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

Nev. Rev. Stat. § 233B.110

Declaratory judgment to determine validity or applicability of regulation

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NRS 233B.110  Declaratory judgment to determine validity or applicability of regulation.

      1.  The validity or applicability of any regulation may be determined in a proceeding for a declaratory judgment in the district court in and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff. A declaratory judgment may be rendered after the plaintiff has first requested the agency to pass upon the validity of the regulation in question. The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency. The agency whose regulation is made the subject of the declaratory action shall be made a party to the action.

      2.  An agency may institute an action for declaratory judgment to establish the validity of any one or more of its own regulations.

      3.  Actions for declaratory judgment provided for in subsections 1 and 2 shall be in accordance with the Uniform Declaratory Judgments Act (chapter 30 of NRS), and the Nevada Rules of Civil Procedure. In all actions under subsections 1 and 2, the plaintiff shall serve a copy of the complaint upon the Attorney General, who is also entitled to be heard.

      (Added to NRS by 1965, 965; A 1969, 317; 1977, 1388)

     

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2000–2023 · 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× “The district court then made the following conclusions: (1) the declaratory relief action was proper pursuant to NRS 233B.110, (2) an agency’s statutory construction is a legal question subject to de novo review, and (3) the legislative intent of NRS 616C.”
State v. State Farm Mutual Automobile Insurance (2000) nev “See NRS 233B.110; Clark Co. Social Service Dep’t v.”
Dunning v. State, Bd. of Physical Therapy Exam'rs. (2016) nev · cites it 13× “The district court order states that the motion to dismiss was granted "pursuant to NRS 233B.110" without any further explanation.”
Killebrew v. Donohue (2023) nev · cites it 12× “er NRS 233B.110, which mandates that we review the regulation for violations of constitutional or statutory provisions or whether it exceeds the permissible scope of statutory authority.”
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev · cites it 8× “The RGJ's petition for a writ of mandamus was procedurally proper As a threshold matter, the City argues that an action for declaratory relief under the Nevada Administrative Procedure Act, see NRS 233B.110, not a writ petition, was the proper vehicle to seek unredacted copies…”
Smith Vs. State, Bd. Of Wildlife Comm'Rs (2020) nev · cites it 7× “" That statute further provides, "The court shall declare the regulation invalid if it finds that it violates constitutional or statutory provisions or exceeds the statutory authority of the agency.”
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev · cites it 4× “The RGJ's petition for a writ of mandamus was procedurally proper As a threshold matter, the City argues that an action for declaratory relief under the Nevada Administrative Procedure Act, see NRS 233B.110, not a writ petition, was the proper vehicle to seek unredacted copies…”
Dickson v. State of Nevada (2021) nvd “In NRS 233B.110, the state provides for “a proceeding for declaratory judgment in the district court in 24 and for Carson City, or in and for the county where the plaintiff resides, when it is alleged that the regulation, or its proposed application, interferes with or impairs,…”
— Nev. Rev. Stat. § 233B.110(1) — 5 cases
Nevada Attorney for Injured Workers v. Nevada Self-Insurers Ass'n (2010) nev “The district court then made the following conclusions: (1) the declaratory relief action was proper pursuant to NRS 233B.110, (2) an agency’s statutory construction is a legal question subject to de novo review, and (3) the legislative intent of NRS 616C.”
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev “The RGJ's petition for a writ of mandamus was procedurally proper As a threshold matter, the City argues that an action for declaratory relief under the Nevada Administrative Procedure Act, see NRS 233B.110, not a writ petition, was the proper vehicle to seek unredacted copies…”
Killebrew v. Donohue (2023) nev “er NRS 233B.110, which mandates that we review the regulation for violations of constitutional or statutory provisions or whether it exceeds the permissible scope of statutory authority.”
Dunning v. State, Bd. of Physical Therapy Exam'rs. (2016) nev “The district court order states that the motion to dismiss was granted "pursuant to NRS 233B.110" without any further explanation.”
CITY OF SPARKS VS. RENO NEWSPAPERS, INC. (2017) nev “The RGJ's petition for a writ of mandamus was procedurally proper As a threshold matter, the City argues that an action for declaratory relief under the Nevada Administrative Procedure Act, see NRS 233B.110, not a writ petition, was the proper vehicle to seek unredacted copies…”
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