Administrative Code › Chapter 564 - Brands and Marks › Section 564.Sec1 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  3, the Director may require that a transaction with or payment to the
		  Department which is governed by
		  NRS
		  561.153 must be conducted or made
		  electronically on or through the Internet website of the Department provided
		  that a means to conduct such a transaction or make such a payment is available
		  on the Internet website of the Department.
2. If a payment to the Department is required
		  to be made electronically pursuant to subsection 1, the Director may specify
		  the method or methods of payment accepted, including, without limitation,
		  credit card or electronic check.
3.
		  A person who seeks to conduct a transaction with or make a payment to the
		  Department which the Director has determined must be conducted or made
		  electronically pursuant to subsection 1 may request from the Director or his or
		  her designee a waiver of the requirement to conduct the transaction or make the
		  payment electronically. Such a waiver may be granted if the Director or his or
		  her designee determines that:
(a) Conducting
		  the transaction or making the payment electronically would cause the person
		  undue hardship or extreme inconvenience; or
(b) The person does not have access to
		  suitable means to conduct the transaction or make the payment
		  electronically.
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
		  the words and terms defined in NAC 565.015 to 565.085, inclusive, have the
		  meanings ascribed to them in those sections.
Dep't of Agriculture, part
		  Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77-NAC A by Div. of
		  Agriculture, 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.018 - "Agricultural enforcement officer II" and "agricultural enforcement officer III" defined

Current through June 11, 2024
"Agricultural enforcement officer II" or "agricultural
		  enforcement officer III" means an employee who:
1. Is under the immediate supervision of the
		Administrator;
2. Is certified by
		the Peace Officers' Standards and Training Commission pursuant to
		NRS
		289.550;
3. Has the powers of a peace officer to make
		investigations and arrests and to execute warrants of search and seizure
		pursuant to subsection 3 of
		NRS
		289.290;
4. Is assigned supervisory and administrative
		responsibilities in designated geographical areas of this State; and
5. Supervises all deputy brand inspectors and
		enforcement officers assigned to his or her geographical area.
Added to NAC by Dep't of
		  Agriculture by R213-05, eff. 6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.021 - "Animals" and "livestock" defined

Current through June 11, 2024
"Animals" or "livestock" means:
1. All cattle and other members of the bovine
		species; and
2. All horses, mules,
		burros, asses and other members of the equine species.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.026 - "Brand inspection" defined

Current through June 11, 2024
"Brand inspection" means a careful examination of each animal
		  offered for such inspection and an examination of the brands, marks or other
		  characteristics thereon and the recording of information on the brand
		  inspection clearance certificate as required.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.031 - "Brand inspection clearance certificate" defined

Current through June 11, 2024
"Brand inspection clearance certificate" means a certificate on a
		  form prescribed by the Division and signed by an authorized agent of the
		  Department, listing brands and information as required.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.035 - "Brand inspector" defined

Current through June 11, 2024
"Brand inspector" means a deputy brand inspector I or deputy
		  brand inspector II.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.051 - "Deputy brand inspector I" defined

Current through June 11, 2024
"Deputy brand inspector I" means a part-time, hourly employee
		  who:
1. Is appointed by the
		Administrator and confirmed by the Director; and
2. Is responsible for brand inspection
		activities in local areas under the supervision of an enforcement
		officer.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.052 - "Deputy brand inspector II" defined

Current through June 11, 2024
"Deputy brand inspector II" means a part-time or full-time hourly
		  employee who:
1. Is appointed by the
		Administrator and confirmed by the Director;
2. Is certified by the Peace Officers'
		Standards and Training Commission pursuant to
		NRS
		289.550;
3. Has the powers of a peace officer to make
		investigations and arrests and to execute warrants of search and seizure
		pursuant to subsection 3 of
		NRS
		289.290;
4. Is responsible for brand inspection
		activities in local areas under the supervision of an agricultural enforcement
		officer II or agricultural enforcement officer III; and
5. Supervises each deputy brand inspector I
		assigned to the employee.
Added to NAC by Dep't of
		  Agriculture by R213-05, eff. 6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.070 - "Enforcement officer" defined

Current through June 11, 2024
"Enforcement officer" means a deputy brand inspector II,
		  agricultural enforcement officer II or agricultural enforcement officer
		  III.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.072 - "Inventory inspection" defined

Current through June 11, 2024
"Inventory inspection" means a brand inspection of all livestock
		  maintained as inventory by an owner of livestock.
Added to NAC by Dep't of
		  Agriculture by R142-10, eff. 12-30-2011
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.075 - "Livestock movement permit" defined

