reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.830 - Manufacturer required to submit documentation requested by Department to determine compliance; retention of records

Current through June
				  11, 2024
1. For the
				  purposes of determining compliance with NAC
				  445B.780 to
				  445B.846, inclusive, the
				  Department may require any vehicle dealer or short-term lessor of vehicles to
				  submit any documentation requested by the Department that the Department
				  determines is necessary for the effective administration and enforcement of NAC
				  445B.780 to
				  445B.846, inclusive.
2. Any person subject to the provisions of
				  NAC 445B.780 to
				  445B.846, inclusive, must retain
				  all records for at least 3 years from the creation of the record. Such records
				  must be provided to the Department upon request of the Department.
3. The provisions of this section do not
				  require the creation of any new records.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.832 - Inspection of premises of vehicle dealer for purposes of enforcement and administration

Current through June 11,
				  2024
1. For the purposes
				  of enforcing or administering any federal or state law, order, regulation or
				  rule relating to vehicular sources of emissions, an authorized representative
				  of the Department or the Department of Motor Vehicles may enter any premises
				  owned, operated, used, leased or rented by any new or used vehicle dealer in
				  order to inspect any vehicle with a model year of 2025 or later.
2. Nothing in the provisions of NAC
				  445B.780 to
				  445B.846, inclusive, limits the
				  authority of the Department pursuant to
				  NRS
				  445B.240 to enter and inspect
				  premises.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.834 - Certain warranties required to be provided to purchaser and included with vehicle

Current through June 11,
				  2024
1. Beginning with
				  model year 2025, each manufacturer of passenger cars, light-duty trucks,
				  medium-duty vehicles and motor vehicle engines subject to the requirements of
				  NAC 445B.780 to
				  445B.846, inclusive, must
				  provide to the ultimate purchaser of the vehicle and each subsequent purchaser
				  a warranty that complies with the requirements set forth in:
(a) Sections 2035, 2037 and 2038 of Title 13
				  of the
California Code of Regulations
, as adopted by reference
				  pursuant to NAC
				  445B.816;
(b) Section 2040 of Title 13 of the
California Code of Regulations
, as adopted by reference
				  pursuant to NAC
				  445B.816; and
(c) Section 2046 of Title 13 of the
California Code of Regulations
, as adopted by reference
				  pursuant to NAC
				  445B.816.
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.836 - Compliance with requirements for emissions-related recall campaigns; exception

Current through June 11, 2024
1. Except as otherwise provided in subsection
				  2, for all passenger cars, light-duty trucks, medium-duty vehicles, and motor
				  vehicle engines subject to an emissions-related recall in the state of
				  California, each manufacturer shall undertake a recall campaign in this State
				  pursuant to sections 2111 to 2135, inclusive, of Title 13 of the
California Code of Regulations
, as adopted by reference
				  pursuant to NAC
				  445B.816.
2. A manufacturer is not required to
				  undertake a recall campaign pursuant to subsection 1 if the manufacturer
				  demonstrates to the Department that such emissions-related recall is not
				  applicable to vehicles registered in this State.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.838 - Zero emission vehicles: Required certification; duty of manufacturer

Current through June 11, 2024
1. Beginning with model year 2025, all zero
				  emission vehicles must be certified by the Executive Officer of CARB in
				  accordance with section
				  1962.2(a) of
				  Title 13 of the
California Code of Regulations
, as adopted by
				  reference pursuant to NAC
				  445B.816.
2. Each manufacturer of vehicles must comply
				  with the minimum ZEV credit percentage requirement for the sale of zero
				  emission vehicles set forth in section
				  1962.2(b) of
				  Title 13 of the
California Code of Regulations
, as adopted by
				  reference pursuant to NAC
				  445B.816.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.840 - Early action credits for model years 2022, 2023 and 2024: Authority for manufacturer to earn; management and deposit by Department

