reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.245 - Deviation from provisions of chapter

Current through June 11, 2024
The Commission or presiding officer may allow deviation from the provisions of this chapter if:
1. Good cause for the deviation appears;
2. The person requesting the deviation provides a specific reference to each provision of this chapter from which deviation is requested; and
3. The Commission or presiding officer finds that the deviation is in the public interest and not contrary to statute.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.250 - Computation and extension of time

Current through June 11, 2024
Except as otherwise provided by law:
1. In computing any period prescribed or allowed by any regulation of the Commission, the day of the act, event or default from or after which the designated period begins to run is not included. The last day of the period so computed is included, but if it is not a working day, the period runs until the end of the next day which is a working day.
2. If an act is required or allowed under any regulation of the Commission, or any notice given thereunder, to be done within a specified period, the period will be extended by the Commission, for good cause shown, upon a motion made before the specified period expires.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › General Provisions › Section 455.255 - Civil penalties and remittances

Current through June 11, 2024
A civil penalty or remittance by money order, bank draft or check to the Commission must be made payable to the "Public Utilities Commission of Nevada." A remittance in currency or coin is acceptable but is sent wholly at the risk of the remitter, and the Commission assumes no responsibility for the loss of such a remittance.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 455.170, 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.270 - Rights of staff

Current through June 11, 2024
The staff may appear, may be represented by counsel for the staff and may intervene in all hearings before the Commission on a complaint without filing a petition for leave to intervene.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.275 - Rights of parties

Current through June 11, 2024
In any hearing before the Commission, each party to a complaint is entitled to enter an appearance, introduce relevant evidence, examine and cross-examine witnesses, make arguments, make and argue motions, and generally participate in the proceeding.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.280 - Appearances

Current through June 11, 2024
A party to a complaint may enter an appearance at the beginning of a hearing or at some other time designated by the Commission by giving his or her name and address. If a person is appearing on behalf of a party to a complaint, the person must also identify the party he or she represents.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.285 - Representation of parties and staff; qualifications of attorneys

Current through June 11, 2024
1. Subject to the specific requirements in this section for representation by an attorney, in any proceeding before the Commission, a person may represent himself or herself or may be represented by an attorney. Any other person who satisfies the Commission or presiding officer that the person possesses the expertise and is otherwise competent to advise and assist in the presentation of matters before the Commission may be allowed to appear on behalf of one or more parties. The Commission may, for good cause shown, exclude any representative or impose conditions upon the participation of any representative appearing before the Commission pursuant to this section.
2. The provisions of this section rather than the provisions of Supreme Court Rule 42 govern appearances before the Commission by an attorney who is not admitted and entitled to practice before the Supreme Court of Nevada.
3. An attorney appearing in any proceeding before the Commission must be admitted to practice and in good standing before the highest court of any state or the District of Columbia.
4. With respect to any attorney appearing as a representative in a contested case:
(a) If the attorney is not admitted and entitled to practice before the Supreme Court of Nevada and does not reside in this State, the attorney must associate with an attorney so admitted and entitled to practice and must file a notice of association with the Commission pursuant to this section unless, except as otherwise provided in paragraph (b), the attorney filing the notice has appeared at least once before the Commission in the substantive area of utility regulation governed by the provisions of this chapter in the 3 years immediately preceding the date on which the case is accepted for filing.
(b) Notwithstanding any previous appearance before the Commission by the attorney, the Commission may, for good cause shown, require the attorney to associate with an attorney so admitted and entitled to practice and to file a notice of association pursuant to this section.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.290 - Restriction on former employee acting as representative or expert witness

Current through June 11, 2024
No person who has served as an employee of the Commission may practice or act as an expert witness or representative in connection with any proceeding which is pending before the Commission on the date on which his or her employment was terminated.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.295 - Withdrawal of representative

Current through June 11, 2024
1. Any representative wishing to withdraw from a proceeding before the Commission must make a motion stating the reasons for the requested withdrawal.
2. The presiding officer may order the representative to serve the motion in writing upon the party to the complaint whom he or she represents and upon all parties to the complaint.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Parties and Representatives › Section 455.300 - Standards of conduct; exclusion for contumacious conduct

