[Rev. 6/29/2024 3:21:19 PM--2023]
CHAPTER 232 - STATE DEPARTMENTS
GENERAL PROVISIONS
NRS 232.003 Policy on public engagement incorporating use of Internet and Internet tools.
NRS 232.004 State Administrative Manual: Creation; compilation and publication; notice requirements for proposed changes; submission of comments about proposed changes.
NRS 232.005 Transfer of personnel within department authorized; powers and duties of director or chief executive officer.
NRS 232.006 Acceptance of consular identification card, permanent resident card or tribal identification card to identify person.
NRS 232.007 Recycling required by state agencies; exceptions; consultation with State Department of Conservation and Natural Resources; annual report to Director of Department; deposit of money received for recycling in State General Fund.
NRS 232.008 Disposal of electronic waste by state agencies.
NRS 232.0081 Language access plan: Development and biennial revision; requirements; public comment; legislative recommendations; inclusion of necessary funding in proposed budget of agency. [Effective through May 19, 2024.]
NRS 232.0081 Language access plan: Development and biennial revision; requirements; public comment; legislative recommendations; inclusion of necessary funding in proposed budget of agency. [Effective May 20, 2024.]
NRS 232.0083 Requirements related to minority groups: Definitions.
NRS 232.0084 Requirements related to minority groups: Collaboration in development and implementation of policies and programs; accessibility and inclusivity of programs and services; communication.
NRS 232.0085 Requirements related to minority groups: Designation and duties of diversity and inclusion liaison.
NRS 232.0086 Requirements related to minority groups: Publication of name and contact information of diversity and inclusion liaison on Internet website; provision of such information to certain state agencies.
NRS 232.0087 Requirements related to minority groups: Meeting between diversity and inclusion liaisons and minority groups; annual report on meeting.
NRS 232.0088 State agency not to cooperate in investigation or proceeding initiated in or by another state relating to reproductive health care services that are legal in this State; exceptions; definitions.
STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
NRS 232.010 Definitions.
NRS 232.020 Creation; responsibility for administering law.
NRS 232.030 Director: Creation of position.
NRS 232.040 Director: Selection; qualifications.
NRS 232.050 Director: Appointment; classification; other employment prohibited.
NRS 232.055 Deputy Directors: Appointment; assignment of duties; classification; restrictions on other employment.
NRS 232.060 Director: Appointment of staff.
NRS 232.070 Director: Powers and duties; regulations; deposit of gifts in Department of Conservation and Natural Resources Gift Fund. [Effective through June 30, 2024.]
NRS 232.070 Director: Powers and duties; regulations; deposit of gifts in Department of Conservation and Natural Resources Gift Fund. [Effective July 1, 2024.]
NRS 232.075 Charges for books, reports and periodicals distributed.
NRS 232.080 Attorney General is counsel for Department; designation, duties and classification of deputy attorney general.
NRS 232.090 Composition of Department.
NRS 232.100 Division of Water Resources: Appointment of State Engineer as executive head; powers and duties.
NRS 232.110 Division of State Lands: Appointment of Administrator as executive head and ex officio State Land Registrar; appointment and assignment of duties of deputies, assistants and employees.
NRS 232.120 Division of Forestry: Appointment of State Forester Firewarden as executive head; powers and duties.
NRS 232.135 Division of State Parks: Appointment of Administrator of Nevada State Park System; duties.
NRS 232.136 Division of Environmental Protection: Composition; appointment and classification of Administrator.
NRS 232.1363 Division of Outdoor Recreation: Appointment of Administrator as executive head; duties.
NRS 232.1366 Division of Natural Heritage: Composition; appointment and classification of Administrator.
NRS 232.1369 Division of Natural Heritage: Duties; confidentiality and disclosure of certain information related to rare plant or animal species or ecological communities; regulations.
NRS 232.139 Deputies and chief assistants of chiefs of divisions: Appointment; classification; restrictions on other employment.
NRS 232.140 Support of Department provided by legislative appropriations; claims. [Effective through June 30, 2024.]
NRS 232.140 Support of Department provided by legislative appropriations; claims. [Effective July 1, 2024.]
NRS 232.150 Delineation of areas subject to flooding; information to be furnished to planning agencies; cooperation of Division of Public and Behavioral Health of Department of Health and Human Services.
NRS 232.1585 Off-Highway Vehicles Program: Creation; administration; technical advisory committee; report; budget; regulations.
NRS 232.159 Account for the Protection and Rehabilitation of the Stewart Indian School: Creation; powers and duties of Director; limitations on use of money in Account; advisory committee; authorization of sale of certain land. [Effective through June 30, 2024.]
NRS 232.161 Account to Restore the Sagebrush Ecosystem: Creation; powers and duties of Director; limitations on use of money in Account; claims.
NRS 232.162 Sagebrush Ecosystem Council: Creation; members; terms; vacancies; compensation; powers and duties; biannual report to Governor.
DEPARTMENT OF ADMINISTRATION
Generally
NRS 232.212 Definitions.
NRS 232.213 Creation; composition.
NRS 232.214 Director: Appointment; classification; other employment prohibited.
NRS 232.215 Director: Appointments; other powers and duties.
NRS 232.2165 Classification of administrators of divisions and Executive Officer of the Public Employees’ Deferred Compensation Program.
NRS 232.217 Deputies and chief assistants of certain administrators of divisions: Appointment; classification; restrictions on other employment.
NRS 232.2175 Posting of notices of meetings by public bodies on State’s website: Requirements; duties of Department; regulations.
NRS 232.2185 Directory of public bodies: Duties of Department.
NRS 232.219 Department of Administration’s Operating Fund for Administrative Services: Creation; deposits; payments.
NRS 232.2195 Duties of Administrative Services Division.
NRS 232.2196 Department of Administration’s Communications Fund: Creation; nature; claims.
NRS 232.2197 Department of Administration’s Communications Fund: Revenue.
NRS 232.2198 Central Mailing Room: Establishment; use; duties of staff.
Office of Grant Procurement, Coordination and Management
NRS 232.222 Administrator: Qualifications; other employment prohibited. [Replaced in revision by NRS 223.474.]
NRS 232.223 Administrator to employ persons in classified or unclassified service to assist Administrator under his or her direction. [Replaced in revision by NRS 223.476.]
NRS 232.224 Administrator: Duties; report; regulations; development and maintenance of manual of policies and procedures; provision of training, assistance and support. [Replaced in revision by NRS 223.478.]
NRS 232.225 State agency to inform Office of any application for or receipt of grant and any unexpended portions thereof. [Replaced in revision by NRS 223.480.]
NRS 232.226 Authority of Office to apply for and receive gifts, grants, contributions and other money. [Replaced in revision by NRS 223.482.]
NRS 232.227 Account for the Office of Grant Procurement, Coordination and Management: Creation; administration; deposits; interest and income; use; claims. [Replaced in revision by NRS 223.484.]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Generally
NRS 232.290 Definitions.
NRS 232.300 Creation; divisions; responsibility for administering law.
NRS 232.310 Director: Appointment; classification; other employment prohibited; qualifications.
NRS 232.320 Appointment of administrators of divisions; powers and duties of Director.
NRS 232.330 Director: Employment of staff.
NRS 232.340 Administrators of divisions: Classification; duties; restrictions on other employment.
NRS 232.350 Deputies and chief assistants of administrators of divisions.
NRS 232.353 Adoption of state plans required by Federal Government.
NRS 232.3532 Development of plan of behavioral health needs in emergency or disaster; annual report.
NRS 232.355 Department of Health and Human Services’ Gift Fund: Creation; accounts; deposit of money received by divisions; claims; disposition of property other than money.
NRS 232.357 Limitations on sharing confidential information by divisions.
NRS 232.358 Division of Public and Behavioral Health: Establishment of educational program regarding prevention of domestic violence and medical, mental health and social services available to victims of domestic violence.
NRS 232.359 System to provide nonemergency information and referrals concerning health, welfare, human and social services: Establishment; requirements.
Success Contracts
NRS 232.3601 “Success contract” defined.
NRS 232.3602 Authority to enter; required provisions; procedure for award; reports.
NRS 232.3603 Success Contract Account: Creation; administration; interest and income; nonreversion; deposit of gifts, grants and donations; use.
Commission on Behavioral Health
NRS 232.361 Creation; composition; Chair; terms of members; vacancies; certain concurrent membership prohibited.
NRS 232.363 Meetings; quorum; salary; expenses; restrictions on ownership of or employment by certain enterprises.
Grants Management Advisory Committee
NRS 232.383 Creation; composition; prohibition on grants to entity employing member; terms of members; salary; expenses; quorum; members holding public office or employed by governmental entity; Chair; meetings; rules.
NRS 232.385 Duties.
NRS 232.387 Appointment of working groups by Chair; duties.
Office for Consumer Health Assistance
NRS 232.451 Definitions.
NRS 232.452 “Advocate” defined.
NRS 232.453 “Consumer” defined.
NRS 232.454 “Director” defined.
NRS 232.455 “Health care plan” defined.
NRS 232.456 “Prescription drug program” defined.
NRS 232.457 Applicability of NRS 223.085.
NRS 232.458 Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation.
NRS 232.459 Duties of Advocate; authority of Advocate to adopt regulations. [Effective through December 31, 2025.]
NRS 232.459 Duties of Advocate; authority of Advocate to adopt regulations. [Effective January 1, 2026.]
NRS 232.461 Powers of Advocate; conflicts of interest.
NRS 232.462 Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals.
Office of Minority Health and Equity
NRS 232.467 Definitions.
NRS 232.468 “Advisory Committee” defined.
NRS 232.4685 “Advocate” defined.
NRS 232.469 “Health care” defined.
NRS 232.471 “Manager” defined.
NRS 232.472 “Minority group” defined.
NRS 232.473 “Office” defined.
NRS 232.474 Creation; purposes.
NRS 232.475 Duties; assistance and cooperation.
NRS 232.476 Gifts, grants, appropriations or donations; contracts or partnerships; regulations.
NRS 232.477 Manager: Appointment; classification; qualifications.
NRS 232.478 Manager: Duties.
NRS 232.479 Biennial report to Governor and Director of Legislative Counsel Bureau.
NRS 232.4795 Minority Health and Equity Account: Creation; administration; deposits; nonreversion; use.
NRS 232.481 Grants of money; regulations.
NRS 232.482 Advisory Committee: Creation; composition; terms of members; vacancies; Chair.
NRS 232.483 Advisory Committee: Salary; expenses; members holding public office or employed by governmental entity.
NRS 232.484 Advisory Committee: Duties.
Palliative Care and Quality of Life
NRS 232.485 Definitions.
NRS 232.4851 “Council” defined.
NRS 232.4852 “Palliative care” defined.
NRS 232.4853 “Program” defined.
NRS 232.4854 “Serious illness” defined.
NRS 232.4855 State of Nevada Advisory Council on Palliative Care and Quality of Life: Creation; appointment and terms of members; officers; meetings; allowances and expenses of members.
NRS 232.4856 State of Nevada Advisory Council on Palliative Care and Quality of Life: Duties.
NRS 232.4857 State of Nevada Advisory Council on Palliative Care and Quality of Life: Gifts, grants, appropriations and donations.
NRS 232.4858 Palliative Care and Quality of Life Consumer and Professional Information and Education Program: Establishment; inclusion of information and resources on Internet website; initiatives.
Council on Food Security
NRS 232.496 Definitions.
NRS 232.4961 “Council” defined.
NRS 232.4962 “Food donor” defined.
NRS 232.4963 “Food security” defined.
NRS 232.4964 “Plan” defined.
NRS 232.4965 “Program” defined.
NRS 232.4966 Creation; composition; Chair; terms of members; vacancies; removal from office; compensation; administrative support; meetings; gifts, grants, donations and contributions.
NRS 232.4967 Authority to appoint subcommittees.
NRS 232.4968 Duties.
NRS 232.4969 Food for People, Not Landfills Program: Establishment; administration; official seal; regulations; annual report to Legislature.
Nevada Interagency Advisory Council on Homelessness to Housing
NRS 232.498 “Council” defined.
NRS 232.4981 Creation; composition; Chair; terms of members.
NRS 232.4982 Meetings; quorum; compensation; members holding public office or employed by governmental entity; administrative support.
NRS 232.4983 Duties; requirement of state and local agencies to collaborate with Council.
DEPARTMENT OF BUSINESS AND INDUSTRY
Generally
NRS 232.505 Definitions.
NRS 232.510 Creation; composition.
NRS 232.515 Director: Appointment; classification; other employment prohibited; qualifications.
NRS 232.520 Director: Appointment and titles of chiefs and executive directors of entities of Department; powers and duties.
NRS 232.521 Director: Duty to provide website link by which employers may verify social security numbers of employees.
NRS 232.522 Director: Creation of Office of Business Finance and Planning; creation of Center for Business Advocacy and Services; communication and cooperation among entities within Department.
NRS 232.525 Director: Employment of staff.
NRS 232.530 Chiefs of divisions: Classification; duties; restrictions on other employment.
NRS 232.535 Assistants of chiefs of divisions: Appointment; classification; restrictions on other employment.
NRS 232.538 Housing Division: Principal office.
NRS 232.540 Chief Financial Officer for Housing Division: Appointment, qualifications and classification.
NRS 232.545 Investigative Account for Financial Institutions.
NRS 232.546 Account for Special Projects to Assist in the Development of Services for Business and Industry.
NRS 232.547 Authority to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.
NRS 232.548 Use of alternative means of dispute resolution.
Division of Industrial Relations
NRS 232.550 Definitions.
NRS 232.570 Advisory Council: Creation; composition; vacancies.
NRS 232.580 Advisory Council: Meetings; officers; bylaws; quorum.
NRS 232.590 Advisory Council: Salary of members.
NRS 232.600 Advisory Council: Powers and duties.
NRS 232.605 Advisory Council: Annual report from Administrator on delinquent debts owed to Division; designation and removal of bad debts from books of account of State; master file.
NRS 232.610 Administrator: Appointment; classification; restrictions on other employment; qualifications; prohibited interests and positions.
NRS 232.620 Administrator: Responsibilities; other powers and duties.
NRS 232.630 Assistant administrators: Appointment; assignment of duties; classification; restrictions on other employment.
NRS 232.650 Employment of staff.
NRS 232.660 Legal counsel for Division: Appointment; contract services; qualifications; powers.
NRS 232.670 Administrator: Establishment of goals, objectives and priorities; coordination of divisional programs with other governmental entities; sharing of information by Division; regulations.
NRS 232.680 Payment of costs: Assessments; regulations; federal grants.
NRS 232.690 Cooperative agreements.
NRS 232.700 Cooperation of insurers and other divisions and agencies.
Division of Insurance
NRS 232.805 Definitions.
NRS 232.820 Commissioner of Insurance: Appointment; classification.
NRS 232.825 Powers and duties of Commissioner of Insurance; appointment, classification and restrictions on other employment of deputies.
NRS 232.840 State agencies required to cooperate and provide information.
Office of Nevada Boards, Commissions and Councils Standards
NRS 232.8413 Creation; Deputy Director; staff; regulations and procedures.
NRS 232.8415 Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.
Office of Ombudsman of Consumer Affairs for Minorities
NRS 232.845 Creation; duties of Ombudsman; appointment and classification of Ombudsman.
Nevada Commission on Minority Affairs
NRS 232.850 “Commission” defined.
NRS 232.852 Creation; membership; officers.
NRS 232.854 Members: Terms of office; reappointment; vacancies.
NRS 232.856 Members: Reimbursement for certain expenses.
NRS 232.858 Meetings; quorum; annual report.
NRS 232.860 Duties.
NRS 232.862 Appointment of committees.
NRS 232.864 Staff assistance; volunteer workers and consultants.
NRS 232.866 Gifts, grants and contributions.
DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION
Generally
NRS 232.900 Definitions.
NRS 232.910 Creation; purpose; composition.
NRS 232.920 Director: Powers and duties.
NRS 232.930 Director: Appointment; classification; other employment prohibited.
NRS 232.932 Designation of critical need occupations for waiver of certain fees granted to veterans.
NRS 232.933 Notices concerning job training or employment programs: Preparation by Department; duties of Labor Commissioner.
NRS 232.935 Governor’s Workforce Development Board: Appointment of members; duties; regulations; consistency of certain actions with State Plan for Economic Development; regional industry or sector partnerships.
NRS 232.940 Rehabilitation Division: Composition.
NRS 232.945 Rehabilitation Division: Appointment, classification, restrictions on other employment, powers and duties of Administrator; regulations.
NRS 232.960 Department of Employment, Training and Rehabilitation’s Gift Fund: Creation; accounts; deposit of money received by Rehabilitation Division; claims; disposition of property other than money.
Governor’s Office of Workforce Innovation
NRS 232.965 Creation.
NRS 232.970 Executive Director: Appointment; classification.
NRS 232.975 Executive Director: Duties.
NRS 232.980 Agencies required to submit educational and workforce data for inclusion in statewide longitudinal data system maintained by Office.
