NRS 233B.0608
Proposed permanent or temporary regulation: Determination of impact on small businesses

  • consultation with owners and officers of small businesses
  • analysis of likely impact on small business
  • consideration of methods to reduce impact on small businesses
  • preparation of small business impact statement
  • requirement to include impact statement in submission to Legislative Counsel Bureau.

1.

Before conducting a workshop for a proposed regulation pursuant to NRS 233B.061, an agency shall make a concerted effort to determine whether the proposed regulation is likely to:

(a)

Impose a direct and significant economic burden upon a small business; or

(b)

Directly restrict the formation, operation or expansion of a small business.

2.

If an agency determines pursuant to subsection 1 that a proposed regulation is likely to impose a direct and significant economic burden upon a small business or directly restrict the formation, operation or expansion of a small business, the agency shall:

(a)

Insofar as practicable, consult with owners and officers of small businesses that are likely to be affected by the proposed regulation.

(b)

Conduct or cause to be conducted an analysis of the likely impact of the proposed regulation on small businesses. Insofar as practicable, the analysis must be conducted by the employee of the agency who is most knowledgeable about the subject of the proposed regulation and its likely impact on small businesses or by a consultant or other independent contractor who has such knowledge and is retained by the agency.

(c)

Consider methods to reduce the impact of the proposed regulation on small businesses, including, without limitation:

(1)

Simplifying the proposed regulation;

(2)

Establishing different standards of compliance for a small business; and

(3)

Modifying a fee or fine set forth in the regulation so that a small business is authorized to pay a lower fee or fine.

(d)

Prepare a small business impact statement and make copies of the statement available to the public not less than 15 days before the workshop conducted and the public hearing held pursuant to NRS 233B.061. A copy of the statement must accompany the notice required by subsection 2 of NRS 233B.061 and the agenda for the public hearing held pursuant to that section.

3.

The agency shall prepare a statement identifying the methods used by the agency in determining the impact of a proposed regulation on a small business and the reasons for the conclusions of the agency. The director, executive head or other person who is responsible for the agency shall sign the statement certifying that, to the best of his or her knowledge or belief, a concerted effort was made to determine the impact of the proposed regulation on small businesses and that the information contained in the statement is accurate.

4.

Each adopted regulation which is submitted to the Legislative Counsel pursuant to NRS 233B.067 must be accompanied by a copy of the small business impact statement and the statement made pursuant to subsection 3. If the agency revises a regulation after preparing the small business impact statement and the statement made pursuant to subsection 3, the agency must include an explanation of the revision and the effect of the change on small businesses.

Source: Section 233B.0608 — Proposed permanent or temporary regulation: Determination of impact on small businesses; consultation with owners and officers of small businesses; analysis of likely impact on small business; consideration of methods to reduce impact on small businesses; preparation of small business impact statement; requirement to include impact statement in submission to Legislative Counsel Bureau., https://www.­leg.­state.­nv.­us/NRS/NRS-233B.­html#NRS233BSec0608.

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.0608’s source at nv​.us