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Administrative Procedure Act – Nevada

The Nevada Administrative Procedure Act is found in Title 18, chapter 233B of Revised Statutes of Nevada.  Nev. Rev. Stat. Ann. § 233B.040 directs an agency to adopt reasonable regulations for discharge of its functions.  According to Nev. Rev. Stat. Ann. § 233B.050, an agency should adopt rules of practice for all formal and informal procedures.  Further, an agency should make available all rules of practice, regulations, final orders, decisions and opinions adopted by the agency, for public inspection.  Also, an agency should review its rules of practice at least once every three years and should file a statement of review with the secretary of state.  Similarly, an agency should review its regulations at least once every ten years and should submit a report to the legislative counsel.  A regulation, rule, final order or decision of an agency is not valid against any party until it has been made available for public inspection.

According to Nev. Rev. Stat. Ann. § 233B.060, before adopting, amending or repealing a regulation, an agency should give at least 30 days’ notice of its intended action.  Nev. Rev. Stat. Ann. § 233B.061 states that an agency should afford all interested persons reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.  Nev. Rev. Stat. Ann. § 233B.062 directs the Attorney General to develop guidelines for drafting regulations.

According to Nev. Rev. Stat. Ann. § 233B.063, an agency should deliver to the legislative counsel a copy of the proposed regulation at least thirty days before the time of giving notice of its intention to adopt, amend or repeal a permanent regulation.  Nev. Rev. Stat. Ann. § 233B.064 provides that an agency should adopt, amend or repeal a permanent regulation only if it has received from the legislative counsel the approved or revised text of the regulation.

Nev. Rev. Stat. Ann. § 233B.0613 provides that if an agency finds that an emergency exists, it should submit to Governor a written statement of the emergency.  The emergency regulation may be adopted on Governor’s endorsement and becomes effective on filing in the office of the Secretary of State.  A regulation so adopted is effective for a period of 120 days.

According to Nev. Rev. Stat. Ann. § 233B.067, after adopting a permanent regulation, an agency should submit an informational statement and one copy of each regulation adopted, to the legislative counsel for review by the legislative commission.  The legislative commission determines whether the regulation conforms to the statutory authority pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority.

As per Nev. Rev. Stat. Ann. § 233B.070, a regulation becomes effective, when the original of the final draft or revision of a regulation is filed with the Secretary of State.  Nev. Rev. Stat. Ann. § 233B.066 provides that each adopted regulation which is submitted to the legislative counsel or filed with the Secretary of State should be accompanied by a statement concerning the regulation.

According to Nev. Rev. Stat. Ann. § 233B.100, any interested person may petition an agency requesting the adoption, filing, amendment or repeal of any regulation.

Nev. Rev. Stat. Ann. § 233B.121 provides that in a contested case, an agency should give all parties an opportunity for hearing after reasonable notice in writing.  Opportunity should also be given to all parties to respond and present evidence and argument on all issues involved.  A party is entitled to be represented by counsel in a contested case.  Further, informal disposition may be made in any contested case by stipulation, agreed settlement, consent order or default.  According to Nev. Rev. Stat. Ann. § 233B.123, irrelevant, immaterial or unduly repetitious evidence should be excluded in a contested case.

According to Nev. Rev. Stat. Ann. § 233B.124, if majority of officials of agency who are to render the final decision in a contested case has not heard the case or read the record, the decision should not be made until a proposal for decision is served upon the parties.  An opportunity should also be given to each party adversely affected to file exceptions and present briefs and oral argument to the officials who are to render the decision.

Nev. Rev. Stat. Ann. § 233B.130 provides that any party who is aggrieved by a final decision in a contested case is entitled to judicial review of the decision.  However, if appeal is provided within an agency, only the decision at the highest level is reviewable.  Petitions for judicial review should be instituted within thirty days, by filing a petition in the district court in and for Carson city or in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred.

According to Nev. Rev. Stat. Ann. § 233B.150, a review of any final judgment of the district court may be obtained by appeal to the Supreme Court.

Inside Administrative Procedure Act – Nevada