Assembly Bill No. 12–Committee on Government Affairs

Prefiled January 7, 1999

____________

Referred to Committee on Government Affairs

 

SUMMARY—Makes various changes concerning administrative procedure of state and local government. (BDR 18-10)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to administrative procedure; revising the definition of "regulation" for purposes of the Nevada Administrative Procedure Act; authorizing judicial review of a final administrative decision made by a hearing officer of a local government; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 233B.038 is hereby amended to read as follows:

1-2 233B.038 "Regulation" means an agency rule, standard, directive or

1-3 statement of general applicability which effectuates or interprets law or

1-4 policy, or describes the organization, procedure or practice requirements of

1-5 any agency. The term [includes a] :

1-6 1. Includes, without limitation:

1-7 (a) A proposed regulation [and the] ;

1-8 (b) The amendment or repeal of a prior regulation [, but does] ; and

1-9 (c) A state policy, interpretation or finding of general applicability that

1-10 an agency applies to:

1-11 (1) Determine whether a person is in compliance with a federal or

1-12 state statute or regulation; or

1-13 (2) Assess a fine, monetary penalty or monetary interest.

1-14 2. Does not include:

1-15 [1.] (a) A statement concerning only the internal management of an

1-16 agency and not affecting private rights or procedures available to the

1-17 public;

1-18 [2.] (b) A declaratory ruling;

2-1 [3.] (c) An intraagency memorandum;

2-2 [4.] (d) A manual of internal policies and procedures, including,

2-3 without limitation, audit procedures, of an agency which is used solely to

2-4 train or provide guidance to employees of the agency and which is not

2-5 used as authority in a contested case to determine whether a person is in

2-6 compliance with a federal or state statute or regulation;

2-7 (e) An agency decision or finding in a contested case; [or

2-8 5.] (f) An advisory opinion issued by an agency that is not of general

2-9 applicability;

2-10 (g) An interpretation of an agency that has specific statutory authority

2-11 to issue interpretations which is not of general applicability;

2-12 (h) Letters of approval, concurrence or disapproval issued in relation

2-13 to a permit for a specific project or activity; or

2-14 (i) A regulation concerning the use of public roads or facilities which is

2-15 indicated to the public by means of signs [and signals.] , signals and other

2-16 traffic-control devices that conform with the manual and specifications

2-17 for a uniform system of official traffic-control devices adopted pursuant

2-18 to NRS 484.781.

2-19 Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a

2-20 new section to read as follows:

2-21 If the governing body of a county has authorized the hiring or

2-22 appointment of a hearing officer to make final administrative decisions

2-23 on behalf of that governing body, a person who is aggrieved by a final

2-24 administrative decision of the hearing officer may obtain judicial review

2-25 of the decision, as if the hearing officer were a state agency, in the

2-26 manner provided in NRS 233B.130 to 233B.150, inclusive.

2-27 Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a

2-28 new section to read as follows:

2-29 If the governing body of a city has authorized the hiring or

2-30 appointment of a hearing officer to make final administrative decisions

2-31 on behalf of that governing body, a person who is aggrieved by a final

2-32 administrative decision of the hearing officer may obtain judicial review

2-33 of the decision, as if the hearing officer were a state agency, in the

2-34 manner provided in NRS 233B.130 to 233B.150, inclusive.

2-35 Sec. 4. This act becomes effective on July 1, 1999, for the purpose of

2-36 adopting regulations to comply with the amendatory provisions of section 1

2-37 of this act and on January 1, 2000, for all other purposes.

~