Current through June 11, 2024
1. Any person appearing in a hearing must conform to recognized standards of ethical and courteous conduct required of practitioners before the courts of this State.
2. Contumacious conduct by any person at any hearing before the Commission is a ground for the exclusion of that person from that hearing and for summary suspension of that person from further participation in the hearing.
3. Smoking is not permitted at any meeting or hearing of the Commission.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Complaints › Section 455.310 - Contents of complaints; supporting documents or evidence; service of documents

Current through June 11, 2024
1. A complaint filed with the Commission must:
(a) Clearly and concisely state the grounds of the complaint and the facts constituting the alleged wrongful acts or omissions;
(b) Set forth each provision of this chapter or NRS 455.080 to 455.180, inclusive, allegedly violated by the respondent;
(c) Identify whether the alleged wrongful acts or omissions constitute:
(1) Negligent violations of the provisions of this chapter or NRS 455.080 to 455.180, inclusive; or
(2) Willful or repeated violations of the provisions of this chapter or NRS 455.080 to 455.180, inclusive; and
(d) Be accompanied by copies of supporting documents or evidence, including, without limitation, a copy of the record of the notification transmitted by the association for operators to operators pursuant to the provisions of NAC 455.120, any extensions granted pursuant to the provisions of NAC 455.165, correspondence and photographs.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Complaints › Section 455.315 - Response; failure to respond

Current through June 11, 2024
1. A respondent who is served with a complaint in accordance with NAC 455.310 shall file with the Commission a written response to the complaint within 15 calendar days after service of the complaint unless, for good cause shown, the Commission extends the time for responding.
2. The response must include, without limitation:
(a) A copy of the record of the notification transmitted by the association for operators to operators pursuant to the provisions of NAC 455.120, if applicable;
(b) Any extensions granted pursuant to the provisions of NAC 455.165;
(c) Correspondence and photographs;
(d) A response to each material allegation of the complaint; and
(e) A full statement of the facts and matters of law relied upon as a defense.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Complaints › Section 455.317 - Staff authorized to file response if staff is not complainant

Current through June 11, 2024
If the staff is not the complainant, the staff may file a response to a complaint within 5 working days after the respondent files a response in accordance with NAC 455.315.
Added to NAC by Pub. Utilities Comm'n by R029-11, eff. 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Complaints › Section 455.330 - Dismissal of complaint

Current through June 11, 2024
If a presiding officer, after receipt of a response to a complaint pursuant to NAC 455.315 and a response, if any, from the staff pursuant to NAC 455.317, believes that no probable cause exists for the complaint, the presiding officer shall request that the Commission vote to dismiss the complaint without prejudice.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Complaints › Section 455.335 - Setting of dates for prehearing conference and public hearing; interim relief

Current through June 11, 2024
If the Commission or presiding officer determines that probable cause exists for a complaint, the Commission or presiding officer shall:
1. Set a date for a prehearing conference;
2. Set a date for a public hearing on the complaint; and
3. Order appropriate interim relief as the Commission or presiding officer deems necessary or prudent.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.340 - Prehearing conference

Current through June 11, 2024
1. The Commission or presiding officer may, upon its or the presiding officer's own motion or a motion made by a party to the complaint, hold a prehearing conference to accomplish one or more of the following purposes:
(a) Formulate or simplify the issues involved in the hearing.
(b) Obtain admissions of fact or any stipulation of the parties.
(c) Arrange for the exchange of proposed exhibits or prepared expert testimony.
(d) Identify the witnesses and the subject matter of their expected testimony and limit the number of witnesses, if necessary.
(e) Rule on any pending procedural motions, motions for discovery or motions for protective orders.
(f) Establish a schedule for the completion of discovery.
(g) Establish any other procedure that may expedite the orderly conduct and disposition of the proceedings.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.345 - Continuances

Current through June 11, 2024
The Commission may, for good cause, either before or during a hearing, grant a continuance of the hearing for the convenience of the parties or the Commission.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.350 - Discovery and investigation