Current
				  through June 11, 2024
1.
				  A manufacturer may earn early action credits for any 2022, 2023 and 2024 model
				  year range extended battery electric vehicles, neighborhood electric vehicles,
				  transitional zero emission vehicles and zero emission vehicles the manufacturer
				  produces and delivers for sale in this State on or after January 1, 2022, by
				  reporting the total production and delivery of such vehicles to the Department
				  at the end of the 2022, 2023 and 2024 model years.
2. Any early action credits earned for model
				  years 2022, 2023 and 2024 pursuant to subsection 1 will be managed by the
				  Department and deposited into the manufacturer's account in the California ZEV
				  Credit Reporting and Data Tracking System for use beginning in model year 2025
				  in accordance with NAC
				  445B.842.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.842 - Manufacturer required to open account for banking ZEV credits; deposit of credits in account by Department

Current through June 11,
				  2024
1. Beginning with
				  model year 2025, a manufacturer shall open an account in the California ZEV
				  Credit Reporting and Data Tracking System for banking credits generated in this
				  State. The manufacturer may deposit and earn ZEV credits for each qualifying
				  vehicle delivered for sale in this State in accordance with this section and
				  sections
				  1962.2(c), (d)
				  and (g) of Title 13 of the
California Code of Regulations
, as
				  adopted by reference pursuant to NAC
				  445B.816.
2. For use beginning in model year 2025, the
				  Department shall deposit into the manufacturer's account in the California ZEV
				  Credit Reporting and Data Tracking System any early action credits earned by
				  the manufacturer pursuant to NAC
				  445B.840.
3. For use beginning in model year 2026, once
				  the manufacturer has satisfied all credit obligations for model years 2024 and
				  earlier in California, the Department shall deposit into the manufacturer's
				  account in the California ZEV Credit Reporting and Data Tracking System a
				  number of initial credits equal to the manufacturer's 2025 model year starting
				  California credit balance multiplied by the number of new passenger cars and
				  light-duty trucks the manufacturer produced and delivered for sale in this
				  State in model year 2024 and divided by the number of new passenger cars and
				  light-duty trucks that the manufacturer produced and delivered for sale in
				  California in model year 2024.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.844 - Annual report by manufacturer of ZEV credits generated or transferred

Current through June 11, 2024
On or before
				  September 1 of each year, each manufacturer must submit to the Department a
				  report detailing the credits generated or credits transferred to or from any
				  manufacturer for each qualifying vehicle produced and delivered for sale in
				  this State during the previous model year. The report must be prepared in the
				  same format as the report submitted to CARB.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.210,
				  445B.760
Nevada Administrative Code › Chapter 445B - Air Controls › EMISSIONS FROM ENGINES › Control of Emissions: Standards for Motor Vehicles Beginning with Model Year 2025 › Section 445B.846 - Manufacturer failing to meet credit obligation required to make up deficiency; administrative fine

Current through June 11,
				  2024
1. A manufacturer
				  that fails to meet the credit obligation for the production and delivery of
				  zero emission vehicles in this State in a given model year must make up the
				  credit deficit by submitting a commensurate amount of ZEV credits to the
				  Director pursuant to and within the time specified in section
				  1962.2(g)(7) of
				  Title 13 of the
California Code of Regulations
, as adopted
				  pursuant to NAC
				  445B.816.
2. If a manufacturer fails to submit an
				  appropriate amount of ZEV credits as required pursuant to subsection 1 and does
				  not make up the deficit, the Director must refer the matter to the Department
				  of Motor Vehicles. The Department of Motor Vehicles may impose an
				  administrative fine on the manufacturer pursuant to
				  NRS
				  445B.835 for each motor vehicle sold by the
				  manufacturer for which the manufacturer did not meet its credit obligation, as
				  determined pursuant to subsection 3.
3. For the purposes of the administrative
				  fine imposed by the Department of Motor Vehicles pursuant to subsection 2, the
				  number of vehicles for which the manufacturer did not meet the credit
				  obligation is equal to the manufacturer's credit deficit, rounded to the
				  nearest 1/100th and calculated according to the equation provided in section
				  1962(g)(8) of Title 13 of the
California Code of Regulations
,
				  as adopted pursuant to NAC 445B.816, provided that the percentage of a
				  manufacturer's ZEV requirement for a given model year that may be satisfied
				  with transitional zero emission vehicles or credits from such vehicles may not
				  exceed the percentages permitted under section
				  1962.2(b)(2) of
				  Title 13 of the
California Code of Regulations
, as adopted by
				  reference pursuant to NAC
				  445B.816.
Added to NAC
				  by Environmental Comm'n by
				  R093-20A,
				  eff. 10/25/2021
NRS
				  445B.760,
				  445B.835
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.850 - Definitions

