NRS 233B.067
Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel

  • endorsement of date and maintenance of copy by Legislative Counsel
  • statement by agency required if adoption of regulation is required by federal law
  • review by Legislative Commission or Subcommittee to Review Regulations
  • written request by agency for review by Subcommittee in emergency circumstances
  • approval of or objection to by Commission or Subcommittee
  • duty of Legislative Counsel to file approved regulations with Secretary of State or return regulations with notice of objection to agency
  • appointment of members of Subcommittee.

1.

After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and one copy of each regulation adopted to the Legislative Counsel for review by the Legislative Commission to determine whether to approve the regulation. The Legislative Counsel shall endorse on the original and the copy of each adopted regulation the date of their receipt. The Legislative Counsel shall maintain the copy of the regulation in a file and make the copy available for public inspection for 2 years.

2.

If an agency submits an adopted regulation to the Legislative Counsel pursuant to subsection 1 that:

(a)

The agency is required to adopt pursuant to a federal statute or regulation; and

(b)

Exceeds the specific statutory authority of the agency or sets forth requirements that are more stringent than a statute of this State,
Ê it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.

3.

Except as otherwise provided in subsection 4, the Legislative Commission shall:

(a)

Review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting; or

(b)

Refer the regulation for review to the Subcommittee to Review Regulations appointed pursuant to subsection 6.

4.

If an agency determines that an emergency exists which requires a regulation of the agency submitted pursuant to subsection 1 to become effective before the next meeting of the Legislative Commission is scheduled to be held, the agency may notify the Legislative Counsel in writing of the emergency. Upon receipt of such a notice, the Legislative Counsel shall refer the regulation for review by the Subcommittee to Review Regulations. The Subcommittee shall meet to review the regulation as soon as practicable.

5.

If the Legislative Commission, or the Subcommittee to Review Regulations if the regulation was referred, approves the regulation, the Legislative Counsel shall promptly file the regulation with the Secretary of State and notify the agency of the filing. If the Commission or Subcommittee objects to the regulation after determining that:

(a)

If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation;

(b)

The regulation does not conform to statutory authority;

(c)

The regulation does not carry out legislative intent;

(d)

The small business impact statement is inaccurate, incomplete or did not adequately consider or significantly underestimated the economic effect of the regulation on small businesses; or

(e)

The agency has not provided a satisfactory explanation of the need for the regulation in its informational statement as required pursuant to NRS 233B.066, or the informational statement is insufficient or incomplete,
Ê the Legislative Counsel shall attach to the regulation a written notice of the objection, including, if practicable, a statement of the reasons for the objection, and shall promptly return the regulation to the agency.

6.

As soon as practicable after each regular legislative session, the Legislative Commission shall appoint a Subcommittee to Review Regulations consisting of at least three members or alternate members of the Legislative Commission.

Source: Section 233B.067 — Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel; endorsement of date and maintenance of copy by Legislative Counsel; statement by agency required if adoption of regulation is required by federal law; review by Legislative Commission or Subcommittee to Review Regulations; written request by agency for review by Subcommittee in emergency circumstances; approval of or objection to by Commission or Subcommittee; duty of Legislative Counsel to file approved regulations with Secretary of State or return regulations with notice of objection to agency; appointment of members of Subcommittee., https://www.­leg.­state.­nv.­us/NRS/NRS-233B.­html#NRS233BSec067.

233B.040
Regulations: Authority to adopt 233B.045
Treatment of regulations adopted by certain entities other than agencies. 233B.050
Adoption of rules of practice 233B.060
Agency to provide notice of intent to adopt, amend or repeal permanent or temporary regulation 233B.061
Proposed permanent or temporary regulation: Public comment 233B.062
Policies for drafting and accessibility of regulations 233B.063
Submission of proposed permanent regulation to Legislative Counsel 233B.064
Permanent regulation: Prohibition against adoption until text approved or revised by Legislative Counsel 233B.065
Production and distribution of Nevada Administrative Code. 233B.066
Informational statement required concerning adopted permanent or temporary regulation 233B.067
Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel 233B.070
Effective date of permanent, temporary and emergency regulations 233B.080
Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency. 233B.090
Rebuttable presumption of regularity of adoption and filing of regulation. 233B.100
Petition for adoption, filing, amendment or repeal of regulation 233B.105
Objection to adopted regulation by small business 233B.110
Declaratory judgment to determine validity or applicability of regulation. 233B.115
Review of agency forms by Legislative Commission 233B.120
Petitions for declaratory orders and advisory opinions 233B.0395
Ratification of Nevada Administrative Code. 233B.0601
Notice of meeting or workshop regarding adoption of permanent or temporary regulation: Agency to provide electronic copy to Legislative Counsel Bureau for posting on website. 233B.0603
Contents and form of notice of intent to adopt, amend or repeal permanent or temporary regulation 233B.0607
Proposed permanent or temporary regulation: Filing 233B.0608
Proposed permanent or temporary regulation: Determination of impact on small businesses 233B.0609
Proposed permanent or temporary regulation: Contents and certification of small business impact statement. 233B.0613
Emergency regulations. 233B.0617
Limitation on objections to regulation. 233B.0633
Temporary regulation: Review by Legislative Commission or Subcommittee to Review Regulations 233B.0635
Permanent regulation: Reimbursement of Legislative Counsel Bureau for cost of examination and revision. 233B.0653
Register of Administrative Regulations: Contents 233B.0656
Register of Administrative Regulations: Access via Internet. 233B.0658
Explanatory statement required concerning emergency actions 233B.0665
Failure to submit informational statement or small business impact statement concerning permanent regulation. 233B.0675
Permanent regulation: Revision and resubmission of regulation objected to by Legislative Commission or Subcommittee to Review Regulations 233B.0677
Meeting to review adopted temporary or permanent regulations: Written notice 233B.0681
Early review of permanent regulation by Legislative Commission
Last Updated

Feb. 5, 2021

§ 233B.067’s source at nv​.us