Current through June 11, 2024
1. The Commission, the staff, any party to a complaint or any potential complainant is subject to the provisions of this chapter concerning discovery, but is not bound by the Nevada Rules of Civil Procedure or title 4 of NRS when conducting:
(a) An investigation relating to a violation of this chapter or NRS 455.080 to 455.180, inclusive, before the filing of a complaint;
(b) Any discovery using a written data request or written interrogatories relating to a violation of this chapter or NRS 455.080 to 455.180, inclusive, before or during the course of a proceeding concerning a complaint;
(c) Any oral deposition relating to a violation of this chapter or NRS 455.080 to 455.180, inclusive, before or during the course of a proceeding concerning a complaint; or
(d) Any hearing or similar proceeding concerning a complaint.
No informality in any proceeding or in the manner of taking testimony or conducting discovery will invalidate any order, decision, rule or regulation made. Any investigation or discovery conducted pursuant to this subsection is valid if any information requested is not privileged and is reasonably calculated to obtain information that is relevant to the proceeding.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.355 - Testimony; oath of witnesses; sworn evidence of certain witnesses; cross-examination, redirect examination and recross-examination

Current through June 11, 2024
1. All testimony to be considered by the Commission at a hearing must be sworn testimony, except for matters of which official notice is taken or matters entered by stipulation.
2. Before testifying at the hearing, each witness shall declare, under oath or affirmation, that the testimony the witness is to give at the hearing will be the truth, the whole truth and nothing but the truth.
3. A witness from whom a party to the complaint may request any evidence of facts, but who is not an employee, agent or representative of that party to the complaint is not required to submit to the Commission in advance any prepared testimony. Any party to the complaint may request that written interrogatories, depositions, affidavits or other forms of sworn evidence from such a witness be submitted into evidence at the hearing, if the witness is otherwise made available at the hearing for cross-examination.
4. At the hearing, each party to the complaint may cross-examine an opposing witness in accordance with NRS 233B.123. After cross-examination of the witness, redirect examination of the witness is limited to matters raised during cross-examination. After redirect examination of the witness, recross-examination of the witness is limited to matters raised during redirect examination.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.360 - Authority of Commission or presiding officer

Current through June 11, 2024
1. The Commission or presiding officer will:
(a) Call a hearing to order and take the appearances of the parties to the complaint who are present.
(b) Hold appropriate conferences, including, without limitation, conferences by telephone, before or during the hearing.
(c) Receive and rule on the admissibility of evidence.
(d) Rule on the admissibility of amendments to the pleadings.
(e) Act upon any pending motions or petitions which do not involve a final determination of the proceeding.
(f) Make proposed opinions, findings and conclusions of law.
(g) Issue appropriate interim orders.
(h) Recess the hearing as required.
(i) Rule on all procedural matters.
(j) Set reasonable limits of time for the presentation of oral testimony.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.365 - Order of proceedings; rebuttal evidence; questioning of witnesses by certain persons to clarify testimony

Current through June 11, 2024
1. Complainants may present their evidence first at a hearing. Then the respondents may present their evidence. The Commission will or the presiding officer shall designate the stage of the hearing in which a member of the staff may be heard, if the staff is not the complainant. To the extent practicable, an intervener shall follow the party with respect to whom intervention is made, unless the Commission or presiding officer determines otherwise. If the intervention is not in support of the complainant or respondent, the Commission will or presiding officer shall designate the stage of the hearing at which an intervener may be heard. Evidence must be received in the following order unless the Commission or presiding officer determines that a special circumstance requires a different order:
(a) Complainant;
(b) Respondent;
(c) Staff, if the staff is not the complainant; and
(d) Rebuttal by complainant.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.370 - Order requiring appearance of witness or compelling production of document

Current through June 11, 2024
1. If a party to a complaint fails to respond adequately to a request for discovery, the party requesting the discovery may move for an order for the appearance of a witness at any designated place of a conference, deposition or hearing or for the production of a book, paper or document. Any motion for such an order must be made in the form of a written motion filed with the Commission, or any party to a complaint may request a telephonic conference with the presiding officer regarding a discovery dispute.
2. A motion for an order for the appearance of a witness at any designated place of a conference, deposition or hearing or to compel the production of a book, paper or document must set forth the reasons which support the issuance of the order and must identify, as clearly as possible, the witness, book, paper or document desired.
3. If the motion is granted, the Commission will issue the order and provide for service of the order upon the appropriate person by personal service or certified mail. Where appropriate, the issuance of the order may be conditioned upon an advancement by the moving party of the reasonable cost of the production of books, papers or documents.
4. The Commission will, upon its own initiative or upon a written request by the party to whom the order is directed, quash or modify the order if the order is determined to be unreasonable or oppressive.
5. The Commission may, upon its own initiative, issue an order requiring the attendance and testimony of witnesses and the production of a book, paper, document or other tangible thing.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.375 - Admissibility of evidence: Relevancy

