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).

1-1 Section 1. Chapter 233B of NRS is hereby amended by adding thereto

1-2 a new section to read as follows:

1-3 An agency that takes an emergency action as described in paragraph

1-4 (l) of subsection 2 of NRS 233B.038 shall file with the legislative counsel

1-5 within 5 working days after taking the action a statement that describes

1-6 the action taken and the reason for the action. If the agency is prohibited

1-7 by federal law, regulation, interpretation or instruction from describing

1-8 the action taken or the reason for the action, the statement must cite the

1-9 federal law, regulation, interpretation or instruction that prohibits such

1-10 disclosure. The legislative counsel shall include a statement filed

1-11 pursuant to this section in the register of administrative regulations

1-12 published pursuant to NRS 233B.0653.

1-13 Sec. 2. NRS 233B.038 is hereby amended to read as follows:

1-14 233B.038 1. "Regulation" means [an] :

1-18 includes a] ;

2-1 (b) A proposed regulation [and the] ;

2-2 (c) The amendment or repeal of a prior regulation [, but] ; and

2-3 (d) The general application by an agency of a written policy,

2-4 interpretation, process or procedure to determine whether a person is in

2-5 compliance with a federal or state statute or regulation in order to assess

2-6 a fine, monetary penalty or monetary interest.

2-7 2. The term does not include:

2-8 [1.] (a) A statement concerning only the internal management of an

2-9 agency and not affecting private rights or procedures available to the public;

2-10 [2.] (b) A declaratory ruling;

2-11 [3.] (c) An intraagency memorandum;

2-12 [4.] (d) A manual of internal policies and procedures or audit

2-13 procedures of an agency which is used solely to train or provide guidance

2-14 to employees of the agency and which is not used as authority in a

2-15 contested case to determine whether a person is in compliance with a

2-16 federal or state statute or regulation;

2-17 (e) An agency decision or finding in a contested case; [or

2-18 5.] (f) An advisory opinion issued by an agency that is not of general

2-19 applicability;

2-20 (g) A published opinion of the attorney general;

2-21 (h) An interpretation of an agency that has statutory authority to issue

2-22 interpretations;

2-23 (i) Letters of approval, concurrence or disapproval issued in relation to

2-24 a permit for a specific project or activity;

2-25 (j) A contract or agreement into which an agency has entered;

2-26 (k) The provisions of a federal law, regulation or guideline;

2-27 (l) An emergency action taken by an agency that is necessary to

2-28 protect public health and safety;

2-29 (m) The application by an agency of a policy, interpretation, process

2-30 or procedure to a person who has sufficient prior actual notice of the

2-31 policy, interpretation, process or procedure to determine whether the

2-32 person is in compliance with a federal or state statute or regulation in

2-33 order to assess a fine, monetary penalty or monetary interest;

2-34 (n) A regulation concerning the use of public roads or facilities which

2-35 is indicated to the public by means of signs [and signals.] , signals and

2-36 other traffic-control devices that conform with the manual and

2-37 specifications for a uniform system of official traffic-control devices

2-38 adopted pursuant to NRS 484.781; or

2-39 (o) The classification of wildlife or the designation of seasons for

2-40 hunting, fishing or trapping by regulation of the board of wildlife

2-41 commissioners pursuant to the provisions of Title 45 of NRS.

3-1 Sec. 3. NRS 233B.039 is hereby amended to read as follows:

3-2 233B.039 1. The following agencies are entirely exempted from the

3-3 requirements of this chapter:

3-4 (a) The governor.

3-5 (b) The department of prisons.

3-6 (c) The University and Community College System of Nevada.

3-7 (d) The office of the military.

3-8 (e) The state gaming control board.

3-9 (f) The Nevada gaming commission.

3-10 (g) The welfare division of the department of human resources.

3-11 (h) The state board of examiners acting pursuant to chapter 217 of NRS.

3-12 (i) Except as otherwise provided in NRS 533.365, the office of the state

3-13 engineer.

3-14 (j) The division of industrial relations of the department of business

3-15 and industry acting to enforce the provisions of NRS 618.375.

3-16 (k) The board to review claims in adopting resolutions to carry out its

3-17 duties pursuant to NRS 590.830.

3-18 2. Except as otherwise provided in NRS 391.323, the department of

3-19 education, the committee on benefits and the commission on professional

3-20 standards in education are subject to the provisions of this chapter for the

3-21 purpose of adopting regulations but not with respect to any contested case.

3-22 3. The special provisions of:

3-23 (a) Chapter 612 of NRS for the distribution of regulations by and the

3-24 judicial review of decisions of the employment security division of the

3-25 department of employment, training and rehabilitation;

3-26 (b) Chapters 616A to 617, inclusive, of NRS for the determination of

3-27 contested claims;

3-28 (c) Chapter 703 of NRS for the judicial review of decisions of the public

3-29 utilities commission of Nevada;

3-30 (d) Chapter 91 of NRS for the judicial review of decisions of the

3-31 administrator of the securities division of the office of the secretary of state;

3-32 and

3-33 (e) NRS 90.800 for the use of summary orders in contested cases,

3-34 prevail over the general provisions of this chapter.

3-35 4. The provisions of NRS 233B.122, 233B.124, 233B.125 and

3-36 233B.126 do not apply to the department of human resources in the

3-37 adjudication of contested cases involving the issuance of letters of approval

3-38 for health facilities and agencies.

3-39 5. The provisions of this chapter do not apply to:

3-40 (a) Any order for immediate action, including, but not limited to,

3-41 quarantine and the treatment or cleansing of infected or infested animals,

3-42 objects or premises, made under the authority of the state board of

3-43 agriculture, the state board of health, the state board of sheep

4-1 commissioners or any other agency of this state in the discharge of a

4-2 responsibility for the preservation of human or animal health or for insect

4-3 or pest control; or

4-4 (b) An extraordinary regulation of the state board of pharmacy adopted

4-5 pursuant to NRS 453.2184.

4-6 6. The state board of parole commissioners is subject to the provisions

4-7 of this chapter for the purpose of adopting regulations but not with respect

4-8 to any contested case.

4-9 Sec. 4. NRS 590.830 is hereby amended to read as follows:

4-10 590.830 1. The fund for cleaning up discharges of petroleum is

4-20 fund.

4-21 3. The board shall transmit a copy of any resolution that the board

4-22 has adopted in carrying out its duties pursuant to this section to the

4-23 legislative counsel within 5 working days after the adoption of the

4-24 resolution for inclusion in the register of administrative regulations

4-25 published pursuant to NRS 233B.0653.

4-26 Sec. 5. Chapter 618 of NRS is hereby amended by adding thereto a

4-27 new section to read as follows:

4-28 The division shall submit a written report quarterly to the advisory

4-29 council of the division which lists each citation issued by the division for a

4-30 violation of NRS 618.375 during that quarter and the circumstances for

4-31 which the citation was issued. Within 5 working days after submission of

4-32 such a report to the advisory council, the division shall transmit the report

4-33 to the legislative counsel for inclusion in the register of administrative

4-34 regulations published pursuant to NRS 233B.0653.

4-35 Sec. 6. This act becomes effective on July 1, 1999, for the purpose of

4-36 adopting regulations to comply with the amendatory provisions of section 2

4-37 of this act and on January 1, 2000, for all other purposes.