Nev. Admin. Code § 616B.Sec. 14-1 - NEW

Current through March 28, 2022

1. Except as otherwise provided in subsection 10, an interested person may petition the Board for the issuance of a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Board. Such a petition must include, without limitation:
(a) The name and mailing address of the petitioner;
(b) The reason for the petition and a statement of the facts and law supporting the petition; and
(c) A clear and concise statement of the question to be decided by the Board and the relief sought by the petitioner.
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 refuse to consider a petition which does not contain the information required by subsection 1 or was not filed or served pursuant to subsection 2.
4. The Administrator may file with the Board a response concerning the disposition of the petition not later than 45 days after service of the petition upon the Administrator and shall, within 5 days after filing such a response, provide a copy to the petitioner.
5. After providing written notice to the petitioner and the Administrator, the Board may:
(a) Conduct an informal hearing to determine any preliminary matters that may expedite the disposition of the petition and issue reasonable orders that govern the conduct of a hearing on the merits of the petition.
(b) Request that the petitioner submit additional information or arguments concerning the petition and allow the Administrator to file a response to any such additional information or arguments and, upon filing of such a response or at such other time as the Board may prescribe, provide a copy to the petitioner.
(c) Consider relevant decisions that have been issued by the Board which apply or interpret the statute, regulation or decision in question.
(d) Enter any reasonable order to assist in the review of the petition.
6. The Board may conduct a formal hearing on a petition or render a decision on the petition without a hearing based on the information submitted to the Board. The Board will notify the petitioner and the Administrator when it determines that it has received sufficient information to determine how to proceed with the petition and, within 10 days thereafter, serve notice on the petitioner and the Administrator:
(a) Of the date of the formal hearing, which must not be sooner than 45 days after the date of service of the notice; or
(b) That the petition will be decided without a formal hearing.
7. The decision of the Board must be based upon and limited to the information provided to the Board pursuant to this section.
8. Within 45 days after the date that the formal hearing is concluded or the date that the Board gives notice that the petition will be decided without a formal hearing, the Board will issue a written declaratory order or advisory opinion disposing of the petition and mail a copy of the declaratory order or advisory opinion to the petitioner and the Administrator.
9. The Board will maintain a record that is indexed by subject matter of each declaratory order or advisory opinion issued by the Board.
10. A person may not petition the Board for the issuance of a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Board if the applicability of the statute, regulation or decision is at issue in any administrative, civil or criminal proceeding in which the person is a party.
11. A decision of the Board relating to a petition filed pursuant to this section is a final decision for the purpose of judicial review.

Notes

Nev. Admin. Code § 616B.Sec. 14-1
Added to NAC by Div. of Industrial Relations by R026-18A, eff. 2/20/2020
NRS 233B.100, 616B.572

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