Current through June 11, 2024
1. All evidence offered in a hearing, including, without limitation, the testimony of a witness, must be relevant.
2. For the purposes of this section, evidence is "relevant" only if the evidence has any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.380 - Objections concerning admissibility of evidence

Current through June 11, 2024
1. An objection to the admissibility of evidence may be made by any party to the complaint, and the objection must be ruled on by the presiding officer. When an objection is made to the admission or exclusion of evidence, the grounds relied upon must be stated briefly. The presiding officer shall provide an opportunity for a party to the complaint to respond to an objection raised by any other party regarding the admissibility of evidence. The responses must be brief and state the specific grounds relied upon.
2. An offer of proof for the record must consist of a statement of the substance of the evidence to which an objection has been sustained.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.385 - Stipulations regarding facts in issue

Current through June 11, 2024
1. With the approval of the Commission, the parties may stipulate as to any fact in issue, either by written stipulation introduced in evidence as an exhibit or by an oral statement made upon the record. This stipulation is binding only upon the parties so stipulating and is not binding upon the Commission.
2. The stipulation may be considered by the Commission as evidence at the hearing. The Commission may require proof of the facts stipulated to by independent evidence, notwithstanding the stipulation of the parties. A stipulation without additional proof is not binding on the Commission in its determination of the matter.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.390 - Interim orders

Current through June 11, 2024
1. The Commission may, in the course of a hearing and before entering a decision or a recommended decision, issue an appropriate written interim order.
2. An interim order is not subject to exceptions or petitions for rehearing, reconsideration or reargument, but any party to the complaint aggrieved by the interim order may file a written motion to set aside, stay or modify the order.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.395 - Official notice

Current through June 11, 2024
The Commission may take official notice of the following matters:
1. Rules, regulations, official reports, decisions and orders of the Commission and any other agency of this State.
2. Contents of decisions, orders, certificates and permits issued by the Commission.
3. Matters of common knowledge and technical or scientific facts of established character.
4. Certified copies of documents, including, without limitation, a copy of a record of notification transmitted by an association for operators to an operator or excavator, if pertinent and properly introduced into the record of formal proceedings by reference. A proper and definite reference to a document must be made by the party offering the document, and the document must be generally circulated to each party to the complaint.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.400 - Briefs

Current through June 11, 2024
In any hearing, the Commission or presiding officer may order briefs to be filed within a reasonable time. The briefs must be filed in accordance with the provisions of NAC 703.132 and must be accompanied by an acknowledgment of or an affidavit showing service on each party to the complaint.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.405 - Oral arguments

Current through June 11, 2024
The Commission may, following the filing of briefs or upon contested motions, set the matter for oral argument upon 10 working days' notice to each party to the complaint, unless the Commission considers a shorter time advisable.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.410 - Submission of matter for decision

Current through June 11, 2024
Unless otherwise specifically ordered, a matter stands submitted for decision by the Commission at the close of the hearing.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.415 - Reopening proceedings to receive additional evidence

Current through June 11, 2024
At any time after the conclusion of a hearing and before the issuance of a final order, the Commission, on its own motion, may reopen the proceedings for the taking of additional evidence.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.425 - Date of issuance and effective date of order

Current through June 11, 2024
1. The date of the issuance of an order is the day the Secretary signs and verifies the order and affixes the seal of the Commission on the order. The date of issuance of an order may or may not be the day of decision by the Commission. The Secretary shall clearly indicate on each order the date of its issuance.
2. Unless otherwise specifically provided in the order, an order of the Commission is effective as of the date of its issuance.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004; A by R029-11, 2-20-2013
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.430 - Petition for reconsideration or rehearing

Current through June 11, 2024
1. A petition for reconsideration must specifically:
(a) Identify each portion of the challenged order which the petitioner deems to be unlawful, unreasonable or based on erroneous conclusions of law or mistaken facts; and
(b) Cite those portions of the record, the law or the rules of the Commission which support the allegations in the petition. The petition may not contain additional evidentiary matter or require the submission or taking of evidence.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.435 - Copies of transcripts

