Nevada Administrative Code Chapter 233B - Nevada Administrative Procedure Act
Nevada Administrative Code (NAC) – Chapter 233B: Nevada Administrative Procedure Act (APA)
NAC Chapter 233B implements and supplements the Nevada Administrative Procedure Act, which is primarily found in Nevada Revised Statutes (NRS) Chapter 233B. This law governs how state agencies adopt regulations, conduct hearings, and manage rulemaking and adjudication processes to ensure transparency, fairness, and accountability.
🔹 Purpose of Chapter 233B
To regulate the procedures that Nevada state agencies must follow when:
Adopting, amending, or repealing regulations
Holding public hearings
Conducting administrative adjudications (hearings, orders, etc.)
Managing petitions for rulemaking or declaratory orders
🔹 Key Provisions of NAC Chapter 233B:
1. Regulation-Making Process
Agencies must:
Publish notice of intent to adopt or amend regulations.
Hold public workshops and hearings (especially if regulations impact small businesses).
Prepare small business impact statements.
Submit proposed regulations for review by the Legislative Counsel Bureau (LCB).
2. Public Participation
Ensures:
Public access to rulemaking documents.
Opportunities to submit written and oral comments.
Timely notification of regulatory changes via Nevada Register and agency websites.
3. Filing and Effective Dates
Regulations must be:
Filed with the Secretary of State after LCB review.
Published in the Nevada Register.
Effective as per statutory timelines or upon specific agency designation.
4. Administrative Hearings and Adjudications
Applies to state agencies conducting formal hearings (e.g., licensing boards).
Includes:
Due process rights for affected persons
Notice and opportunity for hearing
Recordkeeping and appeal procedures
5. Petitions for Rulemaking or Declaratory Orders
Individuals or organizations may petition agencies to:
Adopt or repeal a regulation
Issue a declaratory order regarding the applicability of a regulation or statute
🔹 Related Entities
Legislative Counsel Bureau (LCB): Reviews and formats regulations, ensures compliance with statutory drafting rules.
Secretary of State: Maintains official record of adopted regulations.
Nevada Register: Official publication of regulatory notices and adopted regulations.
🔹 Summary
NAC Chapter 233B is a foundational part of Nevada’s regulatory system, ensuring that agencies operate with transparency, public involvement is encouraged, and due process is upheld in administrative procedures.
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