reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 37 - NEW

Current through June 11, 2024
1. Except as otherwise provided in
		  subsections 2 and 3 or as otherwise authorized by the Director, a project that
		  is awarded a grant from the Program may not be converted from the use or
		  purpose of the project set forth on the application and approved through the
		  grant award, work plan or agreement for a period of 20 years beginning on the
		  date on which the grant is awarded.
2. Except as otherwise provided in subsection
		  3, a project that is awarded a grant from the Program for the development,
		  acquisition, preservation or protection of land or water for recreational
		  purposes or with the express purpose of providing public access must ensure
		  that public access is maintained in perpetuity other than any restrictions to
		  public access established for the stewardship and management of the property to
		  maintain the recreational value of the property.
3. Any land or water rights or interest in
		  land or water rights that is acquired by the State or a grant recipient
		  pursuant to the Program to preserve, protect or obtain the benefit of the
		  property and natural, historic or cultural resources of the State must be held
		  by the State or the grant recipient in perpetuity unless:
(a) If the interest in land or water rights
		  is held by the State, the State Land Registrar, in consultation with the
		  Director, determines that the land or water rights or interest in land or water
		  rights no longer meets such purposes; or
(b) If the interest in land or water rights
		  is held by a local government or nonprofit organization, the Director
		  determines in accordance with a deed restriction acknowledged in the agreement
		  with the grant recipient, the land or water rights or interest in land or water
		  rights no longer meets such purposes.
Nevada Administrative Code › Chapter 232 - State Departments › Section 232.Sec. 38 - NEW

Current through June 11, 2024
1. The Department may periodically review
		  whether the grant recipient and project are in compliance with all requirements
		  of the Program and the provisions of the agreement executed between the
		  Department and the grant recipient.
2. If the Director determines that a grant
		  recipient or project does not meet any requirement of the Program or is not in
		  compliance with the provisions of the agreement, the Department will send a
		  letter of violation to the grant recipient by certified mail. A letter of
		  violation must, without limitation:
(a)
		  Specify the requirement of the Program or the provision of the agreement that
		  has been violated; and
(b) Explain
		  how the violation may be corrected.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › General Provisions › Section 232.010 - Definitions

Current through June 11, 2024
As used in NAC to 232.140, inclusive, unless the context
				  otherwise requires:
1. "Chief" means
				the chief of a division of the Department.
2. "Department" means the Department of
				Business and Industry.
3.
				"Director" means the Director of the Department.
Added to NAC by Dep't
				  of Commerce, eff. 12-17-87; A 5-14-92
NRS
					 233B.040
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.020 - Petition for action on regulation: Filing; contents

Current through June 11, 2024
1. An
				interested person who wishes to petition the Director for the adoption, filing,
				amendment or repeal of a regulation of the Department or a division of the
				Department must file with the Director and the chief who is authorized to
				adopt, file, amend or repeal the regulation, the original and one copy of the
				petition.
2. The petition must
				include:
(a) The name and address of the
				petitioner;
(b) A clear and concise
				statement of the regulation to be adopted, filed, amended or
				repealed;
(c) The reason for the
				adoption, filing, amendment or repeal of the regulation;
(d) The statutory authority for the adoption,
				filing, amendment or repeal of the regulation; and
(e) The name of the public officer,
				Department or division of the Department authorized to adopt, file, amend or
				repeal the regulation.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.030 - Petition for action on regulation: Review; notice of decision

Current through June 11, 2024
1. The Director may refuse to review a
				petition which requests the adoption, filing, amendment or repeal of a
				regulation if:
(a) The original petition is
				not accompanied by one copy of the petition; or
(b) The petition does not contain the
				information required by NAC 232.020.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.040 - Petition for declaratory order or advisory opinion: Authorization; filing; contents

Current through June 11, 2024
1. Except as
				otherwise provided in subsection 4, an interested person may petition the
				Director to issue a declaratory order or advisory opinion concerning the
				applicability of a statute, regulation or decision of the Department or any of
				its divisions.
2. The original and
				one copy of the petition must be filed with:
(a) The chief who is authorized to administer
				or enforce the statute or regulation or to issue the decision; or
(b) The Director, if the statute, regulation
				or decision is administered or enforced by the Director.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.045 - Petition for declaratory order or advisory opinion: Referral by chief to Director