Current through June 11, 2024
Any party may obtain a copy of the transcript of a hearing before the Commission from the official reporter upon payment of the fees fixed therefor. The original and one copy of each transcript must be provided to the Commission by the initiating party within 15 calendar days after the close of the hearing unless otherwise ordered by the Commission.
Added to NAC by Pub. Utilities Comm'n by R156-03, eff. 8-25-2004
NRS 703.025, 704.260, 704.280
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.445 - Reimbursement for costs of prosecution: Procedure; determination of reimbursable costs

Current through June 11, 2024
1. If a civil penalty is assessed by the Commission and the complainant wishes to recover his or her costs pursuant to subsection 6 of NRS 455.170, within 5 working days after the service of the order of the Commission, the complainant must file with the Commission and serve upon the respondent a statement of costs:
(a) Detailing the costs incurred; and
(b) Verified under oath by the complainant that, to the best of the complainant's knowledge and belief:
(1) The statement is correct and complies with this section; and
(2) The costs incurred were related to prosecuting the complaint.
Nevada Administrative Code › Chapter 455 - Excavations and Demolitions › ADMINISTRATIVE PROCEEDINGS AND PRACTICE › Hearings › Section 455.450 - Reimbursement for costs of prosecution: Order; payment

Current through June 11, 2024
1. Within 15 calendar days after determining the reimbursable fees, the Commission will enter an order establishing the reimbursable fees as determined pursuant to NAC 455.445.
2. The Commission will pay the reimbursable fees to the complainant upon:
(a) Entry of the order; and
(b) Receipt of the civil penalty from the respondent.
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › Section 455.Sec. 2 - NEW

Current through June 11, 2024
1.
		  "Equipment and apparatuses used in connection with a water heater" means the
		  following systems and rooms that are used for fuel-fired water heater systems:
(a) The emergency shut-off valve described in
		  NAC
		  455C.206;
(b) Carbon monoxide monitoring
		  systems;
(c) Air and ventilation
		  systems as described in NAC
		  455C.270;
		  and
(d) Any rooms and any exits
		  from such rooms that are described in NAC
		  455C.272.
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › Section 455.Sec. 3 - NEW

Current through June 11, 2024
"Water heater" has the meaning ascribed to it in NRS
			 455C.085.
Added
			 to NAC by Div. of Industrial Relations by
			 R033-21A,
			 eff. 9/19/2022;
			 Added to NAC by Div. of Industrial Relations by
			 R033-21A,
			 eff. 9/19/2022
NRS
				455C.110 and
				455C.112
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › Section 455.Sec. 4 - NEW

Current through June 11, 2024
A boiler must have a single, permanent means for disconnecting
			 the boiler from all sources of electricity. The disconnecting means must
			 be:
1. Of at least a general-duty
		  type;
2. Capable of being locked in
		  the open position;
3. Installed at
		  an accessible location; and
4. An
		  integral part of the boiler or located within 5 feet of the
		  boiler.
Added
			 to NAC by Div. of Industrial Relations by
			 R034-21A,
			 eff. 7/26/2023
NRS
				455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.002 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC
				455C.004 to 455C.012, inclusive,
				have the meanings ascribed to them in those sections.
Added to NAC by Div. of
				Industrial Relations by R101-02, eff. 12-15-2004; A by R077-14,
				1-16-2015
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.006 - "Chief" defined

Current through June 11, 2024
"Chief" means the Chief Administrative Officer of the
				Mechanical Compliance Section.
Added to NAC by Div. of
				Industrial Relations by R101-02, eff. 12-15-2004; A by R077-14, 1-16-2015; A by
				R045-20A,
				eff. 10/26/2020
NRS
				455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.008 - "Division" defined

Current through June 11, 2024
"Division" means the Division of Industrial Relations of the
				Department of Business and Industry.
Added to NAC by Div. of
				Industrial Relations by R101-02, eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.010

Current through June 11, 2024
Added to NAC by Div. of
				Industrial Relations by R101-02, eff. 12-15-2004; R by
				R045-20A,
				eff. 10/26/2020
NRS
				455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.012 - "Mechanical Compliance Section" defined

