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

Mentioned in

Agency Policy Challenges: A Different Way to Fight an Assessment

American Bar Association, March 8, 2018

“Interestingly, tax cases do not often take advantage of these administrative challenges. This is surprising when ambiguities in tax statutes are generally construed against the state, giving taxpayers an advantage…”
 
Bibliographic info

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.

Source: Section 233B.110 — Declaratory judgment to determine validity or applicability of regulation., https://www.­leg.­state.­nv.­us/NRS/NRS-233B.­html#NRS233BSec110.

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

Aug. 30, 2023

§ 233B.110’s source at nv​.us