Nevada Revised Statutes

Nev. Rev. Stat. § 233B.039 (2026)

Applicability

✓ current as of July 2026

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NRS 233B.039 Applicability.

1. The following agencies are entirely exempted from the requirements of this chapter:

(a) The Governor.

(b) Except as otherwise provided in subsection 7 and NRS 209.221 and 209.2473, the Department of Corrections.

(d) The Office of the Military.

(e) The Nevada Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

(g) Except as otherwise provided in NRS 425.620, the Division of Social Services of the Department of Human Services.

(h) Except as otherwise provided in NRS 533.365, the Office of the State Engineer.

(i) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

(j) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

(k) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

(l) The Silver State Health Insurance Exchange.

(m) The Administrator of the Housing Division of the Department of Business and Industry in adopting the allocation plan pursuant to NRS 319.745.

2. Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

3. The special provisions of:

(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

(b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

(c) Chapter 91 of NRS for the judicial review of decisions of the Administrator of the Securities Division of the Office of the Secretary of State; and

(d) NRS 90.800 for the use of summary orders in contested cases,

Ê prevail over the general provisions of this chapter.

4. The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Nevada Health Authority in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5. The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;

(b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

(d) The judicial review of decisions of the Public Utilities Commission of Nevada;

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Human Services pursuant to NRS 217.130;

(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;

(h) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by NRS 433.732 established by the Department of Human Services pursuant to paragraph (b) of subsection 1 of NRS 433.734;

(i) The adoption or amendment of a data request by the Commissioner of Insurance pursuant to NRS 687B.404;

(j) The adoption, amendment or repeal of any rule or policy governing the Public Option established pursuant to chapter 695K of NRS;

(k) An order issued by the Commissioner of Financial Institutions pursuant to subsection 3 of NRS 672.250; or

(l) Except as otherwise provided in NRS 422.390, the adoption of any regulation by the Nevada Health Authority or the Director or Medicaid Division thereof pursuant to chapter 422 of NRS.

6. The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

7. The Department of Corrections is subject to the provisions of this chapter for the purpose of adopting regulations relating to fiscal policy, correspondence with inmates and visitation with inmates of the Department of Corrections.

(Added to NRS by 1977, 1383; A 1979, 492, 1639; 1981, 1398, 2045, 2046; 1983, 183, 970, 1528; 1985, 1366; 1987, 327, 1014, 1294, 2191; 1989, 160, 1650; 1991, 663, 1665; 1993, 367, 859, 1493, 2084, 2085; 1995, 128, 582; 1997, 1973, 2607, 3342; 1999, 581, 590, 2242, 2407, 3039, 3044; 2001, 158, 963, 1334; 2001 Special Session, 233; 2003, 289, 306, 2165; 2003, 20th Special Session, 191; 2005, 22nd Special Session, 144; 2009, 2297; 2010, 26th Special Session, 86; 2011, 936, 2649; 2013, 9, 3314; 2015, 3592; 2017, 263, 2286; 2019, 1259, 3849, 4151; 2020, 32nd Special Session, 92, 108; 2021, 866, 908, 1901, 2854, 3631; 2023, 48, 575, 2537; 2025, 468, 1261, 2789, 3598)

ADMINISTRATIVE REGULATIONS

Notes of Decisions

Cited in 27 cases (3 in the last 5 years), 1981–2022 · leading case: S. California Edison v. First Jud. Dist. Court, 255 P.3d 231 (Nev. 2011).

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S. California Edison v. First Jud. Dist. Court, 255 P.3d 231 (Nev. 2011). · cites it 3× “NRS 233B.039. All decisions by the Commission are therefore subject to NRS 233B.”

Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007). · cites it 2× “NRS 233B.039 lists the circumstances under which certain agencies are exempt from the requirements of the APA, and as the Commissioner concedes, the statute does not mention him or the prevailing wages list.”

Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021). · cites it 2× “" NRS 233B.039(1)(i). And, as established above, the State Engineer complied with the relevant statutory authority in issuing Order No.”

Snow v. Nevada Dep't of Prisons, 543 F. Supp. 752 (D. Nev. 1982). “Reinforcing this conclusion is the fact that in 1977, subsequent to the acts complained of by Plaintiff, the Nevada Legislature enacted NRS 233B.039 which, among other things, exempted the Nevada State Prison from the requirements of the Administrative Procedure Act.”

Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981). “NRS 233B.039. Therefore, the doctrines of res judicata and collateral estoppel do not apply to a determination made by the Gaming Control Board where the complainant does not at least have the same right to a review as a licensee which receives an adverse ruling from the Board.”