NRS 232.985 Career Pathways Demonstration Program: Establishment; administration; duties of Office relating to implementation of Program; proposals for career pathway projects. [Effective through June 30, 2028.]
NRS 232.990 Program to provide work-based learning opportunities for certain pupils: Office to establish in coordination with Department of Education; requirements for program; dual credit for participating pupils.
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GENERAL PROVISIONS
NRS 232.003 Policy on public engagement incorporating use of Internet and Internet tools.
1. It is the policy of this State to strengthen and further promote broad, inclusive and meaningful engagement by the general public and interested stakeholders in the activities of the State Government by adopting methods of public participation and public comment that incorporate the use of the Internet and Internet tools. To assist in carrying out this policy each state agency is encouraged, to the extent practicable and within the limits of available money, to develop a policy on public engagement that incorporates the use of the Internet and Internet tools for the purpose of encouraging public participation and soliciting public comments on the activities of the state agency, including, without limitation, the development or adoption of regulations, policies and programs. The Internet tools used by the state agency may include, without limitation, electronic mail, electronic mailing lists, online forums and social media.
2. As used in this section:
(a) “Social media” means any electronic service or account or electronic content, including, without limitation, videos, photographs, blogs, video blogs, podcasts, instant and text messages, live chat, mobile applications, online services or Internet website profiles.
(b) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of the State Government.
(Added to NRS by 2015, 1007)
NRS 232.004 State Administrative Manual: Creation; compilation and publication; notice requirements for proposed changes; submission of comments about proposed changes.
1. The State Administrative Manual is hereby created. The Director of the Department of Administration or the Director of the Office of Finance shall compile and publish in the State Administrative Manual any policies and procedures adopted or amended by the State Board of Examiners pursuant to NRS 353.040.
2. In addition to complying with the requirements of NRS 241.020, the Director of the Department of Administration or the Director of the Office of Finance, as applicable, shall, not later than 30 days before presenting to the State Board of Examiners any policy or procedure for adoption, amendment or repeal, cause notice of the proposed action to be posted on the Internet website used by the State Board of Examiners to provide public notice of its meetings. The notice must:
(a) Be accessible through a conspicuous link that appears on the main page of that website;
(b) Include the full text of the policy or procedure proposed to be adopted, amended or repealed, clearly setting forth any language proposed for addition to or deletion from the policy or procedure;
(c) Solicit the submission of written comments by any interested person to the Director of the Department of Administration or the Director of the Office of Finance, as appropriate, for transmittal to the State Board of Examiners, concerning its proposed action and set forth the address for the submission of such comments and the deadline for submission applicable pursuant to subsection 3; and
(d) Set forth the date on which the adoption, amendment or repeal of the policy or procedure becomes effective if action is taken as proposed.
3. Any written comments submitted to the Director of the Department of Administration or the Director of the Office of Finance, as applicable, pursuant to subsection 2 must be submitted not later than 5 working days before the meeting at which the proposed adoption, amendment or repeal is to be considered by the State Board of Examiners and must be entered into the record of the Board.
(Added to NRS by 2013, 61)—(Substituted in revision for NRS 232.2155)
NRS 232.005 Transfer of personnel within department authorized; powers and duties of director or chief executive officer. The director or chief executive officer of each of the departments established by law within the Executive Branch of State Government shall conduct such investigations and studies as he or she deems necessary to determine the most efficient and economical use of the personnel of the department. The director or chief executive officer may transfer the personnel of one or more divisions of his or her department to one or more other divisions if he or she finds that such transfer will result in a greater utilization of personnel, produce a more efficient operation of the department, result in economies within the department or improve the organization of the department.
(Added to NRS by 1965, 1431)
NRS 232.006 Acceptance of consular identification card, permanent resident card or tribal identification card to identify person.
1. Except as otherwise provided in subsection 2 and NRS 483.290, 483.860 and 486.081, with respect to any activity or transaction in which a state agency accepts an identification card issued by the Department of Motor Vehicles to identify a person, the state agency may also accept a consular identification card, permanent resident card or tribal identification card to identify a person.
2. The provisions of subsection 1 apply only to the presentation of a consular identification card, permanent resident card or tribal identification card for purposes of identification and do not convey an independent right to receive benefits of any type.
3. To be accepted pursuant to subsection 1 to identify a person, an identification card issued by a tribal government must contain:
(a) The full legal name of the holder of the card;
(b) The date of birth of the holder of the card;
(c) A unique number assigned to the holder of the card;
(d) A digital photograph of the full face of the holder of the card;
(e) The address of the principal residence of the holder of the card;
(f) A physical description of the holder of the card, including, without limitation, the height, weight, hair color and eye color of the holder of the card;
(g) The usual signature of the holder of the card;
(h) The date on which the card is issued; and
(i) A reference to the tribal government which issued the card.
4. As used in this section:
(a) “Consular identification card” means an identification card issued by a consulate of a foreign government, which consulate is located within the State of Nevada.
(b) “Identification card issued by the Department of Motor Vehicles” means an identification card of the type described in NRS 483.810 to 483.890, inclusive.
(c) “Permanent resident card” means a Permanent Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.
(d) “State agency” means every public agency, bureau, board, commission, department or division of the Executive Department of State Government.
(e) “Tribal government” has the meaning ascribed to it in NRS 239C.105.
(f) “Tribal identification card” means an identification card issued by a tribal government which satisfies the requirements of subsection 3.
(Added to NRS by 2003, 1933; A 2017, 94, 1619, 2268)
NRS 232.007 Recycling required by state agencies; exceptions; consultation with State Department of Conservation and Natural Resources; annual report to Director of Department; deposit of money received for recycling in State General Fund.
1. Except as otherwise provided in this section, each state agency shall recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials it produces. This subsection does not apply to:
(a) Construction and demolition waste; or
(b) Confidential documents if there is an additional cost for recycling those documents.
2. Before recycling electronic waste, each state agency shall permanently remove any data stored on the electronic waste.
3. A state agency is not required to comply with the requirements of subsection 1 if the administrator of the agency determines that the cost to recycle or cause to be recycled the paper and paper products, electronic waste and other recyclable materials produced by the agency is unreasonable and would place an undue burden on the operations of the agency.
4. Except as otherwise provided in this subsection, a state agency shall consult with the State Department of Conservation and Natural Resources for the disposition of the paper and paper products, electronic waste and other recyclable materials to be recycled, including, without limitation, the placement of recycling containers on the premises of the state agency. This subsection does not apply to construction and demolition waste.
5. Any money received by a state agency for recycling or causing to be recycled the paper and paper products, electronic waste and other recyclable materials it produces must be:
(a) Accounted for separately; and
(b) Used to carry out the provisions of this section.
6. On or before July 1 of each year, each state agency shall submit to the Director of the State Department of Conservation and Natural Resources a report on the amount of material recycled by the state agency pursuant to this section.
7. As used in this section:
(a) “Electronic waste” has the meaning ascribed to it in NRS 444A.0115.
(b) “Paper” has the meaning ascribed to it in NRS 444A.0123.
(c) “Paper product” has the meaning ascribed to it in NRS 444A.0126.
(d) “Recyclable material” has the meaning ascribed to it in NRS 444A.013.
(e) “State agency” means every public agency, bureau, board, commission, department, division, officer or employee of the Executive Department of State Government.
(Added to NRS by 1991, 907; A 1999, 3182; 2019, 2218)
NRS 232.008 Disposal of electronic waste by state agencies.
1. Before disposing of electronic waste, each state agency shall permanently remove any data stored on the electronic waste.
2. As used in this section, “electronic waste” means electronic equipment that has been discarded, is no longer wanted by the owner or for any other reason enters the waste collection, recovery, treatment, processing or recycling system.
(Added to NRS by 2019, 2575)
NRS 232.0081 Language access plan: Development and biennial revision; requirements; public comment; legislative recommendations; inclusion of necessary funding in proposed budget of agency. [Effective through May 19, 2024.]
1. The head of each agency of the Executive Department shall designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets the requirements of subsection 2.
2. A language access plan must assess existing needs of persons served by the agency for language services and the degree to which the agency has met those needs. The plan must include recommendations to expand language services if needed to improve access to the services provided by the agency. The plan must:
(a) Outline the compliance of the agency and any contractors, grantees, assignees, transferees or successors of the agency with existing federal and state laws and regulations and any requirements associated with funding received by the agency concerning the availability of language services and accessibility of the services provided by the agency or any contractors, grantees, assignees, transferees or successors to persons with limited English proficiency;
(b) List the relevant demographics of persons served by or eligible to receive services from the agency, including, without limitation:
(1) The types of services received by such persons or for which such persons are eligible;
(2) The preferred language and literacy level of such persons;
(3) The ability of such persons to access the services of the agency electronically;
(4) The number and percentage of such persons who are indigenous; and
(5) The number and percentage of such persons who are refugees;
(c) Provide an inventory of language services currently provided, including, without limitation:
(1) Procedures for designating certain information and documents as vital and providing such information and documents to persons served by the agency in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;
(2) Oral language services offered by language and type;
(3) A comparison of the number of employees of the agency who regularly have contact with the public to the number of such employees who are fluent in more than one language, in aggregate and disaggregated by language;
(4) A description of any position at the agency designated for a dual-role interpreter;
(5) Procedures and resources used by the agency for outreach to persons with limited English proficiency who are served by the agency or eligible to receive services from the agency, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and
(6) Any resources made available to employees of the agency related to cultural competency;
(d) Provide an inventory of the training and resources provided to employees of the agency who serve persons with limited English proficiency, including, without limitation, training and resources regarding:
(1) Obtaining language services internally or from a contractor;
(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;
(3) Ensuring the competency of interpreters and translation services;
(4) Recording in the electronic records of the agency that a person served by the agency is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;
(5) Communicating with the persons in charge of the agency concerning the needs of the persons served by and eligible to receive the services from the agency for language services; and
(6) Notifying persons with limited English proficiency who are eligible for or currently receiving services from the agency of the services available from the agency in the preferred language of those persons at a literacy level and in a format that is likely to be understood by such persons;
(e) Review the ability of the agency to make language services available during the emergency described in the Declaration of Emergency for COVID-19 issued on March 12, 2020; and
(f) Identify areas in which the services described in paragraph (c) and the training and resources described in paragraph (d) do not meet the needs of persons with limited English proficiency served by the agency, including, without limitation:
(1) Estimates of additional funding required to meet those needs;
(2) Targets for employing persons who are fluent in more than one language;
(3) Additional requirements necessary to ensure:
(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the agency; and
(II) That translators and interpreters used by the agency adequately represent the preferred languages spoken by persons served by the agency or eligible to receive services from the agency; and
(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred languages of persons with limited English proficiency who are eligible for or currently receiving services from the agency and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.
3. If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
4. Each agency of the Executive Department shall:
(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof;
(b) Make recommendations to the Legislature concerning any statutory changes necessary to implement or improve a language access plan; and
(c) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph (f) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210.
5. As used in this section:
(a) “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.
(b) “Dual-role interpreter” means a multilingual employee who:
(1) Has been tested for language skills and trained as an interpreter; and
(2) Engages in interpreting as part of his or her job duties.
(c) “Language services” means oral language services and translation services.
(d) “Oral language services” means services to convey verbal information to persons with limited English proficiency. The term:
(1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.
(2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.
(e) “Person with limited English proficiency” means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable, based on the manner in which information is being communicated.
(f) “Translation services” means services used to provide written information to persons with limited English proficiency. The term does not include translation tools that are accessed using the Internet.
(Added to NRS by 2021, 3234)
NRS 232.0081 Language access plan: Development and biennial revision; requirements; public comment; legislative recommendations; inclusion of necessary funding in proposed budget of agency. [Effective May 20, 2024.]
1. The head of each agency of the Executive Department shall designate one or more employees of the agency to be responsible for developing and biennially revising a language access plan for the agency that meets the requirements of subsection 2.
2. A language access plan must assess existing needs of persons served by the agency for language services and the degree to which the agency has met those needs. The plan must include recommendations to expand language services if needed to improve access to the services provided by the agency. The plan must:
(a) Outline the compliance of the agency and any contractors, grantees, assignees, transferees or successors of the agency with existing federal and state laws and regulations and any requirements associated with funding received by the agency concerning the availability of language services and accessibility of the services provided by the agency or any contractors, grantees, assignees, transferees or successors to persons with limited English proficiency;
(b) List the relevant demographics of persons served by or eligible to receive services from the agency, including, without limitation:
(1) The types of services received by such persons or for which such persons are eligible;
(2) The preferred language and literacy level of such persons;
(3) The ability of such persons to access the services of the agency electronically;
(4) The number and percentage of such persons who are indigenous; and
(5) The number and percentage of such persons who are refugees;
(c) Provide an inventory of language services currently provided, including, without limitation:
(1) Procedures for designating certain information and documents as vital and providing such information and documents to persons served by the agency in the preferred language of such persons, in aggregate and disaggregated by language and type of service to which the information and documents relate;
(2) Oral language services offered by language and type;
(3) A comparison of the number of employees of the agency who regularly have contact with the public to the number of such employees who are fluent in more than one language, in aggregate and disaggregated by language;
(4) A description of any position at the agency designated for a dual-role interpreter;
(5) Procedures and resources used by the agency for outreach to persons with limited English proficiency who are served by the agency or eligible to receive services from the agency, including, without limitation, procedures for building relationships with community-based organizations that serve such persons; and
(6) Any resources made available to employees of the agency related to cultural competency;
(d) Provide an inventory of the training and resources provided to employees of the agency who serve persons with limited English proficiency, including, without limitation, training and resources regarding:
(1) Obtaining language services internally or from a contractor;
(2) Responding to persons with limited English proficiency over the telephone, in writing or in person;
(3) Ensuring the competency of interpreters and translation services;
(4) Recording in the electronic records of the agency that a person served by the agency is a person with limited English proficiency, the preferred language of the person and his or her literacy level in English and in his or her preferred language;
(5) Communicating with the persons in charge of the agency concerning the needs of the persons served by and eligible to receive the services from the agency for language services; and
(6) Notifying persons with limited English proficiency who are eligible for or currently receiving services from the agency of the services available from the agency in the preferred language of those persons at a literacy level and in a format that is likely to be understood by such persons; and
(e) Identify areas in which the services described in paragraph (c) and the training and resources described in paragraph (d) do not meet the needs of persons with limited English proficiency served by the agency, including, without limitation:
(1) Estimates of additional funding required to meet those needs;
(2) Targets for employing persons who are fluent in more than one language;
(3) Additional requirements necessary to ensure:
(I) Adequate credentialing and oversight of translators and interpreters employed by or serving as independent contractors for the agency; and
(II) That translators and interpreters used by the agency adequately represent the preferred languages spoken by persons served by the agency or eligible to receive services from the agency; and
(4) Additional requirements, trainings, incentives and recruiting initiatives to employ or contract with interpreters who speak the preferred languages of persons with limited English proficiency who are eligible for or currently receiving services from the agency and ways to partner with entities involved in workforce development in imposing those requirements, offering those trainings and incentives and carrying out those recruiting initiatives.
3. If there is insufficient information available to develop or update the language access plan in accordance with the requirements of this section, the employee or employees designated pursuant to subsection 1 shall develop procedures to obtain that information and include the information in any revision to the language access plan.
4. Each agency of the Executive Department shall:
(a) Solicit public comment concerning the language access plan developed pursuant to this section and each revision thereof;
(b) Make recommendations to the Legislature concerning any statutory changes necessary to implement or improve a language access plan; and
(c) Include any funding necessary to carry out a language access plan, including, without limitation, any additional funding necessary to meet the needs of persons with limited English proficiency served by the agency as identified pursuant to paragraph (e) of subsection 2, in the proposed budget for the agency submitted pursuant to NRS 353.210.
5. As used in this section:
(a) “Agency of the Executive Department” means an agency, board, commission, bureau, council, department, division, authority or other unit of the Executive Department of the State Government. The term does not include the Nevada System of Higher Education.
(b) “Dual-role interpreter” means a multilingual employee who:
(1) Has been tested for language skills and trained as an interpreter; and
(2) Engages in interpreting as part of his or her job duties.
(c) “Language services” means oral language services and translation services.
(d) “Oral language services” means services to convey verbal information to persons with limited English proficiency. The term:
(1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.
(2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.
(e) “Person with limited English proficiency” means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable, based on the manner in which information is being communicated.
(f) “Translation services” means services used to provide written information to persons with limited English proficiency. The term does not include translation tools that are accessed using the Internet.
(Added to NRS by 2021, 3234; A 2021, 3237, effective May 20, 2024)
NRS 232.0083 Requirements related to minority groups: Definitions. As used in NRS 232.0083 to 232.0087, inclusive, unless the context otherwise requires:
1. “Commission on Minority Affairs” means the Nevada Commission on Minority Affairs of the Department of Business and Industry created by NRS 232.852.
2. “Minority group” means:
(a) A racial or ethnic minority group;
(b) A group of persons with disabilities; or
(c) A group of persons who identify as LGBTQ. As used in this paragraph, “LGBTQ” means lesbian, gay, bisexual, transgender, queer, intersex or any other nonheterosexual or noncisgender orientation or gender identity or expression.
