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

Nev. Rev. Stat. § 233B.061

Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law

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NRS 233B.061  Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law.

      1.  All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.

      2.  Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation, except that a workshop is not required if it is the second or subsequent hearing on the regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop:

      (a) In writing to each person who has requested to be placed on a mailing list;

      (b) By electronic mail to chambers of commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed regulation; and

      (c) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

      3.  With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

      4.  An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency holds the workshop required pursuant to subsection 2.

      5.  Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance with the provisions of chapter 241 of NRS.

      6.  The agency shall maintain an electronic mailing list of chambers of commerce, trade associations and owners and officers of businesses. The electronic mailing list must be updated on or before January 31 of each year. The agency must provide notification pursuant to this section to each chamber of commerce and trade association by electronic mail regardless of whether the chamber of commerce or trade association has requested that it be placed on the electronic mailing list. Nothing in this section prohibits the agency from also providing notification pursuant to this section by mail.

      (Added to NRS by 1983, 1125; A 1989, 571; 1997, 185; 2005, 1407; 2007, 873; 2009, 2284; 2017, 540; 2025, 2742)

     

Notes of Decisions
Cited in 5 cases, 2005–2013 · leading case: Nevada Attorney for Injured Workers v. Nevada Self-Insurers Ass'n
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Nevada Attorney for Injured Workers v. Nevada Self-Insurers Ass'n (2010) nev · cites it 2× “100; NRS 233B.061. 5 Dr. Cocchiarella also co-authored a book that instructs rating physicians how to utilize the AMA Guides properly when making impairment ratings for permanent partial disabilities.”
Labor Commissioner v. Littlefield (2007) nev · cites it 3× “See NRS 233B.061. State Farm Mut., 114 Nev. at 543 , 958 P.”
Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson (2005) nev · cites it 2× “061 states that: *529 1. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation, orally or in writing.”
STATE DEMOCRATIC PARTY v. Republican Party (2011) nev “0609 (providing notice requirements before the adoption of regulations); NRS 233B.061 (providing the opportunity for public comment with respect to proposed regulations).”
State, Department of Taxation v. Chrysler Group LLC (2013) nev “060(1)(a); NRS 233B.061(1). A statement of general applicability is a policy or rule that applies to multiple parties in a similar manner.”
— Nev. Rev. Stat. § 233B.061(1) — 1 case
State, Department of Taxation v. Chrysler Group LLC (2013) nev “060(1)(a); NRS 233B.061(1). A statement of general applicability is a policy or rule that applies to multiple parties in a similar manner.”
— Nev. Rev. Stat. § 233B.061(2) — 2 cases
Nevada Attorney for Injured Workers v. Nevada Self-Insurers Ass'n (2010) nev “100; NRS 233B.061. 5 Dr. Cocchiarella also co-authored a book that instructs rating physicians how to utilize the AMA Guides properly when making impairment ratings for permanent partial disabilities.”
Labor Commissioner v. Littlefield (2007) nev “See NRS 233B.061. State Farm Mut., 114 Nev. at 543 , 958 P.”
— Nev. Rev. Stat. § 233B.061(3) — 1 case
Labor Commissioner v. Littlefield (2007) nev “See NRS 233B.061. State Farm Mut., 114 Nev. at 543 , 958 P.”
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