1. Except as otherwise provided in subsection 2 and NRS 233B.061, before adopting, amending or repealing:
(a) A permanent regulation, the agency must, after receiving the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063:
(1) If it is the first hearing on the regulation, give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute. When posted, the agency must include notice that the regulation that is posted on the Internet website of the agency 3 working days before the hearing will be the regulation considered. The agency shall ensure that the regulation to be considered at the hearing is posted on the Internet website of the agency 3 working days before the hearing.
(2) If it is the second or subsequent hearing on the regulation, including, without limitation, a subsequent hearing on an adopted regulation that has not been approved by the Legislative Commission or the Subcommittee to Review Regulations pursuant to NRS 233B.067, in order to approve a revision to the regulation, give at least 3 working days’ notice of its intended action.
(b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.
2. Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.
3. If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the Subcommittee to Review Regulations.
(Added to NRS by 1965, 964; A 1973, 621; 1975, 1157, 1413; 1977, 1386, 1547, 1549; 1981, 186; 1983, 1123, 1244; 1995, 130; 1997, 1973; 2007, 871; 2009, 2284; 2017, 539)
Structure Nevada Revised Statutes
Chapter 233B - Nevada Administrative Procedure Act
NRS 233B.020 - Legislative intent.
NRS 233B.031 - "Agency" defined.
NRS 233B.032 - "Contested case" defined.
NRS 233B.033 - "Emergency regulation" defined.
NRS 233B.034 - "License" and "licensing" defined.
NRS 233B.035 - "Party" defined.
NRS 233B.036 - "Permanent regulation" defined.
NRS 233B.037 - "Person" defined.
NRS 233B.0375 - "Preponderance of the evidence" defined.
NRS 233B.038 - "Regulation" defined.
NRS 233B.0382 - "Small business" defined.
NRS 233B.0385 - "Temporary regulation" defined.
NRS 233B.0395 - Ratification of Nevada Administrative Code.
NRS 233B.045 - Treatment of regulations adopted by certain entities other than agencies.
NRS 233B.0607 - Proposed permanent or temporary regulation: Filing; availability; contents.
NRS 233B.0613 - Emergency regulations.
NRS 233B.0617 - Limitation on objections to regulation.
NRS 233B.065 - Production and distribution of Nevada Administrative Code.
NRS 233B.0656 - Register of Administrative Regulations: Access via Internet.
NRS 233B.0681 - Early review of permanent regulation by Legislative Commission; waiver of review.
NRS 233B.090 - Rebuttable presumption of regularity of adoption and filing of regulation.
NRS 233B.110 - Declaratory judgment to determine validity or applicability of regulation.
NRS 233B.120 - Petitions for declaratory orders and advisory opinions; disposition.
NRS 233B.1233 - Administration of oath or affirmation to witness.
NRS 233B.135 - Judicial review: Manner of conducting; burden of proof; standard for review.
NRS 233B.150 - Appeal from final judgment of district court.