State Democratic Party v. Repub. Party, 256 P.3d 1 (Nev. 2011). “031 (defining agency to generally include, among other things, any officer of the executive branch); NRS 233B.039 (exempting entities from the APA, but not the Secretary of State); see also NRS 233B.”

Dep't of Corr. v. Ludwick, 440 P.3d 43 (Nev. 2019). “While the NAPA exempts NDOC from certain of its procedures, see NRS 233B.039(1)(b), NDOC is not exempt from the procedures regarding the adoption of regulations governing state personnel.”

State Gaming Control Bd. v. Breen, 661 P.2d 1309 (Nev. 1983). “1 Both the State Gaming Control Board and the Nevada Gaming Commission are expressly and entirely exempt from the provisions of the Nevada Administrative Procedures Act.”

State Purchasing Div. v. George's Equip., 783 P.2d 949 (Nev. 1989). “The State further cites the fact that the legislature did not specifically exempt the State Purchasing Department from the ambit of the Nevada Administrative Procedure Act in NRS 233B.039. George’s counters that the language of NRS 333.”

Navarro v. State ex rel. Dep't of Human Resources, 655 P.2d 158 (Nev. 1982). · cites it 3× “Welfare moved to dismiss appellant’s petition on the ground that Welfare was exempt from judicial review under NRS 233B.039(l)(h). The district court determined that it was *564 deprived of jurisdiction by virtue of NRS 233B.”

Spar Bus. Serv.'s, Inc. Vs. Olson, 2019 NV 40 (Nev. 2019). · cites it 4× “3 Spar's mistake ostensibly stemmed from NRS 233B.039(3)s language providing that NRS Chapter 612 prevails over the general provisions of NRS Chapter 233B with respect to petitions for judicial review of ESD decisions, coupled with NRS Chapter 612s silence as to the time period…”

Rural Tel. Co. Vs. Pub. Util. Comm'n. of Nev., 2017 NV 53 (Nev. 2017). · cites it 2× “And, under SUPREME COURT OF NEVADA 6 (0) 194Th e NRS 233B.039(5)(d), the provisions of the APA expressly do not apply to "KJhe judicial review of decisions of the [PUCN].”

Show all 27 citing cases →

— Nev. Rev. Stat. § 233B.039(1) — 1 case

Barta v. State, Bd. of Equalization (Nev. 2013).

— Nev. Rev. Stat. § 233B.039(1)(b) — 3 cases

State, Dep't of Corr. Vs. Ludwick, 2019 NV 12 (Nev. 2019).

— Nev. Rev. Stat. § 233B.039(1)(e) — 1 case

— Nev. Rev. Stat. § 233B.039(1)(i) — 1 case

Wilson, P.E. Vs. Pahrump Fair Water, LLC, 2021 NV 2 (Nev. 2021). “" NRS 233B.039(1)(i). And, as established above, the State Engineer complied with the relevant statutory authority in issuing Order No.”

— Nev. Rev. Stat. § 233B.039(2) — 1 case

Morgan v. Comm. on Benefits, 894 P.2d 378 (Nev. 1995).

— Nev. Rev. Stat. § 233B.039(3) — 2 cases

Spar Bus. Serv.'s, Inc. Vs. Olson, 2019 NV 40 (Nev. 2019). “3 Spar's mistake ostensibly stemmed from NRS 233B.039(3)s language providing that NRS Chapter 612 prevails over the general provisions of NRS Chapter 233B with respect to petitions for judicial review of ESD decisions, coupled with NRS Chapter 612s silence as to the time period…”

Ross Vs. State, Emp'T Sec. Div. (Nev. 2021).

— Nev. Rev. Stat. § 233B.039(3)(a) — 2 cases

Parven v. Dist. Ct. (Mendez) (Nev. 2022).

— Nev. Rev. Stat. § 233B.039(5)(d) — 2 cases

Rural Tel. Co. Vs. Pub. Util. Comm'n. of Nev., 2017 NV 53 (Nev. 2017). “And, under SUPREME COURT OF NEVADA 6 (0) 194Th e NRS 233B.039(5)(d), the provisions of the APA expressly do not apply to "KJhe judicial review of decisions of the [PUCN].”

Rural Tel. Co. Vs. Pub. Util. Comm'n. of Nev., 2017 NV 53 (Nev. 2017).

— Nev. Rev. Stat. § 233B.039(l)(h) — 1 case

Navarro v. State ex rel. Dep't of Human Resources, 655 P.2d 158 (Nev. 1982). “Welfare moved to dismiss appellant’s petition on the ground that Welfare was exempt from judicial review under NRS 233B.039(l)(h). The district court determined that it was *564 deprived of jurisdiction by virtue of NRS 233B.”

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