3. “Office for New Americans” means the Office for New Americans created in the Office of the Governor by NRS 223.910.
4. “Office of Minority Health and Equity” means the Office of Minority Health and Equity created within the Department of Health and Human Services by NRS 232.474.
5. “Policy” means an official public policy of a state agency that creates a common practice relating to a class of issues.
6. “Program” means an official program of a state agency.
7. “State agency” means every agency, department or division of the Executive Department of the State Government.
(Added to NRS by 2021, 3226, 3227)
NRS 232.0084 Requirements related to minority groups: Collaboration in development and implementation of policies and programs; accessibility and inclusivity of programs and services; communication. Each state agency shall make a reasonable effort to:
1. Collaborate with members of minority groups in the development and implementation of policies and programs of the state agency that directly affect minority groups.
2. Ensure that programs and services offered by the state agency are accessible to and inclusive of minority groups.
3. Communicate effectively with minority groups by making information about programs and services available in multiple languages whenever possible.
(Added to NRS by 2021, 3227)
NRS 232.0085 Requirements related to minority groups: Designation and duties of diversity and inclusion liaison. Each state agency that interacts or communicates with minority groups or offers programs and services that affect minority groups shall, to the extent practicable, designate a diversity and inclusion liaison. The diversity and inclusion liaison shall:
1. Assist the state agency with:
(a) Promoting effective communication with minority groups;
(b) Promoting cultural competency in providing effective services to minority groups; and
(c) Establishing a method for notifying employees of a state agency of the provisions of NRS 232.0083 to 232.0087, inclusive.
2. Serve as a contact person who shall maintain ongoing communication between the state agency and members of minority groups.
3. Provide technical assistance to the state agency on new programs and services offered by the state agency that are intended to increase accessibility and inclusivity for members of minority groups.
4. Collaborate with diversity and inclusion liaisons designated by other state agencies to increase the accessibility and inclusivity of services to members of minority groups.
(Added to NRS by 2021, 3227)
NRS 232.0086 Requirements related to minority groups: Publication of name and contact information of diversity and inclusion liaison on Internet website; provision of such information to certain state agencies. A state agency that designates a diversity and inclusion liaison pursuant to NRS 232.0085 shall:
1. Publish on its Internet website the name and contact information of the state agency’s diversity and inclusion liaison.
2. Provide the name and contact information of the state agency’s diversity and inclusion liaison to the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans.
(Added to NRS by 2021, 3228)
NRS 232.0087 Requirements related to minority groups: Meeting between diversity and inclusion liaisons and minority groups; annual report on meeting.
1. At least once each year, the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans shall collaborate to facilitate a meeting between diversity and inclusion liaisons designated pursuant to NRS 232.0085 and representatives of various minority groups to make recommendations regarding and address:
(a) Matters of mutual concern between state agencies and minority groups;
(b) Opportunities to collaborate and increase the accessibility and inclusivity of services delivered to minority groups;
(c) The need for state agencies to eliminate systemic racism and structures of racial discrimination within the State of Nevada; and
(d) Strategies for ensuring that members of minority groups are able to access programs and services offered by the state agency and interact with the State Government.
2. On or before January 1 of each year, the Office of Minority Health and Equity, the Commission on Minority Affairs and the Office for New Americans shall collaborate on and submit to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Commission a report on the findings and recommendations from the meeting required by subsection 1.
(Added to NRS by 2021, 3228)
NRS 232.0088 State agency not to cooperate in investigation or proceeding initiated in or by another state relating to reproductive health care services that are legal in this State; exceptions; definitions.
1. Except as required by the order of a court of competent jurisdiction, a state agency shall not provide any information or expend or use time, money, facilities, property, equipment, personnel or other resources in furtherance of any investigation or proceeding initiated in or by another state that seeks to impose civil or criminal liability or professional sanction upon a person or entity for:
(a) The provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State; or
(b) Any assistance given to any person or entity that relates to the provision, securing or receiving of, or any inquiry concerning, reproductive health care services that are legal in this State.
2. The provisions of subsection 1 do not apply to any investigation or proceeding where the conduct that is subject to potential liability under the investigation or proceeding initiated in or by the other state would be subject to civil or criminal liability or professional sanction under the laws of the State of Nevada, if committed in this State.
3. Notwithstanding the provisions of this section, a state agency or employee, appointee, officer or other person acting on behalf of a state agency may provide information or assistance in connection with such an investigation or proceeding in response to a written request by the person who is the subject of the investigation or proceeding.
4. As used in this section:
(a) “Reproductive health care services” means medical, surgical, counseling or referral services relating to the human reproductive system, including, without limitation, services relating to pregnancy, contraception, the termination of pregnancy or any procedure or care found by a competent medical professional to be appropriate based upon the wishes of a patient and in accordance with the laws of this State.
(b) “State agency” means an agency, bureau, board, commission, department, division, officer, employee, appointee or agent or any other unit of the Executive Department.
(Added to NRS by 2023, 407)
STATE DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES
NRS 232.010 Definitions. As used in NRS 232.010 to 232.162, inclusive:
1. “Department” means the State Department of Conservation and Natural Resources.
2. “Director” means the Director of the State Department of Conservation and Natural Resources.
(Added to NRS by 1957, 646; A 1977, 1117; 1989, 512; 1993, 1482; 2013, 3385; 2015, 699; 2017, 3318; 2019, 580, 3703)
NRS 232.020 Creation; responsibility for administering law. There is hereby created the State Department of Conservation and Natural Resources, in which is vested the administration of the provisions of NRS 232.010 to 232.162, inclusive.
(Added to NRS by 1957, 646; A 1989, 512; 1993, 1482; 2013, 3386; 2015, 699; 2019, 580, 3703)
NRS 232.030 Director: Creation of position. The position of Director of the State Department of Conservation and Natural Resources is hereby created.
(Added to NRS by 1957, 646)
NRS 232.040 Director: Selection; qualifications.
1. The Director shall be selected with special reference to his or her training, experience, capacity and interest in conservation or natural resources, or both.
2. The Director shall have the demonstrated ability to administer a major public agency in the field of conservation and natural resources having diverse functional divisions with related goals.
(Added to NRS by 1957, 646; A 1977, 1117)
NRS 232.050 Director: Appointment; classification; other employment prohibited.
1. The Director is appointed by and is responsible to the Governor and is in the unclassified service of the State.
2. The Director shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1957, 646; A 1960, 394; 1963, 1331; 1967, 1489; 1971, 1425; 1981, 1273; 1985, 405)
NRS 232.055 Deputy Directors: Appointment; assignment of duties; classification; restrictions on other employment.
1. The Director shall appoint two Deputy Directors of the Department and shall assign each Deputy Director his or her duties.
2. Each Deputy Director is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, each Deputy Director shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.
(Added to NRS by 1977, 1116; A 1981, 1273; 1985, 405; 1995, 2310; 2011, 2475; 2015, 2002)
NRS 232.060 Director: Appointment of staff. The Director shall appoint such technical, clerical and operational staff as the execution of his or her duties and the operation of the Department may require.
(Added to NRS by 1957, 646; A 1967, 1489; 1971, 1425; 1981, 1273; 1985, 405)
NRS 232.070 Director: Powers and duties; regulations; deposit of gifts in Department of Conservation and Natural Resources Gift Fund. [Effective through June 30, 2024.]
1. As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council.
2. Except as otherwise provided in subsection 4, the Director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the Department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.
(i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:
(1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;
(2) Matters relating to the park and recreational policy of the State;
(3) The use of land within this State which is under the jurisdiction of the Federal Government;
(4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and
(5) The preservation, protection and use of this State’s natural resources.
3. Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.
4. This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.
5. Except as otherwise provided in NRS 232.159 and 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.
(Added to NRS by 1957, 647; A 1959, 193; 1967, 417; 1975, 152; 1977, 1117; 1979, 102, 614; 1997, 2535; 2011, 2476; 2013, 3386; 2015, 74; 2017, 3318; 2023, 2762, effective July 1, 2024)
NRS 232.070 Director: Powers and duties; regulations; deposit of gifts in Department of Conservation and Natural Resources Gift Fund. [Effective July 1, 2024.]
1. As executive head of the Department, the Director is responsible for the administration, through the divisions and other units of the Department, of all provisions of law relating to the functions of the Department, except functions assigned by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council.
2. Except as otherwise provided in subsection 4, the Director shall:
(a) Establish departmental goals, objectives and priorities.
(b) Approve divisional goals, objectives and priorities.
(c) Approve divisional and departmental budgets, legislative proposals, contracts, agreements and applications for federal assistance.
(d) Coordinate divisional programs within the Department and coordinate departmental and divisional programs with other departments and with other levels of government.
(e) Appoint the executive head of each division within the Department.
(f) Delegate to the executive heads of the divisions such authorities and responsibilities as the Director deems necessary for the efficient conduct of the business of the Department.
(g) Establish new administrative units or programs which may be necessary for the efficient operation of the Department, and alter departmental organization and reassign responsibilities as the Director deems appropriate.
(h) From time to time adopt, amend and rescind such regulations as the Director deems necessary for the administration of the Department.
(i) Consider input from members of the public, industries and representatives of organizations, associations, groups or other entities concerned with matters of conservation and natural resources on the following:
(1) Matters relating to the establishment and maintenance of an adequate policy of forest and watershed protection;
(2) Matters relating to the park and recreational policy of the State;
(3) The use of land within this State which is under the jurisdiction of the Federal Government;
(4) The effect of state and federal agencies’ programs and regulations on the users of land under the jurisdiction of the Federal Government, and on the problems of those users of land; and
(5) The preservation, protection and use of this State’s natural resources.
3. Except as otherwise provided in subsection 4, the Director may enter into cooperative agreements with any federal or state agency or political subdivision of the State, any public or private institution located in or outside the State of Nevada, or any other person, in connection with studies and investigations pertaining to any activities of the Department.
4. This section does not confer upon the Director any powers or duties which are delegated by law to the State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles or the Sagebrush Ecosystem Council, but the Director may foster cooperative agreements and coordinate programs and activities involving the powers and duties of the Commissions and the Council.
5. Except as otherwise provided in NRS 232.161, all gifts of money and other property which the Director is authorized to accept must be accounted for in the Department of Conservation and Natural Resources Gift Fund which is hereby created as a trust fund.
(Added to NRS by 1957, 647; A 1959, 193; 1967, 417; 1975, 152; 1977, 1117; 1979, 102, 614; 1997, 2535; 2011, 2476; 2013, 3386; 2015, 74; 2017, 3318; 2023, 2762, effective July 1, 2024)
NRS 232.075 Charges for books, reports and periodicals distributed.
1. The Director is hereby authorized to make a nominal charge for any books, reports or periodicals compiled and distributed by the Department.
2. The money received from such charge shall be deposited in the General Fund of the State.
(Added to NRS by 1959, 193)
NRS 232.080 Attorney General is counsel for Department; designation, duties and classification of deputy attorney general. The Attorney General is the counsel and attorney for the Department. The Attorney General shall designate one of his or her deputies to be counsel and attorney for the Department in all actions, proceedings and hearings. The deputy so designated:
1. Is the legal adviser of the Department in all matters relating to the Department and to the powers and duties of its officers.
2. Shall maintain his or her office in Carson City, Nevada, in an office provided by the Department.
3. Is in the unclassified service of the State pursuant to subsection 3 of NRS 284.140.
(Added to NRS by 1957, 647; A 1967, 724, 1489; 1971, 1425; 1979, 274; 1981, 1273; 1983, 748; 2001, 1442)
NRS 232.090 Composition of Department.
1. The Department consists of the Director and the following:
(a) The Division of Water Resources.
(b) The Division of State Lands.
(c) The Division of Forestry.
(d) The Division of State Parks.
(e) The Division of Environmental Protection.
(f) The Office of Historic Preservation.
(g) The Division of Outdoor Recreation.
(h) The Division of Natural Heritage.
(i) Such other divisions as the Director may from time to time establish.
2. The State Environmental Commission, the State Conservation Commission, the Commission for Cultural Centers and Historic Preservation, the Commission on Off-Highway Vehicles, the Conservation Districts Program, the Sagebrush Ecosystem Council and the Board to Review Claims are within the Department.
(Added to NRS by 1957, 647; A 1963, 828; 1973, 767, 1598, 1719; 1977, 1118, 1356; 1983, 2087; 1989, 1690; 1993, 1482; 1995, 423, 1456; 1997, 2536; 2003, 1559; 2005, 2572; 2011, 2477, 2942; 2013, 3387; 2015, 75; 2017, 3319; 2019, 580, 3703)
NRS 232.100 Division of Water Resources: Appointment of State Engineer as executive head; powers and duties.
1. The executive head of the Division of Water Resources shall be the State Engineer, who shall be appointed by and be responsible to the Director.
2. The State Engineer and the employees of the Division of Water Resources shall have such powers and shall perform such duties as are conferred upon the State Engineer pursuant to title 48 of NRS and the provisions of any other laws.
(Added to NRS by 1957, 647)
NRS 232.110 Division of State Lands: Appointment of Administrator as executive head and ex officio State Land Registrar; appointment and assignment of duties of deputies, assistants and employees.
1. The executive head of the Division of State Lands shall be the Administrator, who shall be ex officio State Land Registrar.
2. The Administrator shall be appointed by and be responsible to the Director.
3. The Administrator, with the consent of the Director, may appoint deputies, assistants and employees and assign duties as required to carry out the functions of the Division of State Lands.
(Added to NRS by 1957, 648; A 1975, 87)
NRS 232.120 Division of Forestry: Appointment of State Forester Firewarden as executive head; powers and duties.
1. The executive head of the Division of Forestry shall be the State Forester Firewarden, who shall be appointed by and be responsible to the Director.
2. The State Forester Firewarden and the employees of the Division of Forestry shall have such powers and shall perform such duties as are conferred upon the State Forester Firewarden pursuant to chapters 472 and 528 of NRS and the provisions of any other laws.
(Added to NRS by 1957, 648)
NRS 232.135 Division of State Parks: Appointment of Administrator of Nevada State Park System; duties.
1. The Division of State Parks shall be administered by the Administrator of the Nevada State Park System, who shall be appointed by and be responsible to the Director.
2. The Administrator and the employees of the Division of State Parks shall administer the provisions of chapter 407 of NRS and any other laws relating to state parks.
(Added to NRS by 1963, 827)
NRS 232.136 Division of Environmental Protection: Composition; appointment and classification of Administrator.
1. The Division of Environmental Protection consists of the Administrator and any other necessary personnel.
2. The Administrator is appointed by the Director and is in the unclassified service of the State.
(Added to NRS by 1977, 1116)
NRS 232.1363 Division of Outdoor Recreation: Appointment of Administrator as executive head; duties.
1. The executive head of the Division of Outdoor Recreation shall be the Administrator of the Division of Outdoor Recreation, who shall be appointed by and be responsible to the Director.
2. The Administrator and the employees of the Division of Outdoor Recreation shall administer the provisions of NRS 407A.500 to 407A.620, inclusive.
(Added to NRS by 2019, 3702)
NRS 232.1366 Division of Natural Heritage: Composition; appointment and classification of Administrator.
1. The Division of Natural Heritage consists of the Administrator and any other necessary personnel.
2. The Administrator is appointed by the Director and is in the unclassified service of the State.
(Added to NRS by 2019, 579)
NRS 232.1369 Division of Natural Heritage: Duties; confidentiality and disclosure of certain information related to rare plant or animal species or ecological communities; regulations.
1. The Division of Natural Heritage shall:
(a) Provide expertise in the areas of zoology, botany and community ecology, including the study of wetland ecosystems; and
(b) Maintain data systems related to the location, biology and conservation status of plant and animal species and ecosystems.
2. Except as otherwise provided in this section, the specific location of a rare plant or animal species or ecological community that is included in the data systems maintained by the Division pursuant to subsection 1 is confidential.
3. Except as otherwise provided in subsection 4, the Administrator or his or her designee may release information declared confidential pursuant to subsection 2 upon request to any person, including, without limitation, an owner of property on which a rare plant or animal species occurs or on which a sensitive ecological community is located, if:
(a) The release of the information is not otherwise prohibited by law;
(b) The release of the information is not restricted by the original provider of the information; and
(c) The Administrator or his or her designee determines that the request is:
(1) Related to conservation, environmental review, education, land management, scientific research or a similar purpose;
(2) Limited to the release of information necessary to achieve the purpose of the request; and
(3) Unlikely to result in harm to a rare plant or animal species or ecological community.
4. The Administrator or his or her designee shall release information declared confidential pursuant to subsection 2 upon request to a person who is engaged in conservation, environmental review or scientific research and enters into a written agreement with the Administrator or his or her designee which includes a provision that requires the person to maintain the confidentiality of the information to the extent necessary to protect the rare plant or animal species or ecological community.
5. The provisions of chapter 239 of NRS apply to the release of any information that is authorized or required pursuant to this section.