Current through June 11, 2024
Upon receipt of a petition for a declaratory order or an
				  advisory opinion, a chief:
1. Shall
				send the petition to the Director for his or her decision if it contains an
				issue:
(a) Concerning significant public
				policy, including, but not limited to:
(1) A
				question concerning more than one division in the Department;
(2) A question of first impression;
(3) A constitutional question; or
(4) An issue that has an effect on the budget
				of the Department.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.050 - Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion

Current through June 11, 2024
1. The Director or
				a chief may refuse to review a petition which requests him or her to issue a
				declaratory order or advisory opinion if:
(a)
				The original petition is not accompanied by one copy of the petition;
				or
(b) The petition does not
				contain the information required by NAC 232.040.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.053 - Petition for declaratory order or advisory opinion: Request for Director to review decision of chief

Current through June 11, 2024
1. After receipt of
				a decision from a chief concerning the applicability or interpretation of a
				statute, regulation or decision of the division, a petitioner may request the
				Director to review the decision.
2.
				A request made pursuant to subsection 1 must:
(a) Be in writing;
(b) Contain the information required pursuant
				to NAC 232.040; and
(c) Be filed
				with the Director within 30 days after the date of the decision.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.056 - Advisory opinion: Oral response prohibited

Current through June 11, 2024
The Director or a chief will not render an oral advisory
				  opinion or respond over the telephone to a request for an advisory opinion. An
				  oral response or a response given over the telephone by a member of the staff
				  of the Department is not a decision or an advisory opinion of the
				  Department.
Added to NAC by Dep't
				  of Commerce, eff. 5-14-92
NRS
					 233B.120
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Practice Before Department › Section 232.060 - Petition for creation of nonprofit corporation: Filing; contents

Current through June 11, 2024
1. A petition which requests the Director to
				create or cause to be created a nonprofit corporation pursuant to NRS 81.350 to
				81.400, inclusive, must be filed with the Director.
2. The petition must include:
(a) The name and address of the
				petitioner;
(b) A clear and concise
				statement setting forth the reason why the corporation is necessary or
				convenient for the exercise of the powers and duties of the
				Department;
(c) The source of
				funding for the corporation;
(d)
				The information required to be included in the certificate of incorporation
				filed pursuant to NRS 81.350 to 81.400, inclusive; and
(e) Any other information the Director may
				require.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Selection of Chiefs of Divisions › Section 232.100 - Application for recognition to submit list of qualified persons: Authorization

Current through June 11, 2024
Any professional organization, association or other group
				  may apply to the Director to be recognized to submit a list of qualified
				  persons for appointment as chief of a division of the Department.
Added to NAC by Dep't
				  of Commerce, eff. 4-30-92
NRS
					 233B.050
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Selection of Chiefs of Divisions › Section 232.110 - Application for recognition to submit list of qualified persons: Criteria for approval

Current through June 11, 2024
The Director will approve an application submitted pursuant
				  to NAC 232.100 if he or she finds that the professional organization,
				  association or other group:
1. Has an
				identifiable statewide membership, is affiliated with a national organization
				that has identifiable members who are actively engaged in the practice of a
				profession regulated by a division of the Department or has the capability of
				representing, on a statewide basis, members of the profession or business class
				for which it seeks approval to submit a list of qualified persons;
2. Is a corporation, partnership or
				professional association organized and created in accordance with the
				provisions of title 7 of NRS or is an established entity in this
				State;
3. Has a membership that is
				licensed, regulated or otherwise involved in the activity which is the subject
				of the laws administered or enforced by the chief of a division of the
				Department; and
4. Has demonstrated
				the capability and desire to assist the Director in obtaining information from
				all persons and groups in the industry, profession or class of business with
				which the group is associated for the purpose of identifying qualified persons
				for appointment as chief of a division of the Department.
Added to NAC by Dep't
				  of Commerce, eff. 4-30-92
NRS
					 233B.050
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Selection of Chiefs of Divisions › Section 232.120 - Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial

Current through June 11, 2024
1. Within 30 days
				after receiving an application submitted pursuant to NAC 232.100, the Director
				will notify the applicant that its application has been:
(a) Approved and will indicate the division
				or divisions for which the group has been approved to submit the names of
				qualified persons; or
(b) Denied
				and will set forth the reasons for the denial.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Selection of Chiefs of Divisions › Section 232.130 - Notice of vacancy in position; submission of list of qualified persons

Current through June 11, 2024
1. If a vacancy occurs in the position of
				chief of a division of the Department, the Director will:
(a) Give public notice of the vacancy;
				and
(b) Make a good faith effort to
				give notice promptly to any professional organization, association or other
				group that has been approved by the Director to submit a list of qualified
				persons for appointment as chief of the division.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF BUSINESS AND INDUSTRY › Selection of Chiefs of Divisions › Section 232.140 - Criteria for selection of person for appointment

Current through June 11, 2024
1. Before
				submitting the name of a person to the Governor for approval of the appointment
				of the person as chief of a division of the Department, the Director will
				consider the person's ability to:
(a) Relate
				well with other persons;
(b)
				Motivate and lead other persons;
(c) Develop teamwork;
(d) Give clear directions;
(e) Listen effectively;
(f) Act towards others in an objective and
				fair manner;
(g) Plan and organize
				his or her time;
(h) Anticipate and
				solve problems;
(i) Accomplish
				objectives with minimum resources;
(j) Read, understand and apply statutes,
				regulations and policies;
(k) Work
				with Legislators in developing legislation;
(l) Work within the state budget and
				personnel system;
(m) Maintain
				efficiency and effectiveness under heavy workloads and during times when the
				amount of work has increased;
(n)
				Communicate effectively, both verbally and in writing;
(o) Deal effectively with unexpected events;
				and
(p) Understand and carry out
				the directives of his or her superiors and of Legislators.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.210 - Definitions

Current through June 11, 2024
As used in NAC to 232.330, inclusive, unless the context
				otherwise requires, the words and terms defined in NAC 232.220 and 232.240 have
				the meanings ascribed to them in those sections.
Added to NAC by
				Rehabilitation Div. by R227-05, eff. 5-4-2006
NRS
				  NRS
				  232.945
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.220 - "Administrator" defined

Current through June 11, 2024
"Administrator" means the Administrator of the
				Division.
Added to NAC by
				Rehabilitation Div. by R227-05, eff. 5-4-2006
NRS
				  NRS
				  232.945
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.240 - "Division" defined

Current through June 11, 2024
"Division" means the Rehabilitation Division of the Department
				of Employment, Training and Rehabilitation.
Added to NAC by
				Rehabilitation Div. by R227-05, eff. 5-4-2006
NRS
				  NRS
				  232.945
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.300 - Advisory opinion: Request for issuance; action by Administrator

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, a person may request that the Administrator issue an advisory opinion
			 concerning the applicability of a statute, regulation or decision of the
			 Administrator.
2. A request for an
			 advisory opinion must be in writing and set forth:
(a) The name and address of the person
			 requesting the advisory opinion;
(b) A clear and concise statement of the
			 specific question for which the advisory opinion is being sought; and
(c) A statement of the facts that support the
			 advisory opinion being sought.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.310 - Advisory opinion: Oral response to request

Current through June 11, 2024
The Administrator will not render an oral advisory opinion to a
				request for an advisory opinion. An oral response, including, without
				limitation, a response given over the telephone, by a member of the staff of
				the Administrator is not a decision or an official advisory opinion of the
				Administrator.
Added to NAC by
				Rehabilitation Div. by R227-05, eff. 5-4-2006
NRS
				  232.945,
				  233B.120
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.320 - Petition for declaratory order: Filing; contents; action by Administrator