Current through June 11, 2024
As used in
				  NAC 445B.850 to
				  445B.857, inclusive, unless the
				  context otherwise requires:
1.
				  "Committee" means the Advisory Committee on the Control of Emissions From Motor
				  Vehicles created pursuant to
				  NRS
				  445B.830.
2. "Division of Environmental Protection"
				  means the Division of Environmental Protection of the State Department of
				  Conservation and Natural Resources.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90-Substituted in revision for NAC 445.950; A
				  by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.853 - Advisory Committee on the Control of Emissions From Motor Vehicles: Creation; membership; Chair; Vice Chair

Current through June 11,
				  2024
1. The Advisory
				  Committee on the Control of Emissions From Motor Vehicles is hereby
				  created.
2. The Committee consists
				  of 11 members appointed by the Deputy Director of the Department of Motor
				  Vehicles. The Deputy Director shall appoint:
(a) Two persons who are representatives of
				  the Department of Motor Vehicles;
(b) Two persons who are representatives of
				  the Division of Environmental Protection;
(c) Two persons who are representatives of
				  the Clark County Department of Air Quality and Environmental
				  Management;
(d) One person who is a
				  representative of the Department of Transportation;
(e) One person who is a representative of the
				  State Department of Agriculture;
(f) Two persons who are representatives of
				  the Washoe County District Health Department;
(g) One person, as a nonvoting member, who is
				  a representative of the United States Environmental Protection Agency, Region
				  IX; and
(h) One person, as an
				  alternate member, for each person described in paragraphs (a) to (g),
				  inclusive.
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.855 - Advisory Committee on the Control of Emissions From Motor Vehicles: Terms of Chair and Vice Chair; terms, salaries and removal of members

Current through June 11, 2024
1. Unless removed pursuant to the provisions
				  of subsection 3:
(a) The Chair and the Vice
				  Chair of the Committee serve in that capacity for a term of not more than 2
				  years, as determined by the Deputy Director of the Department of Motor
				  Vehicles, and may be reappointed.
(b) Each member and alternate member of the
				  Committee serves a term of 2 years and may be reappointed. Any person appointed
				  to replace a member or alternate member before the expiration of his or her
				  term serves during the unexpired portion of that term.
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.857 - Advisory Committee on the Control of Emissions From Motor Vehicles: Meetings; quorum; minutes

Current through June 11,
				  2024
1. The Committee
				  shall meet at least quarterly, or more frequently at the call of the Chair, at
				  the time and place designated by the Chair.
2. A majority of all appointed members who
				  are eligible to vote constitutes a quorum. The affirmative votes of a majority
				  of the members present are necessary to adopt a recommendation or approve
				  action.
3. The Chair shall cause
				  written minutes of each meeting to be made and shall forward a copy of the
				  minutes to the Deputy Director of the Department of Motor Vehicles and to the
				  Administrator of the Division of Environmental Protection.
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A 5-26-92; A by Dep't of Motor Veh. by
				  R135-05, 2-23-2006
NRS
				  445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.859 - Eligibility for grant (Repealed)

Current through June 11,
				  2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A 5-26-92; A by Dep't of Motor Veh. by
				  R135-05, 2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.861 - Application for grant: Submission; contents (Repealed)

Current
				  through June 11, 2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A 5-26-92; A by Dep't of Motor Veh. by
				  R135-05, 2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.863 - Application for grant: Action by Committee (Repealed)

Current
				  through June 11, 2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.865 - Application for grant: Consideration of Committee's recommendation; submission to Interim Finance Committee; agreement concerning grant (Repealed)

Current through June 11, 2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.867 - Period of grant; return of unexpended money; authorization to expend money for additional fiscal year (Repealed)

Current through June 11,
				  2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.869 - Quarterly reports by recipient of grant (Repealed)

Current
				  through June 11, 2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.871 - Termination of grant or suspension of payments; denial of or refusal to consider application for grant (Repealed)

