NRS 233B.010 – Short title.
This chapter may be cited as the Nevada Administrative Procedure Act. (Added to NRS by 1965, 962)
NRS 233B.020 – Legislative intent.
1. By this chapter, the Legislature intends to establish minimum procedural requirements for the regulation-making and adjudication procedure of all agencies of the Executive Department of the State Government and for judicial review of both functions, except those agencies expressly exempted pursuant to the provisions of this chapter. This chapter confers no additional regulation-making authority […]
NRS 233B.030 – Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 233B.031 to 233B.0385, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1965, 962; A 1967, 807; 1971, 661; 1975, 1790; 1977, 1384; 1999, 2072; 2015, 707)
NRS 233B.031 – “Agency” defined.
“Agency” means an agency, bureau, board, commission, department, division, officer or employee of the Executive Department of the State Government authorized by law to make regulations or to determine contested cases. (Added to NRS by 1977, 1382)
NRS 233B.032 – “Contested case” defined.
“Contested case” means a proceeding, including but not restricted to rate making and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing, or in which an administrative penalty may be imposed. (Added to NRS by 1977, 1382)
NRS 233B.033 – “Emergency regulation” defined.
“Emergency regulation” means a regulation adopted pursuant to NRS 233B.0613. (Added to NRS by 1977, 1382; A 1983, 1123)
NRS 233B.034 – “License” and “licensing” defined.
“License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law. “Licensing” means the agency procedure whereby the license is granted, denied, revoked, suspended, annulled, withdrawn or amended. (Added to NRS by 1977, 1382)
NRS 233B.035 – “Party” defined.
“Party” means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any contested case. (Added to NRS by 1977, 1383)
NRS 233B.036 – “Permanent regulation” defined.
“Permanent regulation” means a regulation which is not an emergency regulation or a temporary regulation. (Added to NRS by 1977, 1383)
NRS 233B.037 – “Person” defined.
“Person” includes any political subdivision or public or private organization of any character other than an agency. (Added to NRS by 1977, 1383; A 1985, 513)
NRS 233B.0375 – “Preponderance of the evidence” defined.
“Preponderance of the evidence” means evidence that enables a trier of fact to determine that the existence of the contested fact is more probable than the nonexistence of the contested fact. (Added to NRS by 2015, 706)
NRS 233B.038 – “Regulation” defined.
1. “Regulation” means: (a) An agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency; (b) A proposed regulation; (c) The amendment or repeal of a prior regulation; and (d) The general application by an agency of a […]
NRS 233B.0382 – “Small business” defined.
“Small business” means a business conducted for profit which employs fewer than 150 full-time or part-time employees. (Added to NRS by 1999, 2070)
NRS 233B.0385 – “Temporary regulation” defined.
“Temporary regulation” means: 1. A regulation adopted pursuant to subsection 3 of NRS 233B.063; or 2. Any other regulation which is effective for 120 days or less and which is not an emergency regulation. (Added to NRS by 1977, 1383)
NRS 233B.039 – Applicability. [Effective through December 31, 2021.] Applicability. [Effective January 1, 2022, through December 31, 2025.] Applicability. [Effective January 1, 2026.]
1. The following agencies are entirely exempted from the requirements of this chapter: (a) The Governor. (b) Except as otherwise provided in NRS 209.221 and 209.2473, the Department of Corrections. (c) The Nevada System of Higher Education. (d) The Office of the Military. (e) The Nevada Gaming Control Board. (f) Except as otherwise provided in […]