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 4, a person may file a petition with the Administrator requesting that the
			 Administrator issue a declaratory order concerning the applicability of a
			 statute, regulation or decision of the Administrator.
2. A person who files a petition for a
			 declaratory order must file with the Administrator the original and two copies
			 of the petition.
3. 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 statement of the facts that support the
			 petition for a declaratory order; and
(d) A clear and concise statement of the
			 question or matter to be decided by the Administrator.
Nevada Administrative Code › Chapter 232 - State Departments › DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION › Section 232.330 - Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator

Current through June 11, 2024
1. Any person who
			 wishes to petition for the adoption, filing, amendment or repeal of a
			 regulation of the Administrator must file with the Administrator the original
			 and two copies of the petition.
2.
			 A petition for the adoption, filing, amendment or repeal of a regulation must
			 include:
(a) The name and address of the
			 petitioner;
(b) A clear and concise
			 statement, including, if applicable, the proposed language of the regulation to
			 be adopted, filed, amended or repealed;
(c) The reason for petitioning for the
			 adoption, filing, amendment or repeal of the regulation; and
(d) The statutory authority for the adoption,
			 filing, amendment or repeal of the regulation.
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.400 - Definitions

Current through June 11, 2024
As used in sections 2 to 19, inclusive, unless the context
				otherwise requires, the words and terms defined in sections 3 to 15, inclusive
				have the meanings ascribed to them in those sections.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.405 - "Anthropogenic disturbance" defined

Current through June 11, 2024
"Anthropogenic disturbance" means any direct or indirect
				adverse impact to the greater sage-grouse or the habitat of the greater
				sage-grouse, as determined by the Sagebrush Ecosystem
				Council.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.410 - "Credit" defined

Current through June 11, 2024
"Credit" means a unit of habitat conservation of the greater
				sage-grouse as quantified pursuant to the habitat quantification tool or other
				method approved by the Sagebrush Ecosystem Council.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.413 - "De minimis impact" defined

Current through June 11, 2024
"De minimis impact" means an anthropogenic disturbance for
				which the adverse impact to the greater sage-grouse or the habitat of the
				greater sage-grouse has been determined by the Sagebrush Ecosystem Council to
				be minor or trivial.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.415 - "Debit" defined

Current through June 11, 2024
"Debit" means a unit of loss or degradation of habitat of the
				greater sage-grouse caused by an anthropogenic disturbance as quantified
				pursuant to the habitat quantification tool.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.420 - "Greater sage-grouse" defined

Current through June 11, 2024
"Greater sage-grouse" means the species of bird classified as
Centrocercus urophasianus
.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.423 - "Habitat quantification tool" defined

Current through June 11, 2024
"Habitat quantification tool" means the science-based method of
				calculating debits and credits in the Nevada Conservation Credit
				System.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.430 - "Mineral exploration" defined

Current through June 11, 2024
"Mineral exploration" means the exploration of gas, oil, coal
				and other gaseous, liquid and solid hydrocarbons, oil shale, cement material,
				sand, gravel, road material, building stone, chemical raw material, gemstone,
				fissionable and nonfissionable ores, colloidal and other clay, steam and other
				geothermal resources, precious metals, base metals and industrial
				minerals.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.433 - "Nevada Conservation Credit System" defined

Current through June 11, 2024
"Nevada Conservation Credit System" means the system
				established by the Sagebrush Ecosystem Council pursuant to
				NRS
				232.162 that calculates:
1. Debits that will be caused by a proposed
			 activity or a project.
2. Credits
			 that are created to protect, enhance or restore sagebrush ecosystems.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.438 - "Program Manager" defined

Current through June 11, 2024
"Program Manager" means the program manager of the Sagebrush
				Ecosystem Technical Team.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.440 - "Public lands" defined

Current through June 11, 2024
"Public lands" means all lands within the exterior boundaries
				of the State of Nevada except lands to which title is held by any private
				person, private entity or local government.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.445 - "Sagebrush Ecosystem Council" defined

Current through June 11, 2024
"Sagebrush Ecosystem Council" means the Sagebrush Ecosystem
				Council created by
				NRS
				232.162.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.447 - "Sagebrush Ecosystem Technical Team" defined