Current through June
				  11, 2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 6-20-90; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › ADVISORY COMMITTEE ON THE CONTROL OF EMISSIONS FROM MOTOR VEHICLES › Section 445B.873 - Prerequisites to award of grant (Repealed)

Current through June 11,
				  2024
Added to NAC by Dep't of Motor
				  Veh. & Pub. Safety, eff. 5-26-92; A by Dep't of Motor Veh. by R135-05,
				  2-23-2006; R by
				  R070-17AP,
				  eff. 2/27/2018
NRS 445B.830
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.875 - Definitions

Current through June 11, 2024
1. As used in NAC 445B.875 to 445B.899,
				  inclusive, unless the context otherwise requires, the words and terms defined
				  in NAC 445B.877 to 445B.884, inclusive, have the meanings ascribed to them in
				  those sections.
2. The meanings
				  ascribed to words not included in NAC 445B.877 to 445B.884, inclusive, are in
				  accordance with applicable sections of NAC governing air quality, water
				  pollution or solid waste management and of chapters 444, 445A, 445B and 459 of
				  NRS.
Environmental Comm'n, Practice
				  Rule 1 § B, eff. 1-7-73; A and renumbered as § 1.2, 1-9-76-NAC A
				  11-9-95; R227-03, 4-20-2004; R135-11, 5-30-2012
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.877 - "Appellant" defined

Current through June 11,
				  2024
1. "Appellant"
				  means any person:
(a) Except as otherwise
				  provided in subsection 2, who requests a hearing before the Commission,
				  pursuant to chapter 278, 444, 444A, 445A, 445B, 459 or 519A of NRS or the
				  Commission's regulations concerning the control of air or water pollution or
				  the management of solid waste; or
(b) Whose appearance before the Commission is
				  required by:
(1) The Director;
(2) An authorized representative of the
				  Director; or
(3) A person who is
				  designated by or pursuant to a county or city ordinance or a regional agreement
				  or regulation to enforce local ordinances or regulations for the control of air
				  pollution.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.879 - "Commission" defined

Current through June 11,
				  2024
"Commission" means the State Environmental
				  Commission or a panel of three or more members of the State Environmental
				  Commission in accordance with
				  NRS
				  445A.610 and
				  445B.350,
				  where appropriate.
Environmental Comm'n, Practice
				  Rule 1 § A par. 2, eff. 4-3-74; A and renumbered as § 1.1.2,
				  1-9-76-Substituted in revision for NAC 445.982
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.882 - "Director" defined

Current through June 11,
				  2024
"Director" means the Director of the
				  Department.
Environmental Comm'n, Practice
				  Rule 1 § A par. 3, eff. 4-3-74; renumbered as § 1.1.3,
				  1-9-76-Substituted in revision for NAC 445.984
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.884 - "Person" defined

Current through June 11,
				  2024
"Person" has the meaning ascribed to it in
				  NRS
				  445B.150.
Environmental Comm'n, Practice
				  Rule 1 § A par. 4, eff. 1-7-73; A 4-3-74; renumbered as § 1.1.4,
				  1-9-76-Substituted in revision for NAC 445.985
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.885 - Inapplicability of provisions to certain appeals of disciplinary action

Current through June 11, 2024
The
				  provisions of NAC
				  445B.875 to
				  445B.899, inclusive, do not
				  apply to the appeal of a disciplinary action taken by the Division of
				  Environmental Protection of the Department pursuant to the provisions of NAC
				  445A.974 to
				  445A.999, inclusive, or
				  459.99951 to
				  459.99972,
				  inclusive.
Added to NAC by
				  Environmental Comm'n by R126-19, eff. 12/29/2020
NRS
				  233B.050,
				  445A.425,
				  445A.860,
				  445A.880
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.886 - Petitions to adopt, file, amend or repeal regulations

Current
				  through June 11, 2024
1.
				  Any interested person may petition the Commission in writing for the adoption,
				  filing, amendment or repeal of any regulation and shall accompany his or her
				  petition with relevant data, views and arguments as required by form
				  1.*
2. Upon submission of a
				  petition, the Commission will within 30 days either deny the petition in
				  writing stating its reasons or initiate regulation-making proceedings in
				  accordance with
				  NRS
				  444.560,
				  445A.435
				  or
				  445B.215,
				  whichever is applicable.
*(See adopting agency for form.)
Environmental Comm'n, Practice
				  Rule 3, eff. 1-9-76-Substituted in revision for NAC
				  445.986
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.888 - Declaratory orders, advisory opinions

