Nev. Rev. Stat. » NRS: CHAPTER 233B - NEVADA ADMINISTRATIVE PROCEDURE ACT

Nev. Rev. Stat. § 233B.038

“Regulation” defined

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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 written policy, interpretation, process or procedure to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.

      2.  The term does not include:

      (a) A statement concerning only the internal management of an agency and not affecting private rights or procedures available to the public;

      (b) A declaratory ruling;

      (c) An intraagency memorandum;

      (d) A manual of internal policies and procedures or audit procedures of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with a federal or state statute or regulation;

      (e) An agency decision or finding in a contested case;

      (f) An advisory opinion issued by an agency that is not of general applicability;

      (g) A published opinion of the Attorney General;

      (h) An interpretation of an agency that has statutory authority to issue interpretations;

      (i) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity;

      (j) A contract or agreement into which an agency has entered;

      (k) The provisions of a federal law, regulation or guideline;

      (l) An emergency action taken by an agency that is necessary to protect public health and safety;

      (m) The application by an agency of a policy, interpretation, process or procedure to a person who has sufficient prior actual notice of the policy, interpretation, process or procedure to determine whether the person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest;

      (n) A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs, signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484A.430;

      (o) The classification of wildlife or the designation of seasons for hunting, fishing or trapping by regulation of the Board of Wildlife Commissioners pursuant to the provisions of title 45 of NRS;

      (p) A technical bulletin prepared pursuant to NRS 360.133; or

      (q) The assessment conducted by the Nevada Health Authority pursuant to NRS 439A.371.

      (Added to NRS by 1977, 1383; A 1999, 2406; 2013, 159; 2025, 36th Special Session, 181)

     

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1981–2022 · leading case: K-Mart Corp. v. State Industrial Insurance System
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K-Mart Corp. v. State Industrial Insurance System (1985) nev · cites it 6× “K-Mart contends that the System’s action regarding the formula set forth in section 10 was a regulation pursuant to NRS 233B.038. Because the System did not follow the procedures for the adoption of regulations contained in NRS 233B.”
Labor Commissioner v. Littlefield (2007) nev · cites it 4× “First, such action falls within the definition of a regulation under NRS 233B.038. Second, there is no express or implied exemption from the APA for adding, deleting, or substantially modifying worker classifications.”
Public Service Commission v. Southwest Gas Corp. (1983) nev · cites it 4× “Whether the notice of rehearing in fact cured any defects in the original notice turns on whether the PSC action in affecting a rate design order constituted the adoption of a general regulation such as defined in NRS 233B.038. 2 The trial court concluded that in instituting…”
CERVANTES-GUEVARA v. DIST. CT. (ANDERSON) (2022) nev · cites it 3× “” NRS 233B.038(1)(a). Further, Nevada law defines an “agency” as “an agency, bureau, board, commission, department, division, officer or employee of the Executive Department.”
Grand River Dam Authority v. State (1982) okla “§ 84-901(2); Nev.Rev.Stat. § 233B.038; N.H.Rev. Stat.Ann.”
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev · cites it 4× “NRS 233B.038(1) defines a regulation as: (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)…”
State Farm Mutual Automobile Insurance v. Commissioner of Insurance of Nevada (1998) nev · cites it 2× “” NRS 233B.038. By contrast, an interpretive ruling is merely a statement of how the agency construes a statute or a regulation according to the specific facts before it.”
Coury v. Whittlesea-Bell Luxury Limousine (1986) nev · cites it 3× “" 1 *305 NRS 233B.038 describes a “regulation” in terms of being a “standard” of “general applicability” which “effectuates policy.”
STATE DEMOCRATIC PARTY v. Republican Party (2011) nev “039 (exempting entities from the APA, but not the Secretary of State); see also NRS 233B.038 (noting that the regulation requirements do not include an interpretation that the agency has separate statutory authority to issue).”
State, Department of Taxation v. Chrysler Group LLC (2013) nev “3d at 29 (alteration in original) (quoting NRS 233B.038(1)(a)). Generally, before an agency can engage in rule-making, it must provide notice to interested parties and give those parties an opportunity to oppose the proposed rule.”
State Board of Equalization v. Sierra Pacific Power Co. (1981) nev “For the purposes of the Administrative Procedure Act, regulation is defined in NRS 233B.038; the pertinent portion provides: “Regulation” defined.”
Las Vegas Transit System, Inc. v. Las Vegas Strip Trolley (1989) nev · cites it 2× “First, we paraphrased NRS 233B.038 and its characterization of a regulation as a standard of general applicability which effectuates .”
Show all 17 citing cases →
— Nev. Rev. Stat. § 233B.038(1) — 5 cases
Labor Commissioner v. Littlefield (2007) nev “First, such action falls within the definition of a regulation under NRS 233B.038. Second, there is no express or implied exemption from the APA for adding, deleting, or substantially modifying worker classifications.”
State Farm Mutual Automobile Insurance v. Commissioner of Insurance of Nevada (1998) nev “” NRS 233B.038. By contrast, an interpretive ruling is merely a statement of how the agency construes a statute or a regulation according to the specific facts before it.”
Public Service Commission v. Southwest Gas Corp. (1983) nev “Whether the notice of rehearing in fact cured any defects in the original notice turns on whether the PSC action in affecting a rate design order constituted the adoption of a general regulation such as defined in NRS 233B.038. 2 The trial court concluded that in instituting…”
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev “NRS 233B.038(1) defines a regulation as: (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)…”
Coury v. Whittlesea-Bell Luxury Limousine (1986) nev “" 1 *305 NRS 233B.038 describes a “regulation” in terms of being a “standard” of “general applicability” which “effectuates policy.”
— Nev. Rev. Stat. § 233B.038(1)(a) — 6 cases
CERVANTES-GUEVARA v. DIST. CT. (ANDERSON) (2022) nev “” NRS 233B.038(1)(a). Further, Nevada law defines an “agency” as “an agency, bureau, board, commission, department, division, officer or employee of the Executive Department.”
Labor Commissioner v. Littlefield (2007) nev “First, such action falls within the definition of a regulation under NRS 233B.038. Second, there is no express or implied exemption from the APA for adding, deleting, or substantially modifying worker classifications.”
State, Department of Taxation v. Chrysler Group LLC (2013) nev “3d at 29 (alteration in original) (quoting NRS 233B.038(1)(a)). Generally, before an agency can engage in rule-making, it must provide notice to interested parties and give those parties an opportunity to oppose the proposed rule.”
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev “NRS 233B.038(1) defines a regulation as: (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)…”
Dunning v. State, Bd. of Physical Therapy Exam'rs. (2016) nev
— Nev. Rev. Stat. § 233B.038(1)(d) — 1 case
Labor Commissioner v. Littlefield (2007) nev “First, such action falls within the definition of a regulation under NRS 233B.038. Second, there is no express or implied exemption from the APA for adding, deleting, or substantially modifying worker classifications.”
— Nev. Rev. Stat. § 233B.038(2)(b) — 1 case
Dunning v. State, Bd. of Physical Therapy Exam'rs. (2016) nev
— Nev. Rev. Stat. § 233B.038(2)(e) — 1 case
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev “NRS 233B.038(1) defines a regulation as: (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)…”
— Nev. Rev. Stat. § 233B.038(l)(a) — 1 case
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev “NRS 233B.038(1) defines a regulation as: (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)…”
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