6. The Administrator or his or her designee shall make a reasonable effort to notify an owner of private property if the Administrator or designee releases any confidential information related to the specific location of a rare plant or animal species or ecological community which is located on the owner’s property.
7. The Administrator may adopt any regulations necessary to carry out the provisions of this section.
8. As used in this section, “rare plant or animal species or ecological community” includes, without limitation, any species, subspecies or ecological community:
(a) Declared as threatened or endangered or designated as a candidate for listing as threatened or endangered pursuant to the federal Endangered Species Act of 1973, as amended, 16 U.S.C. §§ 1531 et seq.;
(b) Designated as sensitive by the United States Bureau of Land Management or the United States Forest Service;
(c) Classified as protected, sensitive, threatened or endangered by the Board of Wildlife Commissioners pursuant to NRS 501.110;
(d) Protected under the provisions of chapter 527 of NRS, including, without limitation, Christmas trees, swamp cedars, cacti and yucca protected pursuant to NRS 527.060 to 527.120, inclusive, and any species listed as a fully protected species of native flora pursuant to NRS 527.270; or
(e) Considered rare or at risk of extinction by the Division of Natural Heritage.
(Added to NRS by 2019, 580; A 2021, 1361)
NRS 232.139 Deputies and chief assistants of chiefs of divisions: Appointment; classification; restrictions on other employment. The chiefs of the divisions of the Department may each appoint a deputy and a chief assistant in the unclassified service of the State. Except as otherwise provided in NRS 284.143, each deputy and chief assistant shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1977, 1116; A 1981, 1274; 1985, 405; 1995, 2310)
NRS 232.140 Support of Department provided by legislative appropriations; claims. [Effective through June 30, 2024.]
1. Except as otherwise provided in NRS 232.159 and 232.161, money to carry out the provisions of NRS 232.010 to 232.162, inclusive, and to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.
2. All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.
(Added to NRS by 1957, 648; A 1977, 1119; 1989, 513; 1993, 1482; 2013, 3387; 2015, 699; 2019, 3703; 2023, 2763, effective July 1, 2024)
NRS 232.140 Support of Department provided by legislative appropriations; claims. [Effective July 1, 2024.]
1. Except as otherwise provided in NRS 232.161, money to carry out the provisions of NRS 232.010 to 232.162, inclusive, and to support the Department and its various divisions and other units must be provided by direct legislative appropriation from the State General Fund.
2. All money so appropriated must be paid out on claims approved by the Director in the same manner as other claims against the State are paid.
(Added to NRS by 1957, 648; A 1977, 1119; 1989, 513; 1993, 1482; 2013, 3387; 2015, 699; 2019, 3703; 2023, 2763, effective July 1, 2024)
NRS 232.150 Delineation of areas subject to flooding; information to be furnished to planning agencies; cooperation of Division of Public and Behavioral Health of Department of Health and Human Services.
1. Areas subjected to damage from floods must be delineated by the Department in cooperation with districts for the control of floods. The information must be furnished upon request to local, regional and state planning agencies.
2. The Division of Public and Behavioral Health of the Department of Health and Human Services shall cooperate with the State Department of Conservation and Natural Resources for the accomplishment of the purposes of this section, but this section does not limit the powers and duties of the Division.
(Added to NRS by 1961, 669; A 1963, 898; 1973, 1406; 1987, 706)
NRS 232.1585 Off-Highway Vehicles Program: Creation; administration; technical advisory committee; report; budget; regulations.
1. The Off-Highway Vehicles Program is hereby created in the Department. The Director shall administer the Program. The Commission on Off-Highway Vehicles created by NRS 490.067 shall provide direction to the Program pursuant to its authority and duties provided in NRS 490.068 and 490.069.
2. In administering the Program, the Director shall, within the limits of authorized expenditures:
(a) Administer the Account for Off-Highway Vehicles created by NRS 490.069; and
(b) Provide staff to the Commission on Off-Highway Vehicles for the purposes of:
(1) Providing assistance, support and technical advice to the Commission; and
(2) Assisting in the coordination of the activities and duties of the Commission.
3. The Director may form a technical advisory committee as needed to provide input to the Commission on Off-Highway Vehicles regarding the completeness and merit of applications received by the Commission for a grant from the Account for Off-Highway Vehicles.
4. The Director shall prepare, for each regular session of the Legislature, a comprehensive report that includes, without limitation:
(a) The general activities of the Commission on Off-Highway Vehicles;
(b) The fiscal activities of the Commission on Off-Highway Vehicles; and
(c) A summary of any grants awarded by the Commission on Off-Highway Vehicles.
Ê Upon completion of the report, the Director shall submit the report to the Chair of the Commission on Off-Highway Vehicles for review pursuant to NRS 490.068.
5. The Director shall include in his or her budget the money necessary, within the limits of legislative authorizations for the Account for Off-Highway Vehicles, for:
(a) The operating expenses of the Commission on Off-Highway Vehicles;
(b) The administrative expenses of the Program to carry out the provisions of this section; and
(c) A reserve amount as approved by the Legislature.
6. The Director may adopt regulations for the operation of the Commission on Off-Highway Vehicles and the Program.
7. As used in this section:
(a) “Administrative expenses” includes, without limitation, hiring any staff necessary to carry out the provisions of this section.
(b) “Operating expenses” includes, without limitation, any costs of contracting with a third party to provide education and information to the members of the public relating to the provisions of chapter 490 of NRS governing the lawful use and registration of off-highway vehicles.
(Added to NRS by 2017, 3317)
NRS 232.159 Account for the Protection and Rehabilitation of the Stewart Indian School: Creation; powers and duties of Director; limitations on use of money in Account; advisory committee; authorization of sale of certain land. [Effective through June 30, 2024.]
1. The Account for the Protection and Rehabilitation of the Stewart Indian School is hereby created in the State General Fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. The money in the Account does not revert to the State General Fund at the end of any fiscal year, and the balance in the Account must be carried forward to the next fiscal year.
2. In addition to any money deposited into the Account from the sale of real property pursuant to subsection 5, the Director may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source for the purpose of funding the Account.
3. The Director may expend the money in the Account only for the purposes of repairing and maintaining the historic state buildings and grounds of the Stewart Indian School.
4. The Director shall, before expending any money pursuant to subsection 3, consult with an advisory committee that provides a prioritized list of projects that may be funded from the Account. The advisory committee consists of:
(a) The Administrator of the Division of State Lands of the Department;
(b) The Administrator of the Office of Historic Preservation of the Department;
(c) The Administrator of the State Public Works Division of the Department of Administration; and
(d) The Executive Director of the Nevada Indian Commission.
5. The Administrator of the Division of State Lands of the Department may make a direct sale of two parcels of land of approximately 100 acres located within Carson City, and generally described as follows:
(a) The northeast quarter (NE 1/4) of the southeast quarter (SE 1/4) of Section 33, Township 15 N., Range 19 E., M.D.B. & M.
(b) The southeast quarter (SE 1/4) of the southeast quarter (SE 1/4) of Section 33 and the southwest quarter (SW 1/4) of the southwest quarter (SW 1/4) of Section 34, Township 15 N., Range 19 E., M.D.B. & M.
Ê Money received from the sale, less any costs related to the sale, must be deposited in the Account.
(Added to NRS by 2015, 699, 700; R 2023, 2774, effective July 1, 2024)
NRS 232.161 Account to Restore the Sagebrush Ecosystem: Creation; powers and duties of Director; limitations on use of money in Account; claims.
1. The Account to Restore the Sagebrush Ecosystem is hereby created in the State General Fund. The Director shall administer the Account in a manner consistent with policies and priorities established by the Sagebrush Ecosystem Council created by NRS 232.162.
2. The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
3. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account. Money that remains in the Account at the end of a fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The money in the Account may only be used:
(a) To establish and carry out programs to preserve, restore and enhance sagebrush ecosystems pursuant to NRS 321.592 and 321.594 and is hereby authorized for expenditure as a continuing appropriation for this purpose.
(b) For any other purpose authorized by the Legislature.
5. Claims against the Account must be paid as other claims against the State are paid.
(Added to NRS by 2013, 3383; A 2020, 31st Special Session, 88)
NRS 232.162 Sagebrush Ecosystem Council: Creation; members; terms; vacancies; compensation; powers and duties; biannual report to Governor.
1. The Sagebrush Ecosystem Council is hereby created in the Department. The Council consists of:
(a) The following nine voting members appointed by the Governor:
(1) One member who represents agricultural interests;
(2) One member who represents the energy industry;
(3) One member who represents the general public;
(4) One member who represents conservation and environmental interests;
(5) One member who represents mining interests;
(6) One member who represents ranching interests;
(7) One member who represents local government;
(8) One member who acts as a liaison for Native American tribes; and
(9) One member of the Board of Wildlife Commissioners or his or her designee.
(b) In addition to the members appointed pursuant to paragraph (a), the following nonvoting members:
(1) The Director of the State Department of Conservation and Natural Resources;
(2) The Director of the Department of Wildlife;
(3) The Director of the State Department of Agriculture;
(4) The State Director of the Nevada State Office of the Bureau of Land Management;
(5) The State Supervisor of the Nevada State Office of the United States Fish and Wildlife Service;
(6) The Forest Supervisor for the Humboldt-Toiyabe National Forest; and
(7) Any other members appointed by the Governor as nonvoting members.
2. The provisions of subsection 6 of NRS 232A.020 do not apply to the appointment by the Governor of the members of the Council.
3. After the initial terms, each member of the Council appointed pursuant to subparagraphs (1) to (8), inclusive, of paragraph (a) of subsection 1 and subparagraph (7) of paragraph (b) of subsection 1 serves a term of 4 years, commencing on July 1.
4. A vacancy in the membership of the Council must be filled in the same manner as the original appointment for the remainder of the unexpired term. A member may be reappointed.
5. While engaged in the business of the Council, each voting member is entitled to receive a salary of not more than $80 per day, as established by the Council, and the per diem allowance and travel expenses provided for state officers and employees generally.
6. The Council may:
(a) Adopt regulations to govern the management and operation of the Council;
(b) Establish subcommittees consisting of members of the Council to assist the Council in the performance of its duties; and
(c) Consider and require the recovery of costs related to activities prescribed by paragraph (d) of subsection 2 of NRS 321.594 pursuant to NRS 701.600 to 701.640, inclusive, or any other authorized method of recovering those costs.
7. The Council shall:
(a) Consider the best science available in its determinations regarding the conservation of the greater sage grouse (Centrocercus urophasianus) and sagebrush ecosystems in this State;
(b) Establish and carry out strategies for:
(1) The conservation of the greater sage grouse and sagebrush ecosystems in this State; and
(2) Managing land which includes those sagebrush ecosystems, taking into consideration the importance of those sagebrush ecosystems and the interests of the State;
(c) Establish and carry out a long-term system for carrying out strategies to manage sagebrush ecosystems in this State using an adaptive management framework and providing for input from interested persons and governmental entities;
(d) Oversee any team within the Division of State Lands of the Department which provides technical services concerning sagebrush ecosystems;
(e) Establish a program to mitigate damage to sagebrush ecosystems in this State by authorizing a system that awards credits to persons, federal and state agencies, local governments and nonprofit organizations to protect, enhance or restore sagebrush ecosystems;
(f) Solicit suggestions and information and, if necessary, prioritize projects concerning the enhancement of the landscape, the restoration of habitat, the reduction of nonnative grasses and plants and the mitigation of damage to or the expansion of scientific knowledge of sagebrush ecosystems;
(g) If requested, provide advice for the resolution of any conflict concerning the management of the greater sage grouse or a sagebrush ecosystem in this State;
(h) Coordinate and facilitate discussion among persons, federal and state agencies and local governments concerning the maintenance of sagebrush ecosystems and the conservation of the greater sage grouse;
(i) Provide information and advice to persons, federal and state agencies and local governments concerning any strategy, system, program or project carried out pursuant to this section or NRS 321.592 or 321.594; and
(j) Provide direction to state agencies concerning any strategy, system, program or project carried out pursuant to this section or NRS 321.592 or 321.594 and resolve any conflict with any direction given by another state board, commission or department jointly with that board, commission or department, as applicable.
8. On or before June 30 and December 31 of each year, the Council shall submit a written report to the Governor. The report must include, without limitation:
(a) Information concerning the overall health and population of the greater sage grouse within this State and in the United States and the overall health of sagebrush ecosystems within this State, including, without limitation, information concerning any threats to the population of sage grouse and any sagebrush ecosystems within this State;
(b) Information concerning all strategies, systems, programs and projects carried out pursuant to this section and NRS 321.592 and 321.594, including, without limitation, information concerning the costs, sources of funding and results of those strategies, systems, programs and projects; and
(c) Any other information specified by the Council.
(Added to NRS by 2013, 3383)
DEPARTMENT OF ADMINISTRATION
Generally
NRS 232.212 Definitions. As used in NRS 232.212 to 232.2198, inclusive, unless the context requires otherwise:
1. “Department” means the Department of Administration.
2. “Director” means the Director of the Department.
3. “Public body” has the meaning ascribed to it in NRS 241.015.
(Added to NRS by 1973, 1450; A 1993, 1483; 2011, 1735; 2013, 62, 1888)
NRS 232.213 Creation; composition.
1. The Department of Administration is hereby created.
2. The Department consists of a Director and the following:
(a) Risk Management Division.
(b) Hearings Division, which consists of hearing officers, compensation officers and appeals officers.
(c) State Public Works Division.
(d) Purchasing Division.
(e) Administrative Services Division.
(f) Division of Human Resource Management.
(g) Division of State Library, Archives and Public Records.
(h) Fleet Services Division.
(i) Public Employees’ Deferred Compensation Program.
(j) Mail Services Division.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981, 1673, 1682; 1989, 262; 1993, 1483; 1997, 16; 1999, 2885; 2005, 1083; 2011, 1735, 2942; 2013, 206; 2015, 22, 1922; 2017, 1595; 2021, 2758, 3706; 2023, 3549)
NRS 232.214 Director: Appointment; classification; other employment prohibited. The Director:
1. Is appointed by, is responsible to, and serves at the pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1973, 1451; A 1981, 1274; 1985, 406)
NRS 232.215 Director: Appointments; other powers and duties. The Director:
1. Shall appoint an Administrator of the:
(a) Risk Management Division;
(b) State Public Works Division;
(c) Purchasing Division;
(d) Administrative Services Division;
(e) Division of Human Resource Management;
(f) Division of State Library, Archives and Public Records;
(g) Fleet Services Division; and
(h) Mail Services Division.
2. Shall, with the concurrence of the Governor and the Committee to Administer the Public Employees’ Deferred Compensation Program, appoint the Executive Officer of the Public Employees’ Deferred Compensation Program.
3. Shall serve as Chief of the Hearings Division and shall appoint the hearing officers and compensation officers. The Director may designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division.
4. Is responsible for the administration, through the divisions of the Department, of the provisions of chapters 233F, 242 and 284 of NRS, NRS 287.250 to 287.370, inclusive, and chapters 331, 333, 336, 338, 341 and 378 of NRS and all other provisions of law relating to the functions of the divisions of the Department.
5. Is responsible for the administration of the laws of this State relating to the negotiation and procurement of medical services and other benefits for state agencies.
6. Has such other powers and duties as are provided by law.
(Added to NRS by 1973, 1451; A 1979, 626, 1065; 1981, 1682; 1987, 1486; 1989, 262, 394; 1993, 774, 1484, 2444; 1995, 579; 1997, 17; 1999, 2885; 2001, 1919; 2005, 1083; 2011, 1736, 2943; 2013, 207; 2015, 23, 1922; 2017, 1595; 2021, 2759, 3706; 2023, 3550)
NRS 232.2165 Classification of administrators of divisions and Executive Officer of the Public Employees’ Deferred Compensation Program.
1. The Administrator of:
(a) The State Public Works Division;
(b) The Purchasing Division;
(c) The Administrative Services Division;
(d) The Division of Human Resource Management;
(e) The Division of State Library, Archives and Public Records;
(f) The Fleet Services Division; and
(g) The Mail Services Division,
Ê of the Department serves at the pleasure of the Director and is in the unclassified service of the State.
2. The Executive Officer of the Public Employees’ Deferred Compensation Program appointed pursuant to NRS 232.215 is in the unclassified service of the State and serves at the pleasure of the Director, except that he or she may be removed by a majority vote of the Committee to Administer the Public Employees’ Deferred Compensation Program.
(Added to NRS by 1963, 1033; A 1967, 1490; 1971, 1426; 1973, 1452; 1983, 1347; 1985, 406; 1993, 1483; 1997, 17; 1999, 2886; 2005, 1084; 2011, 1736, 2943; 2013, 207; 2015, 1923; 2017, 1596; 2021, 2759, 3706; 2023, 3550)
NRS 232.217 Deputies and chief assistants of certain administrators of divisions: Appointment; classification; restrictions on other employment. Unless federal law or regulation otherwise requires, the Administrator of the:
1. State Public Works Division;
2. Purchasing Division;
3. Division of Human Resource Management;
4. Division of State Library, Archives and Public Records; and
5. Fleet Services Division,
Ê may appoint a Deputy and a Chief Assistant in the unclassified service of the State, who shall not engage in any other gainful employment or occupation except as otherwise provided in NRS 284.143.