Current through June 11,
				  2024
1. Any member of
				  the public may petition the Commission for a declaratory order or an advisory
				  opinion as to the applicability of any statutory provision, Commission
				  regulation or decision as required by form 2.*
2. Upon submission of a petition, the
				  Commission will within 30 days issue a declaratory order or an advisory opinion
				  in writing stating reasons for its action.
*(See adopting agency for
				  form.)
Environmental Comm'n, Practice
				  Rule 6, eff. 1-9-76-Substituted in revision for NAC
				  445.987
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.890 - Appeal of final decision of Department: Request for hearing; basis for appeal

Current through June 11,
				  2024
1. Any person
				  aggrieved by a final decision of the Department may, not later than 10 days
				  after notice of the action of the Department, appeal the decision by filing a
				  request for a hearing before the Commission on a form 3* with the State
				  Environmental Commission, 901 South Stewart Street, Suite 4001, Carson City,
				  Nevada 89701-5249.
2. An appeal of
				  a final decision of the Department must be based upon one or more of the
				  following grounds:
(a) The final decision was
				  in violation of any constitutional or statutory provision;
(b) The final decision was in excess of the
				  statutory authority of the Department;
(c) The final decision was made upon unlawful
				  procedure;
(d) The final decision
				  was affected by other error of law;
(e) The final decision was clearly erroneous
				  in view of the reliable, probative and substantial evidence on the whole
				  record; or
(f) The final decision
				  was arbitrary or capricious or characterized by abuse of discretion.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.891 - Notice of hearing

Current through June 11,
				  2024
1. The Secretary of
				  the Commission will schedule a hearing to be held within 20 days after receipt
				  of the request for a hearing or an order to appear before the Commission unless
				  each party to the hearing waives the right to a hearing within the 20-day
				  period in writing or on the record before the Commission.
2. All of the parties must be notified by
				  registered or certified mail of the date of the hearing which must be no less
				  than 5 days after the date of notification. The notice must include:
(a) A statement of the time, place and nature
				  of the hearing;
(b) A statement of
				  the legal authority and jurisdiction under which the hearing is to be
				  held;
(c) A reference to each
				  paragraph of subsection 2 of NAC 445B.890 which provides a basis for the appeal
				  and a reference to each provision of law allegedly violated; and
(d) A brief and concise statement of the
				  facts which provide the basis for the appeal.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8913 - Prehearing conference

Current through June 11,
				  2024
1. The Commission
				  may, upon its own motion or a motion made by a party, conduct a prehearing
				  conference to:
(a) Formulate, simplify or
				  limit the issues involved in a hearing;
(b) Obtain admissions of fact or any
				  stipulation of the parties which will avoid unnecessary proof;
(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, if necessary, limit the number of
				  witnesses or the scope of their testimony;
(e) Rule on any pending prehearing motions or
				  matters;
(f) Establish a schedule
				  for the filing of motions or the submission of briefs; or
(g) Consider any other action or procedure
				  which may expedite the orderly conduct and disposition of the proceedings or a
				  settlement of the matter.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8914 - Identification of witnesses; identification, exchange and admissibility of exhibits; admissibility and relevancy of evidence

Current
				  through June 11, 2024
1.
				  Except as otherwise provided by an order of the Commission, each party to a
				  hearing before the Commission shall, not later than 5 days before the hearing,
				  provide to every other party:
(a) Notice of
				  the identity of each person who intends to offer direct oral testimony at the
				  hearing; and
(b) A copy of each
				  exhibit which the party intends to offer as evidence in support of the party's
				  position.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8915 - Intervention in certain proceedings

