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.

Source: Section 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., https://www.­leg.­state.­nv.­us/NRS/NRS-233B.­html#NRS233BSec040.

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.040’s source at nv​.us