NRS
233B.060 Agency to provide notice of intent to adopt, amend or repeal
permanent or temporary regulation; procedure for adoption of permanent
regulation after adoption of temporary regulation.
1. Except as otherwise provided in
subsection 2 and NRS 233B.061, before
adopting, amending or repealing:
(a) A permanent regulation, the agency must,
after receiving the approved or revised text of the proposed regulation
prepared by the Legislative Counsel pursuant to NRS 233B.063:
(1) If it is the first hearing on the
regulation, give at least 30 days’ notice of its intended action, unless a
shorter period of notice is specifically permitted by statute. When posted, the
agency must include notice that the regulation that is posted on the Internet
website of the agency 3 working days before the hearing will be the regulation
considered. The agency shall ensure that the regulation to be considered at the
hearing is posted on the Internet website of the agency 3 working days before
the hearing.
(2) If it is the second or subsequent
hearing on the regulation, including, without limitation, a subsequent hearing
on an adopted regulation that has not been approved by the Legislative
Commission or the Subcommittee to Review Regulations pursuant to NRS 233B.067, in order to approve a
revision to the regulation, give at least 3 working days’ notice of its
intended action.
(b) A temporary regulation, the agency must give
at least 30 days’ notice of its intended action, unless a shorter period of
notice is specifically permitted by statute.
2. Except as otherwise provided in
subsection 3, if an agency has adopted a temporary regulation after notice and
the opportunity for a hearing as provided in this chapter, it may adopt, after
providing a second notice and the opportunity for a hearing, a permanent
regulation, but the language of the permanent regulation must first be approved
or revised by the Legislative Counsel and the adopted regulation must be
approved by the Legislative Commission or the Subcommittee to Review
Regulations appointed pursuant to subsection 6 of NRS 233B.067.
3. If the Public Utilities Commission of
Nevada has adopted a temporary regulation after notice and the opportunity for
a hearing as provided in this chapter, it may adopt a substantively equivalent
permanent regulation without further notice or hearing, but the language of the
permanent regulation must first be approved or revised by the Legislative
Counsel and the adopted regulation must be approved by the Legislative
Commission or the Subcommittee to Review Regulations.
(Added to NRS by 1965,
964; A 1973,
621; 1975,
1157, 1413;
1977,
1386, 1547,
1549;
1981,
186; 1983,
1123, 1244;
1995,
130; 1997,
1973; 2007,
871; 2009,
2284; 2017,
539)
Notes of Decisions
Pub. Serv. Comm'n v. Sw. Gas Corp., 662 P.2d 624 (Nev. 1983).
· cites it 6× “If the PSC order in this case constituted a regulation, as we hold it does, then it is not valid unless the notice provisions of NRS 233B.060 were complied with. They were not.”
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007).
· cites it 3× “3d at 724 (“When an agency engages in conduct that constitutes the making of a regulation, it must adhere to the notice and hearing requirements set forth under NRS 233B.060 and 233B.061.”); NRS 233B.060(1) (specifying the APA’s notice and hearing procedures).”
State Bd. of Equalization v. Sierra Pac. Power Co., 634 P.2d 461 (Nev. 1981).
· cites it 4× “Commission admitted the amendments were made without the adoption of written rules or regulations, and that the notice and hearing provisions of the Administrative Procedure Act applicable to regulation amendment, NRS 233B.060, were not followed. In the district court Sierra…”
Gibbens Co., Inc. v. Archie, 548 P.2d 1366 (Nev. 1976).
· cites it 3× “Those procedural requirements mandate that, prior to the adoption, amendment, or repeal of any regulation, an agency first must give at least thirty days’ notice of its intended action and the time, place, and manner in which interested persons may present their views.”
S. Nevada Operating Engineers Contract Compliance Trust v. Johnson, 119 P.3d 720 (Nev. 2005).
· cites it 2× “’ ” 7 When an agency engages in conduct that constitutes the making of a regulation, it must adhere to the notice and hearing requirements set forth under NRS 233B.060 and 233B.061. 8 *529 The Labor Commissioner insists that the APA’s rulemaking procedures do not apply in this…”
CHECKER, Inc. v. Pub. Serv. Comm'n, 446 P.2d 981 (Nev. 1968).