Current through June 11, 2024
"Mechanical Compliance Section" means the Section which has
				been created within the Division as the regulatory authority with jurisdiction
				for the enforcement of the provisions of this chapter and chapter 455C of NRS
				governing the construction, installation, operation, testing, maintenance,
				alteration or repair of a boiler or pressure vessel or an elevator and related
				equipment.
Added to NAC by Div. of
				Industrial Relations by R077-14, eff. 1-16-2015; A by
				R045-20A,
				eff. 10/26/2020
NRS
				455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.015 - Regulatory authority and jurisdiction for enforcement of certain provisions

Current through June 11, 2024
For the purposes of the publications adopted by reference in
				NAC 455C.500, the Mechanical
				Compliance Section is the regulatory authority and the authority having
				jurisdiction for the enforcement of this chapter, chapter 455C of NRS and the
				provisions of the publications.
Added to NAC by Div. of
				Industrial Relations by R077-14, eff. 1-16-2015
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › GENERAL PROVISIONS › Section 455C.Sec. 1 - NEW

Current through June 11, 2024
A machine room, hoistway, pit area or control space of an
				elevator or any other area related to a machine room, hoistway, pit area or
				control space may be accessed only by:
1. Authorized personnel who carry:
(a) A certificate as an elevator
			 mechanic;
(b) A work card as an
			 elevator mechanic apprentice;
(c) A
			 work card as an elevator mechanic helper; or
(d) A certificate of competency as a special
			 inspector.
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.020 - Definitions

Current through June 11, 2024
As used in NAC 455C.020 to
				  455C.300,
				  inclusive, and sections 2 and 3, unless the context otherwise requires, the
				  words and terms defined in NAC
				  455C.022
				  to
				  455C.106,
				  inclusive, and sections 2 and 3 have the meanings ascribed to them in those
				  sections.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R033-21A,
				  eff. 9/19/2022; A by
				  R033-21A,
				  eff. 9/19/2022
NRS
					 455C.110 and
					 455C.112
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.022 - "Alteration" defined

Current through June 11, 2024
"Alteration" means a change in any item described in the data
				  report from the original manufacturer for a boiler or pressure vessel which
				  affects the capability of the boiler or pressure vessel to contain pressure,
				  and includes:
1. Changes which do not
				physically alter the boiler or pressure vessel, including, without limitation,
				an increase in the maximum allowable internal or external working pressure in
				the boiler or pressure vessel or a change in the temperature at which a boiler
				or pressure vessel is designed to be operated; and
2. A reduction in the minimum temperature of
				a boiler or pressure vessel which requires additional mechanical
				tests.
Added to NAC by Div.
				  of Industrial Relations by R101-02, eff.
				  12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.024 - "Authorized inspection entity" defined

Current through June 11, 2024
"Authorized inspection entity" means:
1. The Mechanical Compliance
				Section;
2. An insurance company
				that:
(a) Is licensed in this State to write
				insurance for a boiler or pressure vessel; and
(b) Employs or contracts with a special
				inspector who has been issued a certificate; or
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.026 - "Boiler" defined

Current through June 11, 2024
"Boiler" has the meaning ascribed to it in
				  NRS
				  455C.020 and includes the equipment and
				  apparatuses used in connection with a water heater.
Added to NAC by Div.
				  of Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R033-21A,
				  eff. 9/19/2022; A by
				  R033-21A,
				  eff. 9/19/2022
NRS
					 455C.110 and
					 455C.112
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.028 - "Boiler inspector" defined

Current through June 11, 2024
"Boiler inspector" means a person who:
1. Inspects boilers or pressure
				vessels;
2. Holds a commission;
				and
3. Is employed or retained as
				an independent contractor by an authorized inspection entity.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.030 - "Certificate" defined

Current through June 11, 2024
"Certificate" means a certificate to work as a special
				  inspector that is issued by the Mechanical Compliance Section pursuant to NAC
				  455C.130.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R045-20A,
				  eff. 10/26/2020
NRS
				  455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.032 - "Code" defined