(Added to NRS by 1973, 1451; A 1981, 1274; 1993, 1484; 1995, 2310; 1997, 17; 1999, 2886; 2005, 1084; 2011, 2943; 2013, 208; 2015, 1923; 2023, 3550)
NRS 232.2175 Posting of notices of meetings by public bodies on State’s website: Requirements; duties of Department; regulations.
1. The Department shall establish and maintain a location on the official website of the State for the posting of notices by public bodies as required pursuant to NRS 241.020. The location must be identified on the official website of the State in a clear and conspicuous manner.
2. The location established pursuant to subsection 1 must include a place for the posting of electronic links to the Internet website or any electronic mail addresses, if available, of each public body which has posted a notice pursuant to NRS 241.020, from which a person may request the information and supporting materials that a public body must provide to a requester pursuant to NRS 241.020.
3. The Department shall provide for:
(a) The transmission to the Department by public bodies of:
(1) Notices required pursuant to NRS 241.020; and
(2) The Internet website or any electronic mail addresses, if available, of a public body that has submitted a notice for posting on the official website of the State.
(b) The timely and efficient posting of such notices and electronic links to addresses on the official website of Nevada.
4. The Department may adopt regulations to carry out the provisions of this section.
(Added to NRS by 2013, 1887)
NRS 232.2185 Directory of public bodies: Duties of Department. The Department shall establish a directory of all public bodies and include the directory on the official website of the State in a clear and conspicuous location.
(Added to NRS by 2013, 1888)
NRS 232.219 Department of Administration’s Operating Fund for Administrative Services: Creation; deposits; payments.
1. The Department of Administration’s Operating Fund for Administrative Services is hereby created as an internal service fund.
2. The operating budget of each of the following entities must include an amount representing that entity’s share of the operating costs of the central accounting function of the Department:
(a) State Public Works Division;
(b) Purchasing Division;
(c) Hearings Division;
(d) Risk Management Division;
(e) Division of Human Resource Management;
(f) Division of State Library, Archives and Public Records;
(g) Fleet Services Division;
(h) Public Employees’ Deferred Compensation Program; and
(i) Mail Services Division.
3. All money received for the central accounting services of the Department must be deposited in the State Treasury for credit to the Operating Fund.
4. All expenses of the central accounting function of the Department must be paid from the Fund as other claims against the State are paid.
(Added to NRS by 1979, 99; A 1981, 254; 1993, 1483; 1995, 928; 1997, 18; 1999, 2886; 2005, 1084; 2011, 2944; 2013, 208; 2015, 1923; 2017, 1596; 2021, 2760; 2023, 3551)
NRS 232.2195 Duties of Administrative Services Division. The Administrative Services Division shall:
1. Furnish fiscal and accounting services to:
(a) The Director and to each division of the Department; and
(b) The Office of Finance.
2. Advise and assist:
(a) The Director and each division of the Department in carrying out their functions and responsibilities; and
(b) The Office of Finance in carrying out its functions and responsibilities.
(Added to NRS by 1993, 1482; A 2015, 1924)
NRS 232.2196 Department of Administration’s Communications Fund: Creation; nature; claims.
1. The Department of Administration’s Communications Fund is hereby created as an internal service fund. The Fund is a continuing fund, and its money may not revert to the State General Fund at any time.
2. Claims against the Fund which are approved by the Administrator of the Mail Services Division must be paid as other claims against the State are paid.
3. Claims must be made in accordance with budget and quarterly work allotments and subject to postaudit examination and approval.
(Added to NRS by 2011, 2975; A 2021, 2760)—(Substituted in revision for NRS 378.143)
NRS 232.2197 Department of Administration’s Communications Fund: Revenue.
1. All revenue resulting from:
(a) Postage sold to state officers, departments and agencies and local governments and other governmental entities; and
(b) Charges for proportionate costs of mail service operation,
Ê must be deposited in the State Treasury for credit to the Communications Fund created by NRS 232.2196.
2. The formula for spreading costs of operation must be adjusted from time to time to preserve the Fund at not less than its initial level.
(Added to NRS by 2011, 2975; A 2017, 1170)—(Substituted in revision for NRS 378.146)
NRS 232.2198 Central Mailing Room: Establishment; use; duties of staff.
1. The Mail Services Division shall establish and conduct a Central Mailing Room for all state officers, departments and agencies located at Carson City, Nevada.
2. Any state officer, department or agency or local government or other governmental entity may use the Central Mailing Room facilities if the state officer, department or agency or local government or governmental entity pays the cost of such use as determined by the Mail Services Division.
3. The staff of the Central Mailing Room shall deliver incoming mail and pick up and process outgoing mail, except outgoing parcel post from the Legal Division of the Legislative Counsel Bureau, other than interoffice mail, of all state officers, departments and agencies and local governments using the Central Mailing Room facilities.
(Added to NRS by 2011, 2976; A 2017, 1170; 2021, 2760)—(Substituted in revision for NRS 378.149)
Office of Grant Procurement, Coordination and Management
NRS 232.222 Administrator: Qualifications; other employment prohibited. [Replaced in revision by NRS 223.474.]
NRS 232.223 Administrator to employ persons in classified or unclassified service to assist Administrator under his or her direction. [Replaced in revision by NRS 223.476.]
NRS 232.224 Administrator: Duties; report; regulations; development and maintenance of manual of policies and procedures; provision of training, assistance and support. [Replaced in revision by NRS 223.478.]
NRS 232.225 State agency to inform Office of any application for or receipt of grant and any unexpended portions thereof. [Replaced in revision by NRS 223.480.]
NRS 232.226 Authority of Office to apply for and receive gifts, grants, contributions and other money. [Replaced in revision by NRS 223.482.]
NRS 232.227 Account for the Office of Grant Procurement, Coordination and Management: Creation; administration; deposits; interest and income; use; claims. [Replaced in revision by NRS 223.484.]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Generally
NRS 232.290 Definitions. As used in NRS 232.290 to 232.4983, inclusive, unless the context requires otherwise:
1. “Department” means the Department of Health and Human Services.
2. “Director” means the Director of the Department.
(Added to NRS by 1963, 887; A 1967, 826; 1973, 1386, 1622; 1985, 1649, 2276; 1987, 1438; 1991, 2119; 1997, 2526, 2605; 1999, 2242; 2005, 129, 473, 2436; 2005, 22nd Special Session, 50; 2011, 2537; 2015, 191; 2017, 1731, 3192; 2019, 591, 691)
NRS 232.300 Creation; divisions; responsibility for administering law.
1. The Department of Health and Human Services is hereby created.
2. The Department consists of a Director and the following divisions:
(a) Aging and Disability Services Division.
(b) Division of Public and Behavioral Health.
(c) Division of Welfare and Supportive Services.
(d) Division of Child and Family Services.
(e) Division of Health Care Financing and Policy.
3. The Department is the sole agency responsible for administering the provisions of law relating to its respective divisions.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967, 826; 1969, 915; 1971, 373; 1973, 1386, 1623, 1691; 1979, 876; 1985, 1366; 1991, 2109, 2119; 1993, 598, 599, 1487; 1997, 2605; 1999, 110, 2242, 2244; 2005, 22nd Special Session, 50; 2009, 2366; 2013, 2993)
NRS 232.310 Director: Appointment; classification; other employment prohibited; qualifications. The Director:
1. Is appointed by, is responsible to, and serves at the pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
4. Must have broad, responsible experience in the field of administration or possess broad management skills or working knowledge of the field of social services administration.
5. Must be selected with special reference to his or her training, experience and aptitude for coordinating related functions of public health, welfare and social service agencies. The Director’s knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles, and a working knowledge of principles of public finance and the laws, rules and regulations pertaining to public agencies.
(b) Administrative ability to assess the operating efficiency of component agencies and to delegate authority and duties to responsible division and agency heads.
(c) Ability to organize and clearly present oral and written findings and recommendations to the Governor, the Legislature and other officials and agencies.
(Added to NRS by 1963, 888; A 1965, 703; 1967, 1491; 1971, 1428; 1973, 1623; 1981, 1276; 1985, 407)
NRS 232.320 Appointment of administrators of divisions; powers and duties of Director.
1. The Director:
(a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:
(1) The Administrator of the Aging and Disability Services Division;
(2) The Administrator of the Division of Welfare and Supportive Services;
(3) The Administrator of the Division of Child and Family Services;
(4) The Administrator of the Division of Health Care Financing and Policy; and
(5) The Administrator of the Division of Public and Behavioral Health.
(b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.
(Added to NRS by 1963, 888; A 1965, 369, 770; 1967, 827; 1969, 915, 1011; 1971, 374; 1973, 1387, 1625, 1692; 1975, 1633; 1977, 1120; 1979, 877; 1981, 1902; 1983, 838; 1985, 1366, 2277; 1987, 881, 1543, 1642; 1991, 332, 1054, 2109, 2114, 2115, 2120, 2137, 2139; 1993, 598, 599, 1487, 2674; 1995, 579; 1997, 2606; 1999, 111, 2242, 2244; 2001, 2371; 2003, 1127, 1321, 2635; 2005, 473, 1529; 2005, 22nd Special Session, 50; 2007, 170; 2009, 269, 2366; 2011, 541; 2013, 2993; 2017, 186, 1607, 2196, 4312; 2019, 1922, 2162, 2417, 2435, 2889, 3058, 4024; 2021, 773, 829, 1064, 1167, 1286, 1566, 2189, 2549, 2565, 2568, 2574, 2588, 2625, 2703, 2838, 3202, 3628; 2023, 1486, 1750, 1817, 2011, 2048, 2080, 2207, 2298, 2362, 2937, 2954, 2998, 3298, 3446, 3493)
NRS 232.330 Director: Employment of staff. The Director may employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the Director’s duties.
(Added to NRS by 1963, 889; A 1985, 408)
NRS 232.340 Administrators of divisions: Classification; duties; restrictions on other employment. The administrator of each division of the Department:
1. Is in the unclassified service of the State unless federal law or regulation requires otherwise.
2. Shall administer the provisions of law relating to his or her division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1963, 889; A 1965, 706; 1967, 1492; 1971, 1428; 1973, 1625; 1979, 877; 1981, 1276; 1985, 408; 1995, 2311; 1997, 2607; 1999, 2242)
NRS 232.350 Deputies and chief assistants of administrators of divisions. Unless federal law or regulation requires otherwise:
1. The administrators of the divisions of the Department, except as otherwise provided in subsections 2, 3 and 4, may each appoint, with the consent of the Director, a deputy and a chief assistant in the unclassified service of the State.
2. The Administrator of the Division of Child and Family Services of the Department shall appoint, with the consent of the Director, four deputies in the unclassified service of the State, one of whom is the Deputy Administrator for Youth Corrections who is responsible only for correctional services for youths for which the Division is responsible, including, without limitation, juvenile correctional institutions, parole of juveniles, administration of juvenile justice and programs for juvenile justice.
3. The Administrator of the Division of Health Care Financing and Policy of the Department may appoint, with the consent of the Director, two deputies in the unclassified service of the State.
4. The Administrator of the Division of Public and Behavioral Health shall appoint, with the consent of the Director, four deputies in the unclassified service of the State, one of whom must have expertise or experience in mental health services.
(Added to NRS by 1963, 889; A 1967, 1492; 1971, 1429; 1973, 1625; 1979, 878; 1981, 1276; 1985, 408; 1991, 2120; 1995, 2343; 1997, 2607; 1999, 2242, 2851; 2005, 22nd Special Session, 51; 2013, 2994)
NRS 232.353 Adoption of state plans required by Federal Government.
1. In addition to the adoption of any state plan required pursuant to NRS 422.063 or 422A.260 and except as otherwise provided in NRS 427A.040, 432.0155, 432.0305, 432A.090, 439.150, 439A.081, 442.140, 442.190 and 458.025, the Director or the Director’s designee shall adopt each state plan required by the Federal Government, either directly or as a condition to the receipt of federal money, for the administration of any program for which the Department or any of the appropriate divisions of the Department is responsible. Such a plan must set forth, regarding the particular program to which the plan applies:
(a) The requirements for eligibility;
(b) The nature and amounts of grants and other assistance which may be provided;
(c) The conditions imposed; and
(d) Such other provisions relating to the development and administration of the program as the Director or the Director’s designee deems necessary.
2. In developing and revising such a plan, the Director or the Director’s designee shall consider, without limitation:
(a) The amount of money available from the Federal Government;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations and authorizations,
Ê for the particular program to which the plan applies.
3. If a condition to the receipt of federal money is that the program for which the money is received must apply statewide and except as otherwise required by federal law or regulation, the Director may adopt regulations establishing formulas for the:
(a) Distribution of the federal money; and
(b) Assessment of any penalties or other sanctions imposed on the program.
(Added to NRS by 2005, 129)
NRS 232.3532 Development of plan of behavioral health needs in emergency or disaster; annual report.
1. The Department shall develop a written plan to address behavioral health needs in an emergency or disaster. Such a plan must, without limitation:
(a) Prescribe a process for assessing the need for behavioral health resources during or after an emergency or disaster based on the estimated impact of the emergency or disaster and the estimated depletion of resources during the emergency or disaster;
(b) Ensure continuity of services for existing patients with a mental illness, developmental disability or intellectual disability during an emergency or disaster;
(c) Prescribe strategies to deploy triage and psychological first-aid services during an emergency or disaster;
(d) Identify opportunities for the rendering of mutual aid during an emergency or disaster;
(e) Prescribe procedures to address the behavioral health needs of first responders during and after an emergency or disaster; and
(f) Prescribe measures to aid the recovery of the behavioral health system after an emergency or disaster.
2. On or before December 31 of each year, the Department shall:
(a) Review the plan developed pursuant to subsection 1 and revise the plan as necessary; and
(b) Transmit the plan to the Chief of the Division of Emergency Management of the Office of the Military.
3. As used in this section:
(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.
(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.
(Added to NRS by 2019, 591; A 2021, 2088)
NRS 232.355 Department of Health and Human Services’ Gift Fund: Creation; accounts; deposit of money received by divisions; claims; disposition of property other than money.
1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the divisions of the Department are authorized to accept must be accounted for in the Department of Health and Human Services’ Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Department may establish such accounts in the Fund as are necessary to account properly for gifts received. All such money received by the divisions must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Director or the Director’s delegate.
2. Gifts of property other than money may be sold or exchanged when this is deemed by the head of the facility or agency responsible for the gift to be in the best interest of the facility or agency. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the head of the facility or agency. All money received from the sale must be deposited in the State Treasury to the credit of the appropriate gift account in the Department of Health and Human Services’ Gift Fund. The money may be spent only for the purposes of the facility or agency named in the title of the account. The property may not be sold or exchanged if to do so would violate the terms of the gift.
(Added to NRS by 1981, 76; A 1997, 123; 1999, 9; 2001, 2749; 2005, 22nd Special Session, 51)
NRS 232.357 Limitations on sharing confidential information by divisions. The divisions of the Department, in the performance of their official duties, may share information in their possession amongst themselves which is otherwise declared confidential by statute, if the confidentiality of the information is otherwise maintained under the terms and conditions required by law. The divisions of the Department may share confidential information with agencies of local governments which are responsible for the collection of debts or obligations or for aiding the Department in its official duties if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
(Added to NRS by 1987, 1438; A 1989, 1952; 1995, 1576)
NRS 232.358 Division of Public and Behavioral Health: Establishment of educational program regarding prevention of domestic violence and medical, mental health and social services available to victims of domestic violence.
1. The Director may authorize the Administrator of the Division of Public and Behavioral Health to establish an educational program regarding the prevention of domestic violence and any medical, mental health or social services available to victims of domestic violence, within the limitations of available funding.
2. The Department may apply for any available grants and accept any gifts, grants or donations from any source for the purposes of carrying out the provisions of this section.
3. As used in this section, “domestic violence” has the meaning ascribed to it in NRS 33.018.
(Added to NRS by 2015, 191)
NRS 232.359 System to provide nonemergency information and referrals concerning health, welfare, human and social services: Establishment; requirements.
1. The Department, in collaboration with any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services, shall establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. The system must:
(a) Integrate any information and referral systems previously established by state agencies, local agencies or community-based organizations with the system established pursuant to this section;
(b) Be the sole system in this State which is accessible to a person by dialing the digits 2-1-1 and which provides nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State;
(c) Be accessible to a person using the public telephone system by dialing the digits 2-1-1;
(d) Include information concerning service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive;
(e) Except as otherwise provided in paragraph (f), include information that is updated periodically; and
(f) Include information concerning the licensing status of any entity licensed pursuant to chapter 449 of NRS that is reviewed and updated at least quarterly.
