Nev. Admin. Code § 616B.Sec. 13-1 - NEW

Current through March 28, 2022

1. A petition may be filed with the Board requesting that the Board adopt, amend or repeal a regulation governing the administration of the Account. Such a petition must include, without limitation:
(a) The name and mailing address of the petitioner;
(b) A clear and concise statement of the regulation to be adopted, amended or repealed;
(c) The reason for the adoption, amendment or repeal of the regulation; and
(d) The statutory authority for the adoption, amendment or repeal of the regulation.
2. A person filing such a petition shall file an original and five copies of the petition and any supporting documentation with the Board and, within 5 days after filing with the Board, serve one copy on the Administrator. Such a petition may be filed or served electronically, by personal service or by registered mail or certified mail, return receipt requested.
3. The Board may decline to take action on a petition which does not contain the information required by subsection 1 or was not filed or served pursuant to subsection 2.
4. Except as otherwise provided in subsection 3, the Board will hold a hearing to consider a petition within 30 days after the petition is filed with the Board. The Administrator may file with the Board a recommendation concerning the disposition of the petition not later than 15 days before the date of the hearing and shall, upon filing such a recommendation, serve a copy on the petitioner.
5. A person, other than a person who filed the petition, who believes that he or she may be directly and substantially affected by the hearing may seek leave to intervene in the hearing by filing with the Board a written motion to intervene. Such a motion must set forth the legal and factual basis in support of the person's standing to intervene and for the person's position in favor of or opposition to the petition. Such a motion must be filed with the Board and served on the Administrator electronically, by personal service or by registered mail or certified mail, return receipt requested, not later than 20 days before the hearing. If the Board grants such a motion, the Board will enter an order allowing the person to participate as an intervener and take into consideration the position of the person on the merits of the petition.
6. In conducting a hearing to consider a petition, the Board is not bound by the technical rules of evidence, and any informality in a proceeding or the manner of taking testimony does not invalidate any order, decision, ruling or regulation made, approved or confirmed by the Board. The rules of civil procedure and evidence of courts of this State will be followed generally, but may be relaxed at the discretion of the Board if deviation from the technical rules of civil procedure and evidence will aid in determining the facts.
7. After the hearing, or if more than one hearing is held on the petition, the final hearing, the Board will serve a copy of its written decision on the petitioner, the Administrator and any intervener. The decision will include a brief statement of the Board's decision and the reasons supporting the decision. If the Board grants the petition, the Board will initiate appropriate regulation-making proceedings.
8. A decision of the Board to grant or deny a petition pursuant to this section is a final decision for the purpose of judicial review.

Notes

Nev. Admin. Code § 616B.Sec. 13-1
Added to NAC by Div. of Industrial Relations by R026-18A, eff. 2/20/2020
NRS 233B.100, 616B.572

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