Current through June 11, 2024
"Code" means:
1. Any
				provision of a code relating to the construction, installation, inspection,
				repair or alteration of boilers and pressure vessels that has been approved by
				the National Board; or
2. Any
				provision set forth in NAC
				455C.020 to
				455C.300, inclusive, and section
				1, including, without limitation, any provision set forth in a publication
				adopted by reference in NAC
				455C.108.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R034-21A,
				  eff. 7/26/2023
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.034 - "Commission" defined

Current through June 11, 2024
"Commission" means the commission issued by the National
				  Board to a person who is authorized to make inspections of boilers or pressure
				  vessels.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.036 - "Contractor" defined

Current through June 11, 2024
"Contractor" has the meaning ascribed to it in
				  NRS
				  624.020.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.038 - "Electric boiler" defined

Current through June 11, 2024
"Electric boiler" means a power boiler or heating boiler in
				  which the source of heat is electricity.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.040 - "Existing installation" defined

Current through June 11, 2024
"Existing installation" means any boiler or pressure vessel
				  constructed, installed, placed in operation or contracted for use in this State
				  before December 15, 2004.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.042 - "External inspection" defined

Current through June 11, 2024
"External inspection" means an inspection which is made when
				  a boiler or pressure vessel is operating.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.044 - "Factor of safety" defined

Current through June 11, 2024
"Factor of safety" means the figure arrived at by dividing
				  the pressure which will burst a boiler or pressure vessel by the maximum
				  allowable working pressure as determined by the formulas set forth in the code
				  that was applicable when the boiler or pressure vessel was constructed.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.046 - "Fired pressure vessel" defined

Current through June 11, 2024
"Fired pressure vessel" means a vessel other than a boiler in
				  which steam or vapor pressure is generated in excess of 15 pounds per square
				  inch gauge by direct firing with a solid, liquid or gaseous fuel or by an
				  electric heating element.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.048 - "Heat exchanger" defined

Current through June 11, 2024
"Heat exchanger" means a device for transferring energy in
				  the form of heat from a warmer medium to a cooler medium. The term includes a
				  radiator.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.050 - "High-pressure, high-temperature water boiler" defined

Current through June 11, 2024
"High-pressure, high-temperature water boiler" means a water
				  boiler that operates at pressures in excess of 160 PSIG and at temperatures in
				  excess of 250 degrees Fahrenheit.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.052 - "Hot water heating boiler" defined

Current through June 11, 2024
"Hot water heating boiler" means a boiler that is designed to
				  heat water for circulation through an external system for space heating.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.054 - "Hot water supply boiler" defined

Current through June 11, 2024
"Hot water supply boiler" means a boiler that is used to heat
				  water for purposes other than space heating.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.056 - "Inspection for an operating permit" defined

Current through June 11, 2024
"Inspection for an operating permit" means an
				  inspection:
1. That is used by the
				Mechanical Compliance Section as the basis for issuing, withholding or revoking
				an operating permit; and
2. For
				which a report of inspection is required to be issued.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R045-20A,
				  eff. 10/26/2020
NRS
				  455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.058 - "Inspection organization" defined

Current through June 11, 2024
"Inspection organization" means an owner or user of boilers
				  or pressure vessels who maintains an inspection program that includes
				  inspection procedures which comply with the National Board Inspection Code
				  adopted by reference in NAC
				  455C.108 and have been approved
				  by the Mechanical Compliance Section.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R045-20A,
				  eff. 10/26/2020
NRS
				  455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.060 - "Inspector" defined

Current through June 11, 2024
"Inspector" means a boiler inspector employed by the
				  Mechanical Compliance Section.
Added to NAC by Div. of
				  Industrial Relations by R101-02, eff. 12-15-2004; A by
				  R045-20A,
				  eff. 10/26/2020
NRS
				  455C.110
Nevada Administrative Code › Chapter 455C - Boilers, Elevators and Pressure Vessels › BOILERS AND PRESSURE VESSELS › General Provisions › Section 455C.062 - "Internal inspection" defined

Current through June 11, 2024
"Internal inspection" means as complete an examination as can
				  reasonably be made of the internal and external surfaces of a boiler or
				  pressure vessel while it is not operating and all plates for a manhole or
				  handhole or other closures of openings used for an inspection are
				  removed.
Added to NAC by Div. of Industrial Relations by R101-02,
					 eff. 12-15-2004
NRS 455C.110