Current through June 11,
				  2024
1. A person, other
				  than a party to a proceeding, who believes that he or she may be directly and
				  substantially affected by the proceeding may request an order to intervene in
				  the proceeding by filing a written petition for leave to intervene with the
				  Commission.
2. Except as otherwise
				  provided in this subsection, a petition for leave to intervene must be filed
				  with the Commission not later than 10 calendar days after the notice of appeal
				  related to the proceeding in which the intervention is sought is filed with the
				  Commission pursuant to the provisions of
				  NRS
				  445B.340. The petitioner shall serve a notice
				  of a petition for leave to intervene upon each party to the proceeding. A party
				  may file a response to the petition within 5 calendar days after receipt of the
				  petition. If a petitioner files a petition for leave to intervene with the
				  Commission after the period prescribed in this subsection, the petition must
				  set forth the reason for the delay in filing the petition. The petition for
				  leave to intervene must:
(a) Identify the
				  proceeding in which the petitioner requests leave to intervene;
(b) Set forth the name and address of the
				  petitioner and, if the petitioner is represented by an attorney or other
				  authorized person, the name, address and telephone number of the attorney or
				  other authorized person;
(c)
				  Contain a clear and concise statement of the direct and substantial interest of
				  the petitioner in the proceeding;
(d) Set forth the manner in which the
				  petitioner will be affected by the proceeding; and
(e) Include a statement indicating whether or
				  not the petitioner intends to present evidence in the proceeding.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.892 - Subpoenas

Current through June 11, 2024
1. Subpoenas to compel attendance of any
				  person at a hearing or to require the production of books, records or other
				  documents may be issued by the Commission.
2. Requests for the issuance of subpoenas
				  must be made to the Commission in writing no less than 5 days prior to the
				  hearing date, setting forth the reason and necessity for the subpoenas. Upon
				  good cause shown, subpoenas may be issued at the request of any party to the
				  hearing at any time. The Commission may issue any subpoenas on its own
				  initiative without request.
3. All
				  costs incident to subpoenas issued at the request of appellant must be borne by
				  the appellant. The Commission may demand payment of those costs prior to the
				  issuance of the subpoenas.
Environmental Comm'n, Practice
				  Rule 5, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 10, 1-9-76-Substituted
				  in revision for NAC 445.990
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8925 - Briefs

Current through June 11, 2024
1. The Commission may, upon its motion or a
				  motion by a party, order the parties to a hearing to file an opening brief, a
				  response brief and a reply brief.
2. Except as otherwise provided by an order
				  of the Commission, if the Commission orders the parties to a hearing to file
				  briefs pursuant to subsection 1:
(a) The
				  party which requested the hearing shall file an opening brief which does not
				  exceed 20 pages in length.
(b) The
				  Department and any other intervening party shall file a response brief which
				  does not exceed 20 pages in length.
(c) The party which requested the hearing
				  shall file a reply brief which does not exceed 10 pages in length. The
				  Commission will consider only those portions of the reply brief which address
				  directly matters or issues set forth in the response brief filed pursuant to
				  paragraph (b).
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.893 - Panels to conduct certain hearings; decision of panel

Current
				  through June 11, 2024
Three or more members of the
				  Commission constitute a proper panel, where appropriate, in accordance with
				  NRS
				  445A.610 and
				  445B.350,
				  and a majority of those present must concur in any decision. The decision will
				  be in writing and is a public record.
Environmental Comm'n, Practice
				  Rule 6, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 11, 1-9-76-Substituted
				  in revision for NAC 445.991
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.894 - Change in time or place of hearing; informal disposition of matter; dismissal

Current through June 11,
				  2024
1. Upon good cause
				  shown, the Commission may vacate and reset the time of hearing.
2. Upon good cause shown, the Commission may
				  transfer the place of hearing to a more appropriate location, taking into
				  consideration the convenience and fairness to the witnesses and the
				  parties.
3. Unless otherwise
				  provided by law, informal disposition may be made by all involved parties at
				  any time of any contested case or matter.
4. The Commission may, after providing notice
				  to each party, dismiss an appeal for want of prosecution on the motion of any
				  party or on the motion of the Commission if the party filing the appeal has
				  failed to bring the appeal to hearing within 1 year after filing the appeal
				  with the Commission unless the parties have stipulated in writing to extend the
				  period during which the hearing must take place.
Environmental Comm'n, Practice
				  Rule 7, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 12, 1-9-76-NAC A by
				  R135-11, 5-30-2012-Substituted in revision for NAC
				  445.992
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.895 - Appearance of parties; procedure at hearing