Current through June 11, 2024
"Livestock movement permit" means a permit granted pursuant to
		  paragraph (b) of subsection 1 of NAC 565.220.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97; A by Dep't of Agriculture by R142-10,
		  12-30-2011
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.079 - "Regular sale" defined

Current through June 11, 2024
"Regular sale" means a sale conducted by the operator of a public
		  livestock auction during a day set forth in a license issued to the operator by
		  the Department pursuant to
		  NRS
		  573.050.
Added to NAC by Dep't of
		  Agriculture by R142-10, eff. 12-30-2011
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.080 - "Slaughter" defined

Current through June 11, 2024
"Slaughter" includes slaughter on a ranch, slaughter for a
		  person's own use and slaughter in a licensed slaughterhouse.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.082 - "Special sale" defined

Current through June 11, 2024
"Special sale" means a sale conducted by the operator of a public
		  livestock auction that is held on a day:
1. Which is not set forth in a license issued
		to the operator by the Department pursuant to
		NRS 573.050;
		and
2. For which the operator has
		obtained approval from the Director pursuant to
		NRS
		573.170.
Added to NAC by Dep't of
		  Agriculture by R142-10, eff. 12-30-2011
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.085 - "Time and place of change of ownership" defined

Current through June 11, 2024
The time and place of "change of ownership" are the time and
		  place where possession of the livestock passes to the new owner.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.150 - Severability

Current through June 11, 2024
The provisions of this chapter are severable. If any provision of
		  this chapter or any application to any person, thing or circumstance is held
		  invalid, the Department intends that such invalidity not affect the remaining
		  provisions or applications to the extent that they can be given effect.
Added to NAC by Div. of
		  Agriculture, eff. 11-3-97
NRS
			565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.200 - Brand inspections: Requirements; places; times

Current through June 11, 2024
1. Brand inspections are not required:
(a) If the owner of the animals has a
		livestock movement permit for the animals, the animals are being moved within
		this State and there is no change of ownership or slaughter involved.
(b) For the sale or transportation within
		this State of dairy breed calves under the age of 1 month.
(c) For the transportation within this State
		of horses if the horses are accompanied by a current annual or lifetime horse
		permit or a livestock movement permit.
(d) If the owner of the animals has an event
		permit to move animals out of this State or across the boundaries of a brand
		inspection district for use in a rodeo, show, fair or other public
		exhibition.
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.210 - Brand inspection districts

Current through June 11, 2024
1. The areas
		designated as districts and assigned numbers by the Director are those areas
		and numbers marked on the following map:
Click here to view
		  image.
2. A copy
		of the map may be obtained from the State Department of Agriculture, Division
		of Livestock Identification, 4780 East Idaho Street, Elko, Nevada
		89801.
Added to NAC by Dep't of
		  Agriculture, eff. 10-16-86; A by Div. of Agriculture, 11-3-97; A by Dep't of
		  Agriculture by R213-05, 6-28-2006; A by
		  R014-15A,
		  eff. 12/21/2016
NRS
		  565.040
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.220 - Special permits

Current through June 11, 2024
1. The Director may
		issue special permits in the following specific instances:
(a) Horse permit: The Director may make
		available an annual or lifetime permit for the movement of any horse that may
		be used in lieu of a brand inspection if the permittee:
(1) Completes an application on a form
		provided by the Department .
(2)
		Pays for each horse:
(I) A fee of $35 for an
		annual permit; or
(II) A fee of $75
		for a lifetime permit.
(3) Pays a $35 travel fee.
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.230 - Fees

Current through June 11, 2024
1. Except as otherwise provided in this
		section and NAC
		565.220, an owner
		of livestock must pay the following fees for the brand inspection of the
		livestock if the owner has given the Division notice of at least 24 hours:
(a) A travel fee of $35 for each inspection
		site; and
(b) An inspection fee of
		$1 per head of livestock.
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.300 - Identifying and recording brands; impounding animals of undetermined ownership; checking prior transactions; reporting suspected violators; unbranded and freshly branded calves

Current through June 11, 2024
1. The current and
		immediate prior brands on an animal and additional brands at the discretion of
		the brand inspector must be recorded by the brand inspector on the brand
		inspection clearance certificate. If the brand inspector cannot clearly
		identify the brands, he or she shall clip the hair or take other measures as
		necessary to identify the animal.
2. If the ownership of the animal cannot be
		determined, the brand inspector shall impound the animal for further
		investigation.
3. The brand
		inspector shall check prior transactions by checking brand inspection records
		or consulting with the owners of prior brands to determine that the
		transactions were legal.
4.
		Suspected violators must be reported immediately to the agricultural
		enforcement officer II or agricultural enforcement officer III who is
		responsible for the area in which the brand inspection occurs.
5. A calf being sold or shipped without
		brands or without brands and marks healed and peeled must be inspected while
		paired with its mother immediately before sale or shipment. In the case of
		unbranded leppy calves or freshly branded calves:
(a) A statement signed by the producer
		verifying ownership of the calves must be written on the brand inspection
		clearance certificate at the time of inspection; or
(b) An affidavit of ownership must be
		completed by the producer or brand inspector and attached to the original brand
		inspection clearance certificate.
Nevada Administrative Code › Chapter 565 - Inspection of Brands › Section 565.310 - Enforcement; conflicts of interest