Current through June 11, 2024
"Sagebrush Ecosystem Technical Team" means the interagency
				technical team created by the Governor pursuant to Executive Order No. 2012-19
				to support the Sagebrush Ecosystem Council.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.450 - "Verifier" defined

Current through June 11, 2024
"Verifier" means a person trained and certified by the
				Sagebrush Ecosystem Technical Team to use the habitat quantification tool for
				the purpose of calculating:
1. The
			 debits related to an anthropogenic disturbance; and
2. The number of credits necessary to offset
			 such debits.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.460 - Applicability

Current through June 11, 2024
1. Except as otherwise provided in this
			 section and to the extent it is not prohibited by federal law, the provisions
			 of sections 2 to 19, inclusive apply to any person or entity that proposes an
			 activity or project on public lands subject to state or federal review,
			 approval or authorization, that will cause an anthropogenic
			 disturbance.
2. The provisions of
			 sections 2 to 19, inclusive do not apply to:
(a) A direct anthropogenic disturbance on
			 private lands;
(b) An activity or
			 project which was approved by all relevant federal agencies and state agencies
			 before December 7, 2018, so long as the activity or project maintains
			 compliance with any condition or requirement for any such approval;
(c) An activity or project using a mitigation
			 agreement or framework agreement for greater sage-grouse signed by the United
			 States Fish and Wildlife Service before December 7, 2018, and any amendments
			 thereto;
(d) A mineral exploration
			 project which is limited to a surface disturbance of not more than 5
			 acres;
(e) An activity or project
			 that:
(1) Is necessary to protect public
			 health or safety; or
(2) Will have
			 a de minimis impact to greater sage-grouse and sagebrush ecosystems in this
			 State; or
(f) Any
			 emergency activity or routine administrative activity that:
(1) Is performed by a federal agency, state
			 agency, local government or utility for a public purpose; and
(2) Does not require any additional approval
			 from the Federal Government or the State.
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.470 - Duties of person or entity proposing activity or project on public lands that will cause anthropogenic disturbance; submission of certain information to Sagebrush Ecosystem Technical Team; criteria for approval of mitigation plan by Council

Current through June 11, 2024
1. Any person or
			 entity that proposes an activity or a project on public lands, subject to state
			 or federal review, approval or authorization, that will cause an anthropogenic
			 disturbance shall:
(a) Submit to the
			 Sagebrush Ecosystem Technical Team sufficient information for determining the
			 adverse impact the proposed activity or project will have to the greater
			 sage-grouse or the habitat of the greater sage-grouse, including, without
			 limitation, geographic information system data files and work with the
			 Sagebrush Ecosystem Technical Team to avoid and minimize such adverse impact to
			 the greatest extent possible; and
(b) Have the direct and indirect impacts of
			 the anthropogenic disturbance:
(1) Quantified
			 by a verifier in terms of the number of debits that the activity or project
			 will cause. Upon completion of his or her calculations, the verifier shall
			 submit the calculations to the Program Manager. The Program Manager shall use
			 the habitat quantification tool and available field data to conduct a quality
			 assurance of the calculations of the verifier not later than 30 days after the
			 verifier submits his or her final calculations to the Program Manager. If there
			 is a difference between the calculations of debits by the verifier and Program
			 Manager, the Program Manager will work with the verifier to finalize the
			 calculation. If there is still a difference between the calculations of debits
			 by the verifier and the Program Manager, the calculations of debits by the
			 Program Manager apply to the activity or project; and
(2) Mitigated by:
(I) Acquiring from or transferring a
			 sufficient number of credits in the Nevada Conservation Credit System to offset
			 the number of debits determined pursuant to subparagraph (1); or
(II) Developing a mitigation plan with the
			 Sagebrush Ecosystem Technical Team approved by the Sagebrush Ecosystem Council
			 pursuant to subsection 2 that will generate enough credits to offset the direct
			 and indirect adverse impacts the proposed activity or project will have to the
			 greater sage-grouse or the habitat of the greater
			 sage-grouse.
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.475 - Issuance of certification of mitigation by Program Manager; compliance with terms set forth in certification