Current through June 11,
				  2024
1. The parties may
				  appear in person and may be represented by an attorney.
2. An attorney who represents a party before
				  the Commission in a contested case must be an active member of and in good
				  standing with the State Bar of Nevada or associated with such a
				  member.
3. All testimony must be
				  given under oath and recorded verbatim pursuant to the provisions of NAC
				  445B.897.
4. The Commission:
(a) Will determine the order of the
				  presentation of evidence; and
(b)
				  May limit the time and scope of the examination of witnesses and disallow
				  repetitive testimony.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8953 - Conduct at hearing; maintenance of order

Current through June 11,
				  2024
1. A person who
				  appears in a proceeding shall conform to the recognized standards of ethical
				  and courteous conduct as determined by the Commission. All parties to a
				  hearing, their counsel and the spectators shall conduct themselves in a
				  respectful manner.
2. The
				  Commission may take any action which it determines is necessary to maintain
				  order during a hearing, including, without limitation:
(a) Excluding a party or the party's attorney
				  or authorized representative from the hearing;
(b) Excluding a witness from the hearing;
				  and
(c) Limiting the taking of
				  testimony and presentation of evidence during the hearing.
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.8957 - Consolidation of proceedings

Current through June 11,
				  2024
1. The Commission
				  may consolidate two or more proceedings if it appears that the issues are
				  substantially the same and the rights of the parties will not be prejudiced by
				  the consolidation.
2. At a
				  consolidated hearing, the Commission will determine the order in which the
				  parties introduce evidence and present testimony.
3. If two or more parties have substantially
				  similar interests and positions, the Commission may, at any time during the
				  hearing, limit the number of witnesses who will be allowed to
				  testify.
Added to NAC by Environmental
				  Comm'n by R227-03, eff. 4-20-2004
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.896 - Findings of Commission

Current through June 11,
				  2024
1. At the
				  conclusion of the hearing, the Commission may take the case under submission
				  and will notify the appellant and any other party to the hearing of its
				  findings and recommendations in writing within 30 days after the date of the
				  hearing.
2. Final recommendations
				  will be in writing and will separately state findings of fact and conclusions
				  of law. Findings of fact and recommendations will be based upon substantial
				  evidence. Findings of fact will include a concise statement of the evidentiary
				  facts supporting the findings.
Environmental Comm'n, Practice
				  Rule 10, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 15, 1-9-76-NAC A by
				  R227-03, 4-20-2004
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.897 - Record of hearing

Current through June 11,
				  2024
1. Each hearing
				  must be recorded electronically. An electronic recording of the hearing must be
				  made available for inspection or copying. A party who requests a copy of an
				  electronic recording must pay the cost to copy the recording.
2. In addition to the provisions of
				  subsection 1, a party may request that a hearing be recorded by a court
				  reporter who is certified pursuant to chapter 656 of NRS. A party who requests
				  that a hearing be recorded by a court reporter must pay the costs relating to
				  the services of the court reporter, including the cost charged by the court
				  reporter for providing a transcript of the hearing.
Environmental Comm'n, Practice
				  Rule 12, eff. 1-7-73; A and renumbered as Rule 11, 4-3-74; renumbered as Rule
				  16, 1-9-76-NAC A by R227-03, 4-20-2004
NRS
				  233B.050
Nevada Administrative Code › Chapter 445B - Air Controls › PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION › Section 445B.899 - Petitions for reconsideration or rehearing

Current through June 11,
				  2024
1. A petition for
				  reconsideration must specifically:
(a)
				  Identify each portion of the challenged decision 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 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires,
				the words and terms defined in NAC 445C.020 to 445C.080, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.030 - "Environmental audit" defined

Current through June 11, 2024
"Environmental audit" has the meaning ascribed to it in
				NRS
				445C.020.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.040 - "Environmental audit agreement" defined

Current through June 11, 2024
"Environmental audit agreement" means a written agreement
				between a regulatory agency and a regulated person that:
1. Allows the regulated person to conduct an
			 environmental audit; and
2.
			 Complies with the provisions of this chapter and chapter 445C of NRS.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.050 - "Environmental requirement" defined