2. In establishing the statewide information and referral system, the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:
(a) The Public Utilities Commission of Nevada;
(b) Telephone companies which provide service through a local exchange in this State;
(c) Companies that provide wireless phone services in this State;
(d) Existing information and referral services established by state agencies, local agencies or community-based organizations;
(e) State and local agencies or other organizations that provide health, welfare, human and social services;
(f) Nonprofit organizations; and
(g) Such other agencies, entities and organizations as determined necessary by the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services or any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services.
3. The Public Utilities Commission of Nevada, each telephone company which provides service through a local exchange in this State and each company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.
(Added to NRS by 2005, 2437; A 2019, 251, 2691)
Success Contracts
NRS 232.3601 “Success contract” defined. As used in this section and NRS 232.3602 and 232.3603, unless the context otherwise requires, “success contract” means a contract between the Director and a person or local government that provides for the person or local government to:
1. Provide or arrange for the provision of services;
2. Finance the cost of those services by soliciting investments; and
3. Receive payment upon the achievement of specified objectives.
(Added to NRS by 2017, 3191)
NRS 232.3602 Authority to enter; required provisions; procedure for award; reports.
1. The Director may enter into a success contract with a person or local government to accomplish any purpose within the jurisdiction of the Department or any of its divisions. Each success contract must include:
(a) A requirement that payment be conditioned on achieving specific outcomes based on defined performance targets;
(b) An objective process by which an independent evaluator will determine whether the performance targets have been met;
(c) A description of the services to be provided under the contract and the persons who will provide those services;
(d) A schedule that prescribes the dates by which each performance target must be achieved, the date by which each payment must be made and the amount of each payment;
(e) A description of the investments that the person or local government will solicit to raise the money necessary to finance the cost of services and a provision prohibiting investors from earning a return on investment that exceeds 10 percent per year;
(f) Procedures by which either party may terminate the contract early and a transition plan to prevent or mitigate any adverse impact resulting from early termination; and
(g) A prohibition on any investor having input concerning the manner in which services are provided pursuant to the contract after the contract becomes effective.
2. A success contract must be awarded through a competitive bidding process conducted in accordance with the provisions of chapter 333 of NRS. The Director may issue a request for proposals on his or her own volition or after receiving input from any person or entity. Each request for proposals must describe the services to be provided pursuant to the contract, the desired outcomes and the proposed duration of the contract.
3. Before entering into a success contract, the Director must:
(a) Determine that entering into the contract will improve the services provided pursuant to the contract and reduce the costs of the Department for providing the services;
(b) Determine that the success contract will not create a conflict of interest for any employee or independent contractor of the Department or any other person or entity; and
(c) Consult with any other state agency that may be affected by the contract.
4. For each success contract entered into pursuant to this section, the Department shall publish on its Internet website a report that sets forth the rationale for entering into the contract and the basis for that rationale.
5. On or before October 1 of each even numbered year, the Director shall submit to the director of the Legislative Counsel Bureau for transmission to the Legislature a report concerning each success contract in effect at any point during the 2 immediately preceding fiscal years. The report must include the outcomes of each such contract, including the estimated costs saved by the State because of the contract.
(Added to NRS by 2017, 3191)
NRS 232.3603 Success Contract Account: Creation; administration; interest and income; nonreversion; deposit of gifts, grants and donations; use.
1. The Success Contract Account is hereby created in the State General Fund. The Account must be administered by the Director.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Ê must be credited to the Account.
3. Any money in the Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The Department may apply for and accept gifts, grants and donations of money from any source for deposit in the Account.
5. The money in the Account must only be used to:
(a) Provide payments due pursuant to success contracts awarded in accordance with the provisions of NRS 232.3602; and
(b) Administer the provisions of NRS 232.3601, 232.3602 and 232.3603.
(Added to NRS by 2017, 3192)
Commission on Behavioral Health
NRS 232.361 Creation; composition; Chair; terms of members; vacancies; certain concurrent membership prohibited.
1. There is hereby created in the Department a Commission on Behavioral Health consisting of 10 members appointed by the Governor, at least 3 of whom have training or experience in dealing with intellectual disabilities.
2. The Governor shall appoint:
(a) A psychiatrist licensed to practice medicine in this State, from a list of three candidates submitted by the Nevada Psychiatric Association;
(b) A psychologist licensed to practice in this State and experienced in clinical practice, from a list of four candidates submitted by the Nevada Psychological Association, two of whom must be from northern Nevada and two of whom must be from southern Nevada;
(c) A physician, other than a psychiatrist, licensed to practice medicine in this State and who has experience in dealing with intellectual disabilities, from a list of three candidates submitted by the Nevada State Medical Association;
(d) A clinical social worker licensed to practice in this State who has experience in dealing with mental illness or intellectual disabilities, or both;
(e) A registered nurse licensed to practice in this State who has experience in dealing with mental illness or intellectual disabilities, or both, from a list of three candidates submitted by the Nevada Nurses Association;
(f) A marriage and family therapist or clinical professional counselor licensed pursuant to chapter 641A of NRS;
(g) A person who is licensed or certified pursuant to chapter 641C of NRS who is not an intern;
(h) A current or former recipient of mental health services provided by the State or any agency thereof;
(i) A representative of the general public who has a special interest in the field of mental health; and
(j) A representative of the general public who has a special interest in the field of intellectual disabilities.
3. The Governor shall appoint the Chair of the Commission from among its members.
4. After the initial terms, each member shall serve a term of 4 years. If a vacancy occurs during a member’s term, the Governor shall appoint a person qualified under this section to replace that member for the remainder of the unexpired term.
5. A person may not serve concurrently as a member of the Commission and a member of the Board of Psychological Examiners, the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors, the Board of Examiners for Social Workers or the Board of Examiners for Alcohol, Drug and Gambling Counselors.
(Added to NRS by 1985, 2275; A 1989, 1549; 1999, 110, 1640; 2005, 547; 2007, 387; 2013, 692, 2995; 2017, 2245)
NRS 232.363 Meetings; quorum; salary; expenses; restrictions on ownership of or employment by certain enterprises.
1. The Commission shall meet at the call of the Chair at least 6 times but not more than 12 times a year. A meeting may last for more than 1 day. A majority of the members of the Commission constitutes a quorum and is required to transact any business of the Commission.
2. Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day the member is engaged in the business of the Commission.
3. While engaged in the business of the Commission, each member and employee of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
4. A person is ineligible for appointment to or continued service on the Commission if the person or the person’s spouse owns an interest in or is employed by any enterprise or organization, whether or not conducted for profit, which derives 25 percent or more of its gross revenues from the Division of Public and Behavioral Health.
(Added to NRS by 1985, 2276; A 1987, 1303; 1989, 1708; 1999, 111)—(Substituted in revision for NRS 232.306)
Grants Management Advisory Committee
NRS 232.383 Creation; composition; prohibition on grants to entity employing member; terms of members; salary; expenses; quorum; members holding public office or employed by governmental entity; Chair; meetings; rules.
1. The Grants Management Advisory Committee is hereby created within the Department.
2. The Advisory Committee consists of the following 15 members appointed by the Director:
(a) A superintendent of a county school district or the superintendent’s designee;
(b) A director of a local agency which provides services for abused or neglected children, or the director’s designee;
(c) A member who possesses knowledge, skill and experience in the provision of services to children;
(d) A representative of a department of juvenile justice services;
(e) A member who possesses knowledge, skill and experience in the provision of services to senior citizens;
(f) Two members who possess knowledge, skill and experience in finance or in business generally;
(g) A representative of the Nevada Association of Counties;
(h) A member who possesses knowledge, skill and experience in building partnerships between the public sector and the private sector;
(i) Two members of the public who possess knowledge of or experience in the provision of services to persons or families who are disadvantaged or at risk;
(j) A member who possesses knowledge, skill and experience in the provision of services to persons with disabilities;
(k) A member who possesses knowledge, skill and experience in the provision of services relating to the cessation of the use of tobacco;
(l) A member who possesses knowledge, skill and experience in the provision of health services to children; and
(m) A representative who is a member of the Nevada Commission on Aging, created by NRS 427A.032, who must not be a Legislator.
3. An entity who employs a member of the Advisory Committee is not eligible to receive a grant. This subsection does not prohibit an entity that serves solely as the fiscal agent for a recipient of a grant from employing a member of the Advisory Committee.
4. The Director shall ensure that, insofar as practicable, the members whom the Director appoints reflect the ethnic and geographical diversity of this State.
5. After the initial terms, each member of the Advisory Committee serves for a term of 2 years. Each member of the Advisory Committee continues in office until his or her successor is appointed.
6. Each member of the Advisory Committee who is not an officer or employee of this State or a political subdivision of this State is entitled to receive a salary of not more than $80 per day, fixed by the Director, while engaged in the business of the Advisory Committee.
7. While engaged in the business of the Advisory Committee, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
8. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.
9. A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Advisory Committee; or
(b) Take annual leave or compensatory time for the absence.
10. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chair from among its members;
(b) Meet at the call of the Director, the Chair or a majority of its members as necessary, within the budget of the Advisory Committee, but not to exceed six meetings per year; and
(c) Adopt rules for its own management and government.
(Added to NRS by 2005, 471; A 2007, 2345)
1. The Grants Management Advisory Committee created by NRS 232.383 shall:
(a) Review all requests received by the Department for awards of money from agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department;
(b) Submit recommendations to the Director concerning each request for an award of money that the Advisory Committee believes should be granted, including, without limitation, the name of the agency, nonprofit community organization or educational institution that submitted the request;
(c) Adopt policies setting forth criteria to determine which agencies, organizations and institutions to recommend for an award of money;
(d) In accordance with subsection 2, establish a list of nonprofit community organizations eligible to receive awards of money from the Grief Support Trust Account created by NRS 439.5132;
(e) Monitor awards of money granted by the Department to agencies of the State or its political subdivisions, and nonprofit community organizations or educational institutions which provide or will provide services to persons served by the programs administered by the Department, including, without limitation, awards of money granted pursuant to NRS 439.630;
(f) Assist the staff of the Department in determining the needs of local communities and in setting priorities for funding programs administered by the Department; and
(g) Consider funding strategies for the Department, including, without limitation, seeking ways to avoid unnecessary duplication of the services for which awards of money to agencies of the State or its political subdivisions and nonprofit community organizations or educational institutions are granted, and make recommendations concerning funding strategies to the Director.
2. The Grants Management Advisory Committee may include a nonprofit community organization on the list of nonprofit community organizations eligible to receive an award of money from the Grief Support Trust Account created by NRS 439.5132 only if the nonprofit community organization satisfies the following criteria:
(a) The Secretary of the Treasury has recognized the nonprofit community organization as tax exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), for at least 3 years, and the organization is organized as a nonprofit corporation pursuant to chapter 82 of NRS.
(b) The nonprofit community organization has provided age-appropriate peer support groups for children between the ages of 3 years and 18 years for at least 2 years, and provides such peer support groups from September to May of each calendar year on a biweekly basis.
(c) The nonprofit community organization is a member of the National Alliance for Grieving Children or its successor organization.
(d) The nonprofit community organization must provide its grief support services free of charge.
(e) The nonprofit community organization keeps and aggregates information relating to the number of children served by the organization and the demographic information of such children, including, without limitation, a child’s age, gender, race, ethnicity, school attendance and family income.
(f) Any other criteria set forth in the policies adopted by the Committee pursuant to paragraph (c) of subsection 1.
(Added to NRS by 2005, 472; A 2007, 2347; 2017, 3173)
NRS 232.387 Appointment of working groups by Chair; duties. The Chair of the Grants Management Advisory Committee created by NRS 232.383 may appoint working groups composed of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have relevant experience or knowledge:
1. To consider specific problems or other matters that are related to and within the scope of the functions of the Advisory Committee; and
2. To review requests for awards of money related to specific programs administered by the Department.
(Added to NRS by 2005, 473)
Office for Consumer Health Assistance
NRS 232.451 Definitions. As used in NRS 232.451 to 232.462, inclusive, unless the context otherwise requires, the words and terms defined in NRS 232.452 to 232.456, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1806; A 2001, 2653; 2003, 1507; 2011, 972; 2013, 1613)—(Substituted in revision for NRS 223.500)
NRS 232.452 “Advocate” defined. “Advocate” means the Governor’s Consumer Health Advocate appointed pursuant to NRS 232.458.
(Added to NRS by 2011, 972)—(Substituted in revision for NRS 223.505)
NRS 232.453 “Consumer” defined. “Consumer” means a natural person who:
1. Has or is in need of coverage under a health care plan;
2. Is in need of information or other assistance regarding a prescription drug program;
3. May need information concerning purchasing prescription drugs from Canadian pharmacies; or
4. Is in need of information or other assistance regarding his or her health care services or disputes in billing related to his or her medical claims.
(Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22nd Special Session, 155; 2011, 587)—(Substituted in revision for NRS 223.510)
NRS 232.454 “Director” defined. “Director” means the Director of the Department of Health and Human Services.
(Added to NRS by 1999, 1806; A 2011, 972)—(Substituted in revision for NRS 223.520)
NRS 232.455 “Health care plan” defined. “Health care plan” means a policy, contract, certificate or agreement offered or issued to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(Added to NRS by 1999, 1806)—(Substituted in revision for NRS 223.530)
NRS 232.456 “Prescription drug program” defined. “Prescription drug program” means a program:
1. Sponsored or conducted by a manufacturer of prescription drugs at no charge; or
2. Offered by the State of Nevada or a political subdivision thereof.
(Added to NRS by 2003, 1506)—(Substituted in revision for NRS 223.535)
NRS 232.457 Applicability of NRS 223.085. The provisions of NRS 223.085 do not apply to the provisions of NRS 232.451 to 232.462, inclusive.
(Added to NRS by 1999, 1806; A 2001, 2653; 2013, 1613)—(Substituted in revision for NRS 223.540)
NRS 232.458 Creation of Office for Consumer Health Assistance; appointment and qualifications of Governor’s Consumer Health Advocate; payment of costs from assessments, gifts, grants or donations, and direct legislative appropriation.
1. The Office for Consumer Health Assistance is hereby established in the Department of Health and Human Services. The Director shall appoint the Governor’s Consumer Health Advocate to head the Office. The Advocate must:
(a) Be selected on the basis of his or her training, experience, capacity and interest in health-related services.
(b) Be a graduate of an accredited college or university. The Director shall, to the extent practicable, give preference to a person who has a degree in the field of health, social science, public administration or business administration or a related field.
(c) Have not less than 3 years of experience in the administration of health care or insurance programs.
(d) Have expertise and experience in the field of advocacy.
2. The cost of carrying out the provisions of NRS 232.451 to 232.462, inclusive, must be paid as follows:
(a) That portion of the cost related to providing assistance to consumers and injured employees concerning workers’ compensation must be paid from the assessments levied pursuant to NRS 232.680.
(b) That portion of the cost related to the operation of the Bureau for Hospital Patients created pursuant to NRS 232.462 must be paid from the assessments levied pursuant to that section.
(c) That portion of the cost related to providing assistance to consumers in need of information or other facilitation regarding a prescription drug program may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.
(d) That portion of the cost related to providing assistance to consumers in need of information concerning purchasing prescription drugs from Canadian pharmacies may, to the extent money is available from this source, be paid from the proceeds of any gifts, grants or donations that are received by the Advocate for this purpose.
(e) The remaining cost must be provided by direct legislative appropriation from the State General Fund and be paid out on claims as other claims against the State are paid.
(Added to NRS by 1999, 1806; A 2001, 778, 2653; 2003, 1507; 2005, 22nd Special Session, 155; 2011, 972; 2013, 1613)—(Substituted in revision for NRS 223.550)
NRS 232.459 Duties of Advocate; authority of Advocate to adopt regulations. [Effective through December 31, 2025.]
1. The Advocate shall:
(a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;
(b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;
(c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance;
(d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program, and policies of industrial insurance in this State;
(e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;
(f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;
(g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;
(h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;
(i) Establish and maintain an Internet website which includes:
(1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;
(2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and
(3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State;
(j) Assist consumers with accessing a navigator, case manager or facilitator to help the consumer obtain health care services;
(k) Assist consumers with scheduling an appointment with a provider of health care who is in the network of providers under contract to provide services to participants in the health care plan under which the consumer is covered;
(l) Assist consumers with filing complaints against health care facilities and health care professionals;
(m) Assist consumers with filing complaints with the Commissioner of Insurance against issuers of health care plans; and
(n) On or before January 31 of each year, compile a report of aggregated information submitted to the Office for Consumer Health Assistance pursuant to NRS 687B.675, aggregated for each type of provider of health care for which such information is provided and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Joint Interim Standing Committee on Health and Human Services; and
(2) In odd-numbered years, the next regular session of the Legislature.
2. The Advocate may adopt regulations to carry out the provisions of this section and NRS 232.461 and 232.462.
3. As used in this section:
(a) “Health care facility” has the meaning ascribed to it in NRS 162A.740.
(b) “Navigator, case manager or facilitator” has the meaning ascribed to it in NRS 687B.675.
(Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22nd Special Session, 156; 2007, 2358, 2881; 2009, 559; 2011, 587, 973; 2013, 1614; 2019, 314)
NRS 232.459 Duties of Advocate; authority of Advocate to adopt regulations. [Effective January 1, 2026.]
1. The Advocate shall:
(a) Respond to written and telephonic inquiries received from consumers and injured employees regarding concerns and problems related to health care and workers’ compensation;
(b) Assist consumers and injured employees in understanding their rights and responsibilities under health care plans, including, without limitation, the Public Employees’ Benefits Program and the Public Option, and policies of industrial insurance;
(c) Identify and investigate complaints of consumers and injured employees regarding their health care plans, including, without limitation, the Public Employees’ Benefits Program and the Public Option, and policies of industrial insurance and assist those consumers and injured employees to resolve their complaints, including, without limitation:
(1) Referring consumers and injured employees to the appropriate agency, department or other entity that is responsible for addressing the specific complaint of the consumer or injured employee; and
(2) Providing counseling and assistance to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program and the Public Option, and policies of industrial insurance;
(d) Provide information to consumers and injured employees concerning health care plans, including, without limitation, the Public Employees’ Benefits Program and the Public Option, and policies of industrial insurance in this State;
(e) Establish and maintain a system to collect and maintain information pertaining to the written and telephonic inquiries received by the Office for Consumer Health Assistance;
(f) Take such actions as are necessary to ensure public awareness of the existence and purpose of the services provided by the Advocate pursuant to this section;
(g) In appropriate cases and pursuant to the direction of the Advocate, refer a complaint or the results of an investigation to the Attorney General for further action;
(h) Provide information to and applications for prescription drug programs for consumers without insurance coverage for prescription drugs or pharmaceutical services;
(i) Establish and maintain an Internet website which includes:
(1) Information concerning purchasing prescription drugs from Canadian pharmacies that have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328;
(2) Links to websites of Canadian pharmacies which have been recommended by the State Board of Pharmacy for inclusion on the Internet website pursuant to subsection 4 of NRS 639.2328; and
(3) A link to the website established and maintained pursuant to NRS 439A.270 which provides information to the general public concerning the charges imposed and the quality of the services provided by the hospitals and surgical centers for ambulatory patients in this State;
(j) Assist consumers with accessing a navigator, case manager or facilitator to help the consumer obtain health care services;
(k) Assist consumers with scheduling an appointment with a provider of health care who is in the network of providers under contract to provide services to participants in the health care plan under which the consumer is covered;
(l) Assist consumers with filing complaints against health care facilities and health care professionals;
(m) Assist consumers with filing complaints with the Commissioner of Insurance against issuers of health care plans; and
(n) On or before January 31 of each year, compile a report of aggregated information submitted to the Office for Consumer Health Assistance pursuant to NRS 687B.675, aggregated for each type of provider of health care for which such information is provided and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(1) In even-numbered years, the Joint Interim Standing Committee on Health and Human Services; and
(2) In odd-numbered years, the next regular session of the Legislature.
2. The Advocate may adopt regulations to carry out the provisions of this section and NRS 232.461 and 232.462.
3. As used in this section:
(a) “Health care facility” has the meaning ascribed to it in NRS 162A.740.
(b) “Navigator, case manager or facilitator” has the meaning ascribed to it in NRS 687B.675.
(c) “Public Option” means the Public Option established pursuant to NRS 695K.200.
(Added to NRS by 1999, 1806; A 2003, 1507; 2005, 22nd Special Session, 156; 2007, 2358, 2881; 2009, 559; 2011, 587, 973; 2013, 1614; 2019, 314; 2021, 3629, effective January 1, 2026)
NRS 232.461 Powers of Advocate; conflicts of interest.
1. The Advocate, within the limits of available money:
(a) Shall, to carry out the provisions of this section and NRS 232.459, employ at least two persons who have experience in the field of workers’ compensation, including, without limitation, persons who have experience in administering claims or programs related to policies of industrial insurance, representing employees in contested claims relating to policies of industrial insurance or advocating for the rights of injured employees; and
(b) May, in addition to the persons required to be employed pursuant to paragraph (a), employ:
(1) Such persons in the unclassified service of the State as the Advocate determines to be necessary to carry out the provisions of this section and NRS 232.459, including, without limitation, a provider of health care, as that term is defined in NRS 449A.424.
(2) Such additional personnel as may be required to carry out the provisions of this section and NRS 232.459, who must be in the classified service of the State.
Ê A person employed pursuant to the authority set forth in this subsection must be qualified by training and experience to perform the duties for which the Advocate employs that person.
2. The Advocate may:
(a) To the extent not otherwise prohibited by law, obtain such information from consumers, injured employees, health care plans, prescription drug programs and policies of industrial insurance as the Advocate determines to be necessary to carry out the provisions of this section and NRS 232.459.
(b) Apply for any available grants, accept any gifts, grants or donations and use any such gifts, grants or donations to aid the Office for Consumer Health Assistance in carrying out its duties pursuant to paragraphs (h) and (i) of subsection 1 of NRS 232.459.
3. The Advocate and the Advocate’s employees shall not have any conflict of interest relating to the performance of their duties pursuant to this section and NRS 232.459. For the purposes of this subsection, a conflict of interest shall be deemed to exist if the Advocate or employee, or any person affiliated with the Advocate or employee:
(a) Has direct involvement in the licensing, certification or accreditation of a health care facility, insurer or provider of health care;
(b) Has a direct ownership interest or investment interest in a health care facility, insurer or provider of health care;
(c) Is employed by, or participating in, the management of a health care facility, insurer or provider of health care; or
(d) Receives or has the right to receive, directly or indirectly, remuneration pursuant to any arrangement for compensation with a health care facility, insurer or provider of health care.
(Added to NRS by 1999, 1807; A 2001, 2653; 2003, 1508; 2005, 1073; 2005, 22nd Special Session, 156; 2011, 588, 974; 2013, 1615)—(Substituted in revision for NRS 223.570)
NRS 232.462 Creation of Bureau for Hospital Patients; powers and duties of Advocate or Advocate’s designee; annual assessment of hospitals.
1. The Bureau for Hospital Patients is hereby created within the Office for Consumer Health Assistance.
2. The Advocate:
(a) Is responsible for the operation of the Bureau, which must be easily accessible to the clientele of the Bureau.
(b) Shall appoint and supervise such additional employees as are necessary to carry out the duties of the Bureau. The employees of the Bureau are in the unclassified service of the State.
3. The Advocate or the Advocate’s designee may, upon request made by either party, hear, mediate, arbitrate or resolve by alternative means of dispute resolution disputes between patients and hospitals. The Advocate or the Advocate’s designee may decline to hear a case that in the Advocate’s opinion is trivial, without merit or beyond the scope of his or her jurisdiction. The Advocate or the Advocate’s designee may hear, mediate, arbitrate or resolve through alternative means of dispute resolution disputes regarding:
(a) The accuracy or amount of charges billed to a patient;
(b) The reasonableness of arrangements made for a patient to pay any bill for medical services, including, without limitation, arrangements to pay hospital bills made pursuant to paragraph (c) of subsection 1 of NRS 439B.260; and
(c) Such other matters related to the charges for care provided to a patient as the Advocate or the Advocate’s designee determines appropriate for arbitration, mediation or other alternative means of dispute resolution.
Ê The Advocate’s designee must be an employee of the State and, except for the purposes of this subsection, must not be employed by, or otherwise associated with, the Bureau or the Office for Consumer Health Assistance.
4. The decision of the Advocate or the Advocate’s designee is a final decision for the purpose of judicial review.
5. Each hospital, other than federal and state hospitals, with 49 or more licensed or approved hospital beds shall pay an annual assessment for the support of the Bureau. On or before July 15 of each year, the Advocate shall notify each hospital of its assessment for the fiscal year. Payment of the assessment is due on or before September 15. Late payments bear interest at the rate of 1 percent per month or fraction thereof.
6. The total amount assessed pursuant to subsection 5 for a fiscal year must not be more than $100,000 adjusted by the percentage change between January 1, 1991, and January 1 of the year in which the fees are assessed, in the Consumer Price Index (All Items) published by the United States Department of Labor.
7. The total amount assessed must be divided by the total number of patient days of care provided in the previous calendar year by the hospitals subject to the assessment. For each hospital, the assessment must be the result of this calculation multiplied by its number of patient days of care for the preceding calendar year.
(Added to NRS by 2001, 2652; A 2003, 351; 2005, 1022; 2011, 589, 975; 2013, 1615)—(Substituted in revision for NRS 223.575)
Office of Minority Health and Equity
NRS 232.467 Definitions. As used in NRS 232.467 to 232.484, inclusive, unless the context otherwise requires, the words and terms defined in NRS 232.468 to 232.473, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 2434; A 2011, 976; 2021, 2704)
NRS 232.468 “Advisory Committee” defined. “Advisory Committee” means the Committee created in the Office pursuant to NRS 232.482.
(Added to NRS by 2005, 2434)
NRS 232.4685 “Advocate” defined. “Advocate” means the Governor’s Consumer Health Advocate appointed pursuant to NRS 232.458.
(Added to NRS by 2011, 976)
NRS 232.469 “Health care” defined. “Health care” includes, without limitation, mental health care.
(Added to NRS by 2005, 2434)
NRS 232.471 “Manager” defined. “Manager” means the Manager of the Office of Minority Health and Equity.
(Added to NRS by 2005, 2434; A 2017, 2408)
NRS 232.472 “Minority group” defined.
1. “Minority group” means:
(a) A racial or ethnic minority group;
(b) A group of persons with disabilities;
(c) A group of persons that share the same sexual orientation; or
(d) A group of persons whose gender-related identity, appearance, expression or behavior is different than that assigned at birth.
2. As used in this section, “sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.
(Added to NRS by 2005, 2434; A 2017, 2408)
NRS 232.473 “Office” defined. “Office” means the Office of Minority Health and Equity of the Department.
(Added to NRS by 2005, 2434; A 2011, 977; 2017, 2408)
NRS 232.474 Creation; purposes. The Office of Minority Health and Equity is hereby created within the Department. The purposes of the Office of Minority Health and Equity are to:
1. Improve the quality of health care services for members of minority groups;
2. Increase access to health care services for members of minority groups;
3. Disseminate information to and educate the public on matters concerning health care issues of interest to members of minority groups; and
4. Develop recommendations for changes in policy and advocate on behalf of minority groups to carry out the provisions of subsections 1 and 2.
(Added to NRS by 2005, 2434; A 2011, 977; 2017, 2408)
NRS 232.475 Duties; assistance and cooperation.
1. In accomplishing its purposes, the Office shall:
(a) Provide a central source of information for the use of the public concerning health care services for members of minority groups and health care issues of interest to those members;
(b) Identify and use any available resources for the improvement of the quality of health care services for members of minority groups and for increased access to health care services for those members;
(c) Develop and coordinate plans and programs to improve the quality of health care services for members of minority groups and to increase access to health care services for those members, including, without limitation, plans and programs that primarily serve local communities;
(d) Research and make recommendations to the Public Health Resource Officer appointed pursuant to NRS 223.950 concerning strategies to address disparate health outcomes in:
(1) Communities of Black persons, Indigenous persons and persons of color resulting from systemic racism and structures of racial discrimination; and
(2) Rural communities and other underserved communities;
(e) Hold conferences and provide training concerning cultural diversity in the workplace for public and private entities that offer services in the field of health care, including, without limitation, providing recommendations and opportunities for training for such public and private entities to improve recruitment of members of minority groups;
(f) Whenever possible, incorporate the use of bilingual communication in its programs and activities;
(g) Publicize health care issues of interest to members of minority groups; and
(h) Develop and carry out such other programs and activities as the Office deems appropriate.
2. In carrying out the duties set forth in subsection 1, the Office may seek assistance from and cooperate with a public or private entity.
(Added to NRS by 2005, 2434; A 2021, 3651)
NRS 232.476 Gifts, grants, appropriations or donations; contracts or partnerships; regulations. The Office may:
1. Apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out its purposes;
2. Contract or enter into a partnership with a public or private entity to assist in carrying out its purposes; and
3. Adopt such regulations as are necessary to carry out the provisions of NRS 232.467 to 232.484, inclusive.
(Added to NRS by 2005, 2435; A 2021, 2705)
NRS 232.477 Manager: Appointment; classification; qualifications.
1. The Director shall, to the extent that money is available for that purpose, appoint or designate a Manager of the Office who:
(a) Serves at the pleasure of the Director; and
(b) Is in the unclassified service of the State.
2. The Manager must be appointed on the basis of his or her education, training, experience, demonstrated abilities and interest in the provision of health care services to members of minority groups and in related programs.
(Added to NRS by 2005, 2435; A 2011, 977; 2017, 2408)
NRS 232.478 Manager: Duties. The Manager shall:
1. Ensure that the purposes of the Office are carried out;
2. Direct and supervise all the technical and administrative activities of the Office;
3. Attend the meetings of the Advisory Committee;
4. Provide administrative support to the Advisory Committee as necessary to carry out the duties of the Advisory Committee;
5. Request and consider the advice of the Advisory Committee concerning matters of policy;
6. Serve as the contracting officer for the Office to receive money from the Federal Government or any other source; and
7. Act as liaison between the Office, members of minority groups, and public and private entities offering health care services primarily to those members or offering health care information of interest to those members.
(Added to NRS by 2005, 2435; A 2017, 2408)
NRS 232.479 Biennial report to Governor and Director of Legislative Counsel Bureau. On or before March 1 of each odd-numbered year, the Manager shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature. The report must outline the manner in which the Office has accomplished its purposes during the biennium, including, without limitation, information concerning the activities, findings and recommendations of the Office as they relate to health care services for members of minority groups and to health care issues of interest to those members.
(Added to NRS by 2005, 2435)
NRS 232.4795 Minority Health and Equity Account: Creation; administration; deposits; nonreversion; use.
1. The Minority Health and Equity Account is hereby created in the State General Fund. The Account must be administered by the Manager. The Manager shall deposit in the Account:
(a) Any legislative appropriations made to the Office; and
(b) Any other money received by the Office pursuant to NRS 232.476.
2. The interest and income earned on:
(a) The money in the Account, after deducting any applicable charges; and
(b) Unexpended appropriations made to the Account from the State General Fund,
Ê must be credited to the Account.
3. Any money in the Account and any unexpended appropriations made to the Account from the State General Fund remaining at the end of a fiscal year do not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
4. The money in the Account must be expended to carry out the purposes of NRS 232.467 to 232.484, inclusive.
(Added to NRS by 2021, 2703)
NRS 232.481 Grants of money; regulations.
1. The Manager may, within the limits of legislative appropriations and other available money, award a grant of money to a person for use consistent with the provisions of NRS 232.467 to 232.484, inclusive.
2. Before the Manager may award a grant pursuant to subsection 1, the Manager shall adopt by regulation:
(a) Procedures by which a person may apply for a grant from the Manager;
(b) Criteria that the Manager will consider in determining whether to award a grant; and
(c) Procedures by which the Manager will distribute any money that the Office receives pursuant to subsection 1 of NRS 232.476.
(Added to NRS by 2005, 2435)
NRS 232.482 Advisory Committee: Creation; composition; terms of members; vacancies; Chair.
1. There is hereby created in the Office an Advisory Committee consisting of nine voting members appointed by the Department and the State Board of Health.
2. The Director of the Department shall appoint three members who have an interest in health issues relating to minority groups.
3. The State Board of Health shall appoint:
(a) Three members representing each geographic region of this State, including one member who resides in southern Nevada, one member who resides in northern Nevada and one member who resides in rural Nevada;
(b) One member who is a representative of a nonprofit organization located in this State;
(c) One provider of health care in this State; and
(d) One member of the public at large.
4. One Legislator who is appointed by the Legislative Commission shall serve on the Advisory Committee in an ex officio, nonvoting capacity.
5. When appointing a member to the Advisory Committee, consideration must be given to whether the members appointed to the Advisory Committee reflect the ethnic and geographical diversity of this State.
6. The term of each member of the Advisory Committee is 2 years. A member may be reappointed for an additional term of 2 years in the same manner as the original appointment. A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.
7. At its first meeting and annually thereafter, the Advisory Committee shall elect a Chair from among its members.
8. As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2005, 2435; A 2009, 662; 2017, 2409)
NRS 232.483 Advisory Committee: Salary; expenses; members holding public office or employed by governmental entity.
1. To the extent that money is available for that purpose, each member of the Advisory Committee who is not an officer or employee of the State of Nevada is entitled to receive a salary of not more than $80 per day, as fixed by the Manager in consultation with the Advisory Committee, for each day or portion of a day spent on the business of the Advisory Committee. Each member of the Advisory Committee who is an officer or employee of the State of Nevada serves without additional compensation. To the extent that money is available for that purpose, each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally. A claim for a payment pursuant to this section must be made on a voucher approved by the Manager and paid as other claims against the State are paid.