Current through June 11, 2024
1. Not later than
			 10 working days after completion of the process set forth in section 17 of this
			 regulation, the Program Manager must issue to the person or entity that is
			 proposing the activity or project a certification of mitigation that sets
			 forth:
(a) The number of credits that the
			 person or entity will acquire from or transfer to the Nevada Conservation
			 Credit System; or
(b) The
			 mitigation plan approved by the Sagebrush Ecosystem Council pursuant to section
			 17 that will mitigate the direct and indirect adverse impacts that the proposed
			 activity or project will have to the greater sage-grouse or the habitat of the
			 greater sage-grouse.
Nevada Administrative Code › Chapter 232 - State Departments › SAGEBRUSH ECOSYSTEM COUNCIL: MITIGATION OF ADVERSE IMPACT TO GREATER SAGE-GROUSE AND HABITAT › Section 232.480 - Training and certification of verifiers by Sagebrush Ecosystem Technical Team; maintenance of list of trained and certified verifiers

Current through June 11, 2024
The Sagebrush Ecosystem Technical Team shall:
1. Train and certify persons to be verifiers;
			 and
2. Maintain a list on the
			 Internet website of the Sagebrush Ecosystem Program of all verifiers who have
			 been so trained and certified for the current calendar year.
Added to NAC
				by Dep't of Commerce by
				R024-19A,
				eff. 10/22/2019
NRS
				232.162
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.002 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 233.003 to 233.008, inclusive, have the meanings ascribed to them in those sections.
Supplied in codification; A by Equal Rights Comm'n by R067-06, 11-16-2006
NRS NRS 233.150
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.020 - Construction; deviation from rules

Current through June 11, 2024
1. The Commission will liberally construe its rules of practice to secure just, speedy and economical determination of all issues before it.
2. The Commission may permit deviation from its rules of practice where good cause appears.
Equal Rights Comm'n, Rules 1.11 & 1.12, eff. 10-15-81
NRS NRS 233.150
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.040 - Submission of information concerning alleged discrimination

Current through June 11, 2024
1. Any person may submit information to the Commission concerning alleged discrimination. Where the information discloses that a person is entitled to file a complaint with the Commission, the Commission's staff shall render its assistance for the filing.
2. A member of the Commission or its staff may also bring to the attention of the Commission information on which to base an investigation.
Equal Rights Comm'n, Rule 3.14, eff. 10-15-81
NRS NRS 233.150
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.050 - Date of occurrence of discriminatory practice

Current through June 11, 2024
If an unlawful discriminatory practice is of a continuing nature, the date of the occurrence of the practice shall be deemed to be any date after the commencement of the practice up to and including the date upon which the practice ceases.
Equal Rights Comm'n, Rule 3.10, eff. 10-15-81
NRS NRS 233.150, 233.160
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.060 - Complaints: Submission; forms

Current through June 11, 2024
1. A complaint may be submitted to the Commission at its office in Las Vegas or Reno or submitted to any representative of the Commission.
2. Forms for making complaints are available at the offices of the Commission. The Commission's staff shall render appropriate assistance in filling out forms.
Equal Rights Comm'n, Rules 3.11 & 3.12, eff. 10-15-81-NAC A 6-22-94
NRS NRS 233.150, 233.157, 233.160
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.070 - Complaints: Contents; limitation upon receipt; amendment

Current through June 11, 2024
1. Each complaint must contain:
(a) The full name and mailing address of the person making the complaint;
(b) The full name and mailing address of the respondent;
(c) A clear and concise statement of the facts and allegations, including pertinent dates, which if true would support a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred; and
(d) An affirmation that the allegations in the complaint are true, which must be signed by the complainant under penalty of perjury.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.080 - Complaints: Action upon receipt; service on and action by respondent

Current through June 11, 2024
1. Upon receipt of a complaint alleging discrimination, the Commission will designate the complaint as one of the following types of cases:
(a) Category A case. A complaint will be designated a category A case if:
(1) Further investigation of the complaint will likely result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred; or
(2) Irreparable harm will result if the processing of the complaint is not expedited.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.100 - Withdrawal of complaint