Current through June 11, 2024
"Environmental requirement" has the meaning ascribed to it in
				NRS
				445C.030.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.060 - "Regulated facility" defined

Current through June 11, 2024
"Regulated facility" has the meaning ascribed to it in
				NRS
				445C.040.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.070 - "Regulated person" defined

Current through June 11, 2024
"Regulated person" has the meaning ascribed to it in
				NRS
				445C.050.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.080 - "Regulatory agency" defined

Current through June 11, 2024
"Regulatory agency" has the meaning ascribed to it in
				NRS
				445C.060.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.100 - Requirements to enter into environmental audit agreement

Current through June 11, 2024
1. A regulatory agency shall not enter into
			 an environmental audit agreement with a regulated person for a particular
			 environmental requirement if the regulated person:
(a) Has been cited for a violation of that
			 particular environmental requirement in the immediately preceding 3 years;
			 or
(b) Is specifically required to
			 comply with that particular environmental requirement pursuant to:
(1) The general or specific conditions or
			 limitations contained in a permit; or
(2) The terms of a judicial order,
			 administrative order, consent order, consent agreement or any other agreement
			 between the regulated person and a regulatory agency.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.110 - Contents of environmental audit agreement

Current through June 11, 2024
In addition to the requirements set forth in
				NRS
				445C.070 and
				445C.080,
				an environmental audit agreement must include, but is not limited to:
1. The name of each regulated facility that
			 is subject to the agreement.
2. The
			 name of each regulated person who is subject to the agreement.
3. The statutory and regulatory scope of the
			 environmental audit.
4. An
			 enforceable commitment by the regulated person to disclose voluntarily any
			 violation of an environmental requirement that is discovered as a result of the
			 environmental audit.
5. The
			 methods, processes and procedures that are to be used to conduct the
			 environmental audit and to evaluate compliance with environmental
			 requirements.
6. The identity of
			 each person who will be conducting the environmental audit, including, but not
			 limited to, any consultant or contractor.
7. The period within which the environmental
			 audit must be conducted, including, but not limited to, the date for submitting
			 a final report for the environmental audit.
8. The period within which any violation of
			 an environmental requirement that is discovered as a result of the
			 environmental audit must be reported.
9. The procedures for modifying the
			 environmental audit agreement if the regulated person and the regulatory agency
			 specifically agree to a modification.
10. The procedures for terminating the
			 environmental audit agreement if the regulated person does not comply with the
			 terms of the agreement.
11. A
			 provision informing the regulated person that the provisions of this chapter
			 and chapter 445C of NRS:
(a) Apply to state
			 and local environmental requirements only; and
(b) Do not create any rights, privileges or
			 immunities with regard to any actions taken by the Federal Government pursuant
			 to a federal law or regulation, unless the federal law or regulation provides
			 otherwise.
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.120 - Certification of consultant by division required

Current through June 11, 2024
1. A
			 consultant who is hired by a regulated person to conduct an environmental audit
			 must be certified by the division pursuant to NAC 459.970 to 459.9729,
			 inclusive.
2. As used in this
			 section, "consultant" has the meaning ascribed to it in NAC 459.9701.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120
Nevada Administrative Code › Chapter 445C - Environmental Requirements › GENERAL PROVISIONS › Section 445C.130 - Violation of environmental requirement; contents of enforceable agreement

Current through June 11, 2024
If a violation of an environmental requirement is discovered as
				a result of an environmental audit, the regulated person shall enter into an
				enforceable agreement with the regulatory agency. The enforceable agreement
				must include, but is not limited to:
1. A list of each specific violation of an
			 environmental requirement that was discovered as a result of the environmental
			 audit.
2. The actions that are to
			 be taken by the regulated person to bring the regulated facility into
			 compliance and the dates by which those actions are to be completed.
3. The actions that are to be taken by the
			 regulated person to remedy any damage or other harm caused by each violation
			 and the dates by which those actions are to be completed.
4. The actions that are to be taken by the
			 regulated person to prevent similar violations in the future and the dates by
			 which those actions are to be completed.
Added to NAC by
				Environmental Comm'n by R201-97, eff. 3-5-98
NRS
				  445C.120