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
K-Mart Corp. v. State Indus. Ins. Sys., 693 P.2d 562 (Nev. 1985).
· 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.”
State Democratic Party v. Repub. Party, 256 P.3d 1 (Nev. 2011).
“, 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, 621 P.2d 496 (Nev. 1981).
“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 Bd. of Equalization v. Sierra Pac. Power Co., 634 P.2d 461 (Nev. 1981).
“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 Constr. Co. v. Nevada Dep't of Taxation, 849 P.2d 302 (Nev. 1993).
“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.”
Austin v. State Indus. Ins. Sys., 741 F. Supp. 1466 (D. Nev. 1990).
“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.”
Villa v. Arriza-Balaga, 466 P.2d 663 (Nev. 1970).
“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 Indus. Ins. Sys. v. Romero, 877 P.2d 541 (Nev. 1994).
“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.”
— Nev. Rev. Stat. § 233B.040(1) — 15 cases
State Bd. of Equalization v. Sierra Pac. Power Co., 634 P.2d 461 (Nev. 1981).
“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 Constr. Co. v. Nevada Dep't of Taxation, 849 P.2d 302 (Nev. 1993).
“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
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.