“*632 This view is expressed in NRS 233B.060, a section of the Nevada Administrative Procedure Act, which provides: “1.”
Harrison v. Dep't of Highways, 484 P.2d 716 (Nev. 1971).
“Policy and Procedure Memorandum 20-8 describes in detail certain procedures to be followed in determining the location of highways. Assuming, arguendo, that as such this is a regulation because it “describes the organization, procedure or practice requirements” of the Department…”
Nevada Tax Comm'n v. Nevada Cement Co., 8 P.3d 147 (Nev. 2000).
“6 Nevada Cement also argues that the Commission is engaging in rulemaking in violation of the Nevada Administrative Procedures Act, which requires notice and public hearing for all proposed regulations or amendments to existing regulations.”
Emp. Sec. Dep't v. Sahara Nevada Corp., 596 P.2d 504 (Nev. 1979).
· cites it 3× “Before us, appellants contend that respondents’ failure to commence a district court action for judicial review within the prescription of NRS 233B.060(6) 1 precludes respondents’ recovery.”
— Nev. Rev. Stat. § 233B.060(1) — 4 cases
Labor Comm'r v. Littlefield, 153 P.3d 26 (Nev. 2007).
“3d at 724 (“When an agency engages in conduct that constitutes the making of a regulation, it must adhere to the notice and hearing requirements set forth under NRS 233B.060 and 233B.061.”); NRS 233B.060(1) (specifying the APA’s notice and hearing procedures).”
Pub. Serv. Comm'n v. Sw. Gas Corp., 662 P.2d 624 (Nev. 1983).
“If the PSC order in this case constituted a regulation, as we hold it does, then it is not valid unless the notice provisions of NRS 233B.060 were complied with. They were not.”
Gibbens Co., Inc. v. Archie, 548 P.2d 1366 (Nev. 1976).
“Those procedural requirements mandate that, prior to the adoption, amendment, or repeal of any regulation, an agency first must give at least thirty days’ notice of its intended action and the time, place, and manner in which interested persons may present their views.”
S. Nevada Operating Engineers Contract Compliance Trust v. Johnson, 119 P.3d 720 (Nev. 2005).
“’ ” 7 When an agency engages in conduct that constitutes the making of a regulation, it must adhere to the notice and hearing requirements set forth under NRS 233B.060 and 233B.061. 8 *529 The Labor Commissioner insists that the APA’s rulemaking procedures do not apply in this…”
— Nev. Rev. Stat. § 233B.060(3) — 2 cases
Pub. Serv. Comm'n v. Sw. Gas Corp., 662 P.2d 624 (Nev. 1983).
“If the PSC order in this case constituted a regulation, as we hold it does, then it is not valid unless the notice provisions of NRS 233B.060 were complied with. They were not.”
Gibbens Co., Inc. v. Archie, 548 P.2d 1366 (Nev. 1976).
“Those procedural requirements mandate that, prior to the adoption, amendment, or repeal of any regulation, an agency first must give at least thirty days’ notice of its intended action and the time, place, and manner in which interested persons may present their views.”
— Nev. Rev. Stat. § 233B.060(5) — 1 case
Gibbens Co., Inc. v. Archie, 548 P.2d 1366 (Nev. 1976).
“Those procedural requirements mandate that, prior to the adoption, amendment, or repeal of any regulation, an agency first must give at least thirty days’ notice of its intended action and the time, place, and manner in which interested persons may present their views.”
— Nev. Rev. Stat. § 233B.060(6) — 2 cases
Pub. Serv. Comm'n v. Sw. Gas Corp., 662 P.2d 624 (Nev. 1983).
“If the PSC order in this case constituted a regulation, as we hold it does, then it is not valid unless the notice provisions of NRS 233B.060 were complied with. They were not.”
Emp. Sec. Dep't v. Sahara Nevada Corp., 596 P.2d 504 (Nev. 1979).
“Before us, appellants contend that respondents’ failure to commence a district court action for judicial review within the prescription of NRS 233B.060(6) 1 precludes respondents’ recovery.”
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