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

Nev. Rev. Stat. § 233B.040

Regulations: Authority to adopt; enforcement; inclusion of citation of authority and agency contact information; adoption of material by reference; deadline for adoption of proposed regulations; agency to explain failure to adopt

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NRS 233B.040  Regulations: Authority to adopt; enforcement; inclusion of citation of authority and agency contact information; adoption of material by reference; deadline for adoption of proposed regulations; agency to explain failure to adopt.

      1.  To the extent authorized by the statutes applicable to it, each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions. If adopted and filed in accordance with the provisions of this chapter, the following regulations have the force of law and must be enforced by all peace officers:

      (a) The Nevada Administrative Code; and

      (b) Temporary and emergency regulations.

Ê In every instance, the power to adopt regulations to carry out a particular function is limited by the terms of the grant of authority pursuant to which the function was assigned.

      2.  Every regulation adopted by an agency must include:

      (a) A citation of the authority pursuant to which it, or any part of it, was adopted; and

      (b) The address of the agency and, to the extent not elsewhere provided in the regulation, a brief explanation of the procedures for obtaining clarification of the regulation or relief from the strict application of any of its terms, if the agency is authorized by a specific statute to grant such relief, or otherwise dealing with the agency in connection with the regulation.

      3.  An agency may adopt by reference in a regulation material published by another authority in book or pamphlet form if:

      (a) It files one copy of the publication with the Secretary of State and one copy with the State Library, Archives and Public Records Administrator, and makes at least one copy available for public inspection with its regulations; and

      (b) The reference discloses the source and price for purchase of the publication.

Ê An agency shall not attempt to incorporate any other material in a regulation by reference.

      4.  An agency shall adopt a proposed regulation not later than 2 years after the date on which the proposed regulation is submitted to the Legislative Counsel pursuant to subsection 1 of NRS 233B.063. If an agency does not adopt a proposed regulation within the time prescribed by this subsection, the executive head of the agency shall appear personally before the Legislative Commission and explain why the proposed regulation has not been adopted.

      (Added to NRS by 1965, 963; A 1971, 804; 1977, 1385; 1985, 366, 1488; 1997, 3151; 2013, 77)

     

Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1970–2025 · leading case: Dutchess Business Services, Inc. v. Nevada State Board of Pharmacy
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Dutchess Business Services, Inc. v. Nevada State Board of Pharmacy (2008) nev “24 See NRS 233B.040(1) (authorizing administrative agencies to adopt “reasonable regulations” to aid in carrying out their duties).”
K-Mart Corp. v. State Industrial Insurance System (1985) nev · cites it 2× “Because the System did not follow the procedures for the adoption of regulations contained in NRS 233B.040 et seq., K-Mart argues that the assessments are invalid.”
Northern Nevada Ass'n of Injured Workers v. Nevada State Industrial Insurance System (1991) nev “…616.380(l)(b), NRS 616.383(3). The foregoing statutes authorize SIIS to adopt regulations that have the force of law. NRS 233B.040(1). 10 See NRS 616.045 (compensation defined); NRS 616.505 (application for death benefits); NRS 616.055”
Imperial Palace, Inc. v. State Ex Rel. Department of Taxation (1992) nev “) Under NRS 233B.040(1), regulations *1065 “[a]dopted and filed in accordance with the provisions of [NRS Chapter 233B]” have the force of law.”
STATE DEMOCRATIC PARTY v. Republican Party (2011) nev “, NRS 233B.040 (requiring agency regulations to include a citation of the authority pursuant to which it was adopted and the address of the agency along with a brief explanation of the procedures for obtaining a clarification of or relief from the regulation); NRS 233B.”
Checker Cab Co. v. State (1981) nev “The record is devoid of any indication that the Authority adopted this policy after formal rule making procedures of which appellant could seek judicial review, NRS 233B.040; 233B.110, nor is there any indication that the Authority is not free to change the method of allocation…”
State Board of Equalization v. Sierra Pacific Power Co. (1981) nev “Despite the contentions of appellants that devising assessment formulae is not the adoption of regulations, the plain language of NRS 233B.040(1) leads us to conclude otherwise: “To the extent authorized by the statutes applicable to it, each agency may adopt reasonable…”
Bing Construction Co. v. Nevada Department of Taxation (1993) nev “NRS 233B.040(1) allows an agency to adopt “reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper *279 execution of those functions.”
Montage Mktg., LLC v. Washoe Cnty. ex rel. Washoe Cnty. Bd. of Equal. (2018) nev “See NRS 233B.040(1) (providing that regulations "adopted and filed in accordance with the provisions of [NRS Chapter 233B] have the force of law"); NRS 233B.”
Austin v. State Industrial Insurance System (1990) nvd “…id. at §§ 616.1725(9), .380(l)(b), .383(3), having the force of law. Id. at § 233B.040(1). IV. The Extent of Controls and Mandates Assigned by the Nevada Legislature The legislative scheme controlling the SIIS is relatively comprehensive. SIIS is regularly reviewed by the”
Villa v. Arriza-Balaga (1970) nev “NRS 233B.040 provides that “each agency may adopt reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper execution of those functions.”
State Industrial Insurance System v. Romero (1994) nev “See NRS 233B.040. The appeals officer found that SIIS had given the employer notice of Romero’s release to light-duty work, and that the employer had waived its right to object to Romero’s rehabilitation benefits by failing to do so within thirty days.”
Show all 27 citing cases →
— Nev. Rev. Stat. § 233B.040(1) — 15 cases
Dutchess Business Services, Inc. v. Nevada State Board of Pharmacy (2008) nev “24 See NRS 233B.040(1) (authorizing administrative agencies to adopt “reasonable regulations” to aid in carrying out their duties).”
Northern Nevada Ass'n of Injured Workers v. Nevada State Industrial Insurance System (1991) nev “…616.380(l)(b), NRS 616.383(3). The foregoing statutes authorize SIIS to adopt regulations that have the force of law. NRS 233B.040(1). 10 See NRS 616.045 (compensation defined); NRS 616.505 (application for death benefits); NRS 616.055”
Imperial Palace, Inc. v. State Ex Rel. Department of Taxation (1992) nev “) Under NRS 233B.040(1), regulations *1065 “[a]dopted and filed in accordance with the provisions of [NRS Chapter 233B]” have the force of law.”
State Board of Equalization v. Sierra Pacific Power Co. (1981) nev “Despite the contentions of appellants that devising assessment formulae is not the adoption of regulations, the plain language of NRS 233B.040(1) leads us to conclude otherwise: “To the extent authorized by the statutes applicable to it, each agency may adopt reasonable…”
Bing Construction Co. v. Nevada Department of Taxation (1993) nev “NRS 233B.040(1) allows an agency to adopt “reasonable regulations to aid it in carrying out the functions assigned to it by law and shall adopt such regulations as are necessary to the proper *279 execution of those functions.”
— Nev. Rev. Stat. § 233B.040(1)(a) — 4 cases
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev
STATE, COMM'R OF INS. v. CHUR C/W 85728 (2025) nev
STATE, COMM'R OF INS. v. CHUR C/W 85728 (2025) nev
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