1. The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. A declaratory judgment may be rendered after the plaintiff has first requested the agency to pass upon the validity of the regulation in question. The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency. The agency whose regulation is made the subject of the declaratory action shall be made a party to the action.
2. An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.
3. Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections 1 and 2, the plaintiff shall serve a copy of the complaint upon the Attorney General, who is also entitled to be heard.
(Added to NRS by 1965, 965; A 1969, 317; 1977, 1388)
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.