Current through June 11, 2024
A filed complaint or any part of it may be withdrawn pursuant to a written request by the complainant. The Commission will send written notice of such a withdrawal to each party who has been previously notified of the complaint.
[Equal Rights Comm'n, Rule 7.10, eff. 10-15-81]-(NAC A 6-22-94)
NRS NRS 233.150, 233.157
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.103 - Representation of parties

Current through June 11, 2024
1. During any stage of a matter before the Commission:
(a) A party may represent himself;
(b) A person designated by an employer may represent the employer;
(c) The Administrator may represent himself;
(d) A member of the staff of the Commission may represent himself; or
(e) An attorney may represent any of the persons listed in paragraphs (a) to (d), inclusive.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.105 - Informal meeting to attempt settlement

Current through June 11, 2024
1. At an informal meeting to attempt a settlement of the case, the Commission or any of the participating parties may take verbatim notes. The informal meeting may not be recorded electronically.
2. Statements which pertain to the allegations in the complaint or proposals for settlement may not be introduced as evidence of liability at a subsequent public hearing.
3. During the informal meeting, each party is entitled to be heard personally or through counsel regarding the allegations in the complaint or to discuss settlement of the case. All questions and statements must be addressed to the Commission. Not more than three persons, including any attorney appearing as counsel, may participate in the informal meeting on behalf of either party.
4. The parties must consent to the presence of nonparty representatives at the informal meeting, except the consent of the parties is not required for the presence of an attorney appearing as counsel for a party.
5. Either party may waive the right to participate in the informal meeting. If either party fails to cooperate with the Commission in any matter concerning the informal meeting, the Commission will consider such a failure to cooperate a waiver of the right to participate in the informal meeting.
6. The informal meeting may be conducted by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.
[Equal Rights Comm'n, Rule 4.12, eff. 10-15-81]-(NAC A 6-22-94; R067-06, 11-16-2006)
NRS NRS 233.150, 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.110 - Investigation of discriminatory practices

Current through June 11, 2024
1. If the parties do not settle the case and the Administrator conducts an investigation into the alleged discriminatory practice, the Administrator may request any information from a party or witness that he deems necessary to conduct and conclude the investigation.
2. During an investigation, the Administrator may apply to the Chairman of the Commission for the issuance of:
(a) A subpoena duces tecum requiring the production of books, records, papers, documents or other tangible items which are relevant to the investigation; or
(b) A subpoena requiring the attendance of a witness who is relevant to the investigation during the investigation.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.115 - Confidentiality of information gathered during investigation

Current through June 11, 2024
1. Except as otherwise provided in NRS NRS 233.190, all information gathered by the Commission during the course of an investigation of an alleged unlawful discriminatory practice in housing, employment or public accommodations is confidential.
2. Pursuant to paragraph (b) of subsection 3 of NRS NRS 233.190, the Commission will disclose the information it has gathered during the course of an investigation to the complainant and the person against whom the unlawful discriminatory practice is alleged if an action has been filed in a court of competent jurisdiction concerning the complaint. However, the Commission will not disclose this information unless the person seeking the information obtains a subpoena from the court in which the action is pending and pays any fees for the issuance or service of a subpoena required by the rules of procedure of the court which issued the subpoena.
Added to NAC by Equal Rights Comm'n by R067-06, eff. 11-16-2006
NRS NRS 233.150, 233.190
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.125 - Rules of evidence; informality of proceedings

Current through June 11, 2024
1. In conducting an investigation, inquiry or hearing, the Commission is not bound by the technical rules of evidence and the informality in any proceeding or the manner or order of the taking of testimony does not invalidate any order, decision or regulation adopted, approved or confirmed by the Commission.
2. Generally, the Commission will follow the rules of evidence used in the courts of this State, but the Commission, in its discretion, may relax those rules if deviation from those rules will aid in ascertaining the facts.
3. To be admitted at a hearing, evidence must be material and relevant to the issues presented at the hearing.
4. If a party at a hearing objects to the admissibility of evidence, the Commission may receive the evidence subject to any subsequent ruling of the Commission.
5. The Commission may, with or without objection, exclude inadmissible, incompetent, cumulative or irrelevant evidence.
6. If a party objects to the introduction of evidence, the party shall briefly state the grounds of the objection at the time the evidence is offered.
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 233.130 - Conciliation