Current through June 11, 2024
1. The Director
		shall train, equip and instruct enforcement officers to stop vehicles carrying
		animals and verify that the transportation of animals complies with all
		regulations. The Division may inspect any animal at any location at any time
		when there is probable cause to believe that a theft may be in progress, or
		strays or the natural drifting of neighboring herds of animals may cause
		commingling of the animals or at any time a brand inspection may be in the best
		interest of the industry.
2. No
		employee may perform a brand inspection on any animal owned or to be purchased
		by the employee, his or her employer, any member of the employee's household or
		his or her immediate family, or on any animal in which the employee, his or her
		employer, a member of the employee's household or a member of his or her
		immediate family has any financial interest.
Dep't of Agriculture, part
		  Reg. No. 58, eff. 9-1-72; A 8-15-74; 2-25-77; 4-1-77-NAC A by Div. of
		  Agriculture, 11-3-97; A by Dep't of Agriculture by R213-05,
		  6-28-2006
NRS
			565.040,
			565.155
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.002 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 571.0025 to 571.019, inclusive, have the meanings ascribed to them in those sections.
Added to NAC by St. Quarantine Officer, eff. 7-8-92; A by R060-06, 6-28-2006
NRS 562.250, 571.120, 571.130, 571.135, 571.170, 571.200, 571.210
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0029 - "Approved laboratory" defined

Current through June 11, 2024
"Approved laboratory" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0033 - "Breeding animal" defined

Current through June 11, 2024
"Breeding animal" means any sexually intact goat or sheep that is not moving through slaughter channels to slaughter.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.004 - "Department" defined

Current through June 11, 2024
"Department" means the State Department of Agriculture.
Added to NAC by St. Quarantine Officer, eff. 7-8-92
NRS 571.120, 571.130, 571.135, 571.170, 571.200, 571.210
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.008 - "Entry permit" defined

Current through June 11, 2024
"Entry permit" means a number issued by the Department to identify an animal before the entry of the animal into Nevada is allowed.
Added to NAC by St. Quarantine Officer, eff. 7-8-92
NRS 571.120, 571.210
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0082 - "Exposed animal" defined

Current through June 11, 2024
"Exposed animal" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0084 - "Exposed flock" defined

Current through June 11, 2024
"Exposed flock" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0086 - "Flock" defined

Current through June 11, 2024
"Flock" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.009 - "Genetically less susceptible exposed sheep" defined

Current through June 11, 2024
"Genetically less susceptible exposed sheep" has the meaning ascribed to it in Part I of the
Uniform Methods and Rules
.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0092 - "Genetically resistant exposed sheep" defined

Current through June 11, 2024
"Genetically resistant exposed sheep" has the meaning ascribed to it in Part I of the
Uniform Methods and Rules
.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0094 - "Genetically susceptible exposed animal" defined

Current through June 11, 2024
"Genetically susceptible exposed animal" has the meaning ascribed to it in Part I of the
Uniform Methods and Rules
.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.010 - "Health certificate" defined

Current through June 11, 2024
"Health certificate" means a certificate concerning the health of an animal that is issued by a licensed veterinarian who is accredited by the Federal Government or a health authority of the State or Federal Government. The term includes, without limitation, a certificate of veterinary inspection.
Dep't of Agriculture Reg., 55, eff. 9-1-64; A 7-15-71; 10-1-71; 4-1-77-NAC A by St. Quarantine Officer, 7-8-92; A by R019-15A, eff. 12/21/2016
NRS 571.120, 571.210
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0104 - "High-risk animal" defined

Current through June 11, 2024
"High-risk animal" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.0108 - "Inconsistent state" defined

Current through June 11, 2024
"Inconsistent state" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130
Nevada Administrative Code › Chapter 571 - Diseased Animals › GENERAL PROVISIONS › Section 571.011 - "Infected flock" defined

Current through June 11, 2024
"Infected flock" has the meaning ascribed to it in 9 C.F.R. §
									79.1.
Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006
NRS 562.250, 571.120, 571.130