Current through June 11, 2024
1. In an attempt to mediate between the parties after an investigation and a finding of probable cause, the Administrator shall hold a meeting between the parties to attempt to achieve a just resolution to the controversy and obtain assurances that the respondent will eliminate the unlawful discriminatory practice. A disposition of a case pursuant to this subsection will be in writing, and notice thereof will be sent to the parties. The Commission may require such proof of compliance as it deems appropriate before the case is closed.
2. The Commission may terminate its efforts toward conciliation and determine whether to close the case or to hold a public hearing on the matter if:
(a) A complainant or respondent fails or refuses to:
(1) Confer with the Commission or its representative; or
(2) Make a good faith effort to resolve the dispute.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.135 - Stipulations

Current through June 11, 2024
1. With the approval of the Commission, the parties may stipulate to any fact at issue by written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record.
2. Any stipulation is binding upon all parties to the stipulation and may be treated as evidence at the hearing.
3. The Commission may demand proof by requiring evidence of facts stipulated.
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 233.145 - Briefs

Current through June 11, 2024
1. The Commission may order the parties to a hearing to file briefs, and the Commission may specify a time limit for the filing of those briefs.
2. When a party to a hearing files a brief, the party must file three copies of the brief with the Commission.
3. An acknowledgment of service or a certificate of mailing must accompany each brief to other parties of record.
4. Following the filing of briefs and after deciding contested motions, the Commission may set the matter for oral argument and give reasonable notice to all parties.
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 233.150 - Consolidation of hearings

Current through June 11, 2024
At the request of any party or on the Commission's own initiative, two or more public hearings may be consolidated when it appears that the issues are substantially the same and that the rights of the parties will not be prejudiced by the consolidation. At a consolidated hearing, the person who conducts the hearing shall determine the order in which the parties introduce their evidence and the order in which they open and close their cases.
[Equal Rights Comm'n, Rule 5.10, eff. 10-15-81]-(NAC A 6-22-94)
NRS , 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.155 - Continuances

Current through June 11, 2024
The Commission may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter, or for any other just cause.
Added to NAC by Equal Rights Comm'n by R067-06, eff. 11-16-2006
NRS NRS 233.150, 233.170
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.160 - Powers of persons who conduct hearings

Current through June 11, 2024
For purposes of a public hearing which will result in the issuance of a determination or decision, the person who conducts the hearing may:
1. Call and examine witnesses.
2. Issue subpoenas.
3. Take depositions and obtain discovery by other methods.
4. Apply to the district court for enforcement of a subpoena which he has issued.
5. Regulate the scheduling and conduct of hearings.
6. Hold appropriate conferences before or during a hearing.
7. Take any other action appropriate to the discharge of his duties.
8. Exclude from a hearing any person whose conduct is contemptuous.
[Equal Rights Comm'n, Rule 5.12, eff. 10-15-81]-(NAC A 6-22-94)
NRS NRS 233.150
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.170 - Subpoenas

Current through June 11, 2024
1. Before a public hearing, any party may apply to the Chairman of the Commission for the issuance of:
(a) A subpoena to compel a witness to attend the hearing and give testimony; or
(b) A subpoena duces tecum to require the production of books, papers, documents or tangible things.
Nevada Administrative Code › Chapter 233 - Nevada Equal Rights Commission › Section 233.180 - Depositions

Current through June 11, 2024
1. The testimony of any material witness residing within or without the State may be taken by deposition in the manner prescribed by the Nevada Rules of Civil Procedure.
2. In any proceeding before the Commission, the provisions of subsections (d) and (e) of Rule 26 of the Nevada Rules of Civil Procedure, insofar as the provisions are appropriate, apply to the use of depositions, any objections to their admissibility and the effect of taking or using depositions.
Equal Rights Comm'n, Rule 5.14, eff. 10-15-81
NRS NRS 233.150