2. Each member of the Advisory Committee who is an officer or employee of the State of Nevada or a local government must be relieved from his or her duties without loss of regular compensation so that he or she may prepare for and attend meetings of the Advisory Committee and perform any work necessary to carry out the duties of the Advisory Committee in the most timely manner practicable. A state agency or local governmental entity may not require an employee who is a member of the Advisory Committee to make up time or take annual vacation or compensatory time for the time that he or she is absent from work to carry out his or her duties as a member of the Advisory Committee.
(Added to NRS by 2005, 2436; A 2011, 977)
NRS 232.484 Advisory Committee: Duties. The Advisory Committee shall:
1. Advise the Manager on all matters concerning the manner in which the purposes of the Office are being carried out;
2. Review the manner in which the Office uses any gifts, grants, donations or appropriations to carry out the purposes of the Office and make recommendations; and
3. Review any reports to be submitted by the Manager, including, without limitation, the report required pursuant to NRS 232.479, and make recommendations.
(Added to NRS by 2005, 2436)
Palliative Care and Quality of Life
NRS 232.485 Definitions. As used in NRS 232.485 to 232.4858, inclusive, unless the context otherwise requires, the words and terms defined in NRS 232.4851 to 232.4854, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2017, 1729)
NRS 232.4851 “Council” defined. “Council” means the State of Nevada Advisory Council on Palliative Care and Quality of Life created by NRS 232.4855.
(Added to NRS by 2017, 1730)
NRS 232.4852 “Palliative care” defined. “Palliative care” means a multidisciplinary and patient- and family-centered approach to specialized medical care for a person with a serious illness, which approach focuses on the care of a patient throughout the continuum of an illness and involves addressing the physical, emotional, social and spiritual needs of the patient, as well as facilitating patient autonomy, access to information and choice of care. The term includes, without limitation, discussion of the goals of the patient for treatment and discussion of treatment options appropriate to the patient, including, where appropriate, hospice care and comprehensive management of pain and symptoms.
(Added to NRS by 2017, 1730)
NRS 232.4853 “Program” defined. “Program” means the Palliative Care and Quality of Life Consumer and Professional Information and Education Program established by NRS 232.4858.
(Added to NRS by 2017, 1730)
NRS 232.4854 “Serious illness” defined. “Serious illness” means a medical illness, physical injury or condition that substantially affects the quality of life of a person for more than a short period of time. A serious illness includes, without limitation, Alzheimer’s disease and related dementias, cancer, lung disease, heart, renal or liver failure and similar conditions or diseases.
(Added to NRS by 2017, 1730)
NRS 232.4855 State of Nevada Advisory Council on Palliative Care and Quality of Life: Creation; appointment and terms of members; officers; meetings; allowances and expenses of members.
1. The State of Nevada Advisory Council on Palliative Care and Quality of Life is hereby created within the Department.
2. The Director shall appoint such number of members of the Council as he or she determines is appropriate to carry out the provisions of NRS 232.485 to 232.4858, inclusive, but not less than nine members as follows:
(a) Two members with experience in the provision of interdisciplinary palliative care, including, without limitation, hospital, medical, nursing, social work, pharmacy, financial and spiritual services;
(b) One member with a background in patient and family caregiver advocacy;
(c) One member who is a health care professional with clinical experience in palliative care;
(d) One member who is a health care professional with expertise in delivery models for palliative care in a variety of inpatient, outpatient and community settings and with diverse populations;
(e) Two members who are employees of the Department or any other state agency, board or commission who have relevant work experience related to palliative care and issues concerning quality of life; and
(f) Two members who are board certified hospice and palliative care physicians or nurses.
3. After the initial terms, the term of each member of the Council is 3 years, and members shall serve at the pleasure of the Director.
4. The Council shall select from its members a Chair and a Vice Chair who shall hold office for 1 year and whose duties will be established by the Council.
5. The Council shall meet at least twice annually at a time and place specified by a call of the Director.
6. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally to the extent that funds for such expenses are available within the budget of the Department.
(Added to NRS by 2017, 1730)
NRS 232.4856 State of Nevada Advisory Council on Palliative Care and Quality of Life: Duties. The Council shall:
1. Consult with and advise the Department on matters related to the establishment, maintenance, operation and outcomes of palliative care programs and initiatives in this State; and
2. Advise and assist in the creation and carrying out of the Program established by NRS 232.4858.
(Added to NRS by 2017, 1731)
NRS 232.4857 State of Nevada Advisory Council on Palliative Care and Quality of Life: Gifts, grants, appropriations and donations. The Council may apply for any available grants and accept any available gifts, grants, appropriations or donations, and use any such gifts, grants, appropriations or donations to carry out the provisions of NRS 232.485 to 232.4858, inclusive.
(Added to NRS by 2017, 1731)
NRS 232.4858 Palliative Care and Quality of Life Consumer and Professional Information and Education Program: Establishment; inclusion of information and resources on Internet website; initiatives.
1. The Palliative Care and Quality of Life Consumer and Professional Information and Education Program is hereby established within the Department to maximize the effectiveness of palliative care initiatives in this State by ensuring that comprehensive and accurate information and education about palliative care is available to health care providers, health care facilities and members of the public.
2. The Department shall, to the extent that money is available from gifts, grants, appropriations and donations for this purpose, include on an Internet website available to the public, with links to appropriate external Internet websites, information and resources concerning:
(a) The delivery of palliative care in the home and in primary, secondary and tertiary environments;
(b) Best practices for the delivery of palliative care; and
(c) Educational materials and referral information for palliative and hospice care.
3. The Department may develop and carry out such other initiatives regarding palliative care and education that the Department determines will further the purposes of the Program. The Director shall consult with the Council in developing and implementing such initiatives.
(Added to NRS by 2017, 1731)
Council on Food Security
NRS 232.496 Definitions. As used in NRS 232.496 to 232.4969, inclusive, unless the context otherwise requires, the words and terms defined in NRS 232.4961 to 232.4965, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2019, 688)
NRS 232.4961 “Council” defined. “Council” means the Council on Food Security created by NRS 232.4966.
(Added to NRS by 2019, 688)
NRS 232.4962 “Food donor” defined. “Food donor” means a person or entity, including, without limitation, a restaurant, grocery store or retail or wholesale business, that gives or otherwise provides food, directly or indirectly, to persons in need of food.
(Added to NRS by 2019, 688)
NRS 232.4963 “Food security” defined. “Food security” means the ability of a person to access enough food for an active and healthy life.
(Added to NRS by 2019, 688)
NRS 232.4964 “Plan” defined. “Plan” means the “2013 Food Security in Nevada: Nevada’s Plan for Action” issued by the Department of Health and Human Services.
(Added to NRS by 2019, 688)
NRS 232.4965 “Program” defined. “Program” means the Food for People, Not Landfills Program created by NRS 232.4969.
(Added to NRS by 2019, 688)
NRS 232.4966 Creation; composition; Chair; terms of members; vacancies; removal from office; compensation; administrative support; meetings; gifts, grants, donations and contributions.
1. The Council on Food Security is hereby created within the Department. The Council consists of:
(a) The Governor or his or her designee;
(b) The Director or his or her designee from within the Department;
(c) The Administrator of the Division of Welfare and Supportive Services of the Department or his or her designee from within the Division;
(d) The Regional Administrator for the Western Regional Office of the United States Department of Agriculture, Food and Nutrition Service or his or her designee from within the United States Department of Agriculture;
(e) The Executive Director of the Office of Economic Development or his or her designee from within the Office;
(f) The Administrator of the Division of Public and Behavioral Health of the Department or his or her designee from within the Division;
(g) The Superintendent of Public Instruction or his or her designee from within the Department of Education;
(h) The Director of the State Department of Agriculture or his or her designee from within the Department;
(i) The Administrator of the Aging and Disability Services Division of the Department or his or her designee from within the Division;
(j) Five members appointed by the Governor as follows:
(1) One member who is a representative of retailers of food;
(2) One member who is a representative of manufacturing that is not related to food;
(3) One member who is a representative of the gaming industry, hospitality industry or restaurant industry;
(4) One member who is a representative of farmers or ranchers engaged in food production; and
(5) One member who is a representative of persons engaged in the business of processing or distributing food;
(k) At least five members appointed by the Governor or the Director at the direction of the Governor from among the following persons:
(1) A person who is a representative of a food bank serving northern Nevada;
(2) A person who is a representative of a food bank serving southern Nevada;
(3) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in northern Nevada;
(4) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in southern Nevada;
(5) A person who is a representative of an organization that provides community-based services, including, without limitation, services that focus on the social determinants of health, in rural Nevada;
(6) A person who is a representative of the University of Nevada Cooperative Extension;
(7) A person who possesses knowledge, skill and experience in the provision of services to senior citizens and persons with disabilities;
(8) A person who is a representative of a local health authority; and
(9) A person who possesses knowledge, skill and experience in the provision of services to children and families; and
(l) Such other representatives of State Government as may be designated by the Governor.
2. The Governor or his or her designee shall serve as the Chair of the Council.
3. Each appointed member of the Council serves a term of 2 years. Each appointed member may be reappointed at the pleasure of the appointing authority, except that an appointed member may not serve for more than three consecutive terms or 6 consecutive years.
4. If a vacancy occurs in the appointed membership of the Council, the Council shall recommend a person to the appointing authority who appointed that member to fill the vacancy. The appointing authority shall appoint a replacement member after receiving and considering the recommendation of the Council. A member appointed to fill a vacancy shall serve as a member of the Council for the remainder of the original term of appointment and may be reappointed for two additional consecutive terms through the regular appointment process.
5. The appointing authority may remove a member for malfeasance in office or neglect of duty. Absences from three consecutive meetings constitutes good and sufficient cause for removal of a member.
6. Each member of the Council:
(a) Serves without compensation; and
(b) While engaged in the business of the Council, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
7. The Department of Health and Human Services shall provide administrative support to the Council.
8. The Council shall meet at least once each calendar quarter and may meet at such further times as deemed necessary by the Chair.
9. The Council may apply for and accept gifts, grants, donations and contributions from any source for the purpose of carrying out its duties pursuant to NRS 232.4968.
(Added to NRS by 2019, 689)
NRS 232.4967 Authority to appoint subcommittees.
1. The Chair of the Council on Food Security created by NRS 232.4966 may appoint subcommittees composed of members of the Council, former members of the Council and members of the public who have relevant experience or knowledge to consider specific problems or other matters that are related to and within the scope of the functions of the Council.
2. A subcommittee appointed pursuant to subsection 1 must not contain more than five members. To the extent practicable, the members of such a subcommittee must be representative of the various geographic areas and ethnic groups of this State.
(Added to NRS by 2019, 690)
NRS 232.4968 Duties. The Council on Food Security created by NRS 232.4966 shall:
1. Develop, coordinate and implement a food system that will:
(a) Partner with initiatives in economic development and social determinants of health;
(b) Increase access to improved food resource programs;
(c) Increase participation in federal nutrition programs by eligible households; and
(d) Increase capacity to produce, process, distribute and purchase food in an affordable and sustainable manner.
2. Research and develop recommendations on community gardens and urban farms, which must include, without limitation:
(a) Examinations of:
(1) Local and regional efforts to develop community gardens and urban farms;
(2) Regulatory and policy barriers to the development of community gardens and urban farms; and
(3) The potential effects of community gardens and urban farms on economic development in this State; and
(b) Recommendations to:
(1) Promote the use of community gardens and urban farms in this State;
(2) Strengthen local infrastructure for community gardens and urban farms; and
(3) Promote entrepreneurial efforts to develop community gardens and urban farms.
3. Hold public hearings to receive public comment and to discuss issues related to food security in this State.
4. Serve as a clearinghouse for the review and approval of any events or projects initiated in the name of the Plan.
5. Review and comment on any proposed federal, state or local legislation and regulation that would affect the food policy system of this State.
6. Advise and inform the Governor on the food policy of this State.
7. Review grant proposals and alternative funding sources as requested by the Director to provide recommendations for funding the Plan.
8. Develop new resources related to the Plan.
9. Advise, assist and make recommendations to the Director for the creation and administration of the Program.
10. On or before January 31 of each year submit an annual report to the Director and the Director of the Legislative Counsel Bureau concerning the accomplishments and recommendations of the Council concerning food security, including, without limitation, any recommendations concerning community gardens and urban farms.
(Added to NRS by 2019, 690; A 2021, 1987)
NRS 232.4969 Food for People, Not Landfills Program: Establishment; administration; official seal; regulations; annual report to Legislature.
1. The Food for People, Not Landfills Program is hereby established within the Department for the purposes of increasing food security by decreasing food waste, redirecting excess consumable food to a higher and better purpose and recognizing and assisting food donors who further those purposes.
2. The Director shall administer the Program. In administering the Program, the Director shall:
(a) Set forth goals and objectives for the ensuing 5 years to increase the amount of food diverted from landfills and utilize such food to increase food security;
(b) Establish the criteria for eligibility for a food donor to participate in the Program;
(c) Create an official seal for the Program;
(d) Allow a food donor who participates in the Program to display or otherwise use the official seal of the Program; and
(e) Take any other actions as the Director deems necessary to assist a food donor who participates in the Program to further the goals and objectives set forth pursuant to paragraph (a).
3. A person shall not use, copy or reproduce the official seal of the Program created pursuant to subsection 2 in any way not authorized by this section.
4. The Director may, based upon the recommendations of the Council pursuant to NRS 232.4968, adopt regulations to carry out the provisions of this section.
5. On or before January 31 of each year, the Director shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report concerning the accomplishments of the Program and the impact of the Program on food security in this State.
(Added to NRS by 2019, 691)
Nevada Interagency Advisory Council on Homelessness to Housing
NRS 232.498 “Council” defined. As used in NRS 232.498 to 232.4983, inclusive, unless the context otherwise requires, “Council” means the Nevada Interagency Advisory Council on Homelessness to Housing created by NRS 232.4981.
(Added to NRS by 2019, 2107)
NRS 232.4981 Creation; composition; Chair; terms of members.
1. The Nevada Interagency Advisory Council on Homelessness to Housing is hereby created. The Council consists of:
(a) The following ex officio members:
(1) The Chief of Staff to the Governor or his or her designee;
(2) The Director of the Department of Health and Human Services or his or her designee;
(3) The Director of the Department of Corrections or his or her designee;
(4) The Administrator of the Housing Division of the Department of Business and Industry or his or her designee;
(5) The Director of the Department of Veterans Services or his or her designee;
(6) The Sheriff of Clark County or his or her designee; and
(7) The Sheriff of Washoe County or his or her designee;
(b) One member who is a member of the Assembly, appointed by the Speaker of the Assembly;
(c) One member who is a Senator, appointed by the Senate Majority Leader;
(d) One member who is a district judge from the Second or Eighth Judicial District, appointed by the Nevada District Judges Association or its successor organization;
(e) One member who is a district judge or master from a judicial district other than the Second or Eighth Judicial District, appointed by the Nevada District Judges Association or its successor organization;
(f) One member who is the sheriff of a county other than Clark or Washoe, appointed by the Nevada Sheriffs’ and Chiefs’ Association or its successor organization; and
(g) One member who is not currently homeless but has experienced homelessness in the past, appointed by the Governor.
2. The Governor shall appoint the Chair of the Commission from among its members.
3. After the initial terms, each appointed member shall serve a term of 4 years. If a vacancy occurs during the term of an appointed member, the person or entity who is responsible for making the appointment pursuant to subsection 1 shall appoint a replacement qualified pursuant to that subsection to serve for the remainder of the unexpired term.
(Added to NRS by 2019, 2108)
NRS 232.4982 Meetings; quorum; compensation; members holding public office or employed by governmental entity; administrative support.
1. The Council shall meet at the call of the Chair at least four times each year. A majority of the members of the Council constitutes a quorum and is required to transact any business of the Council.
2. The members of the Council serve without compensation but are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
3. A member of the Council who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to:
(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Council; or
(b) Take annual leave or compensatory time for the absence.
4. The Department of Health and Human Services shall provide such administrative support to the Council as is necessary to carry out the duties of the Council.
(Added to NRS by 2019, 2108)
NRS 232.4983 Duties; requirement of state and local agencies to collaborate with Council.
1. The Council shall:
(a) Collaborate with state and local agencies on their responses to homelessness and promote cooperation among federal, state and local agencies to address homelessness.
(b) Develop a strategic plan for addressing homelessness in this State that includes, without limitation, recommendations for actions by state and local agencies and for legislation, and update that strategic plan at least once every 5 years.
(c) Establish a technical assistance committee to provide advice and information to assist the Council in developing the strategic plan described in paragraph (b). The technical assistance committee may include, without limitation, representatives of federal, state and local agencies, providers of services, religious organizations, persons involved in the sale or lease of housing and members of the public.
(d) Increase awareness of issues relating to homelessness among state and local agencies, organizations that provide services to persons who are homeless and the general public.
(e) On or before January 1 of each year, submit to the Governor a report concerning the activities of the Council during the immediately preceding year.
(f) On or before January 1 of each odd-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report concerning the activities of the Council during the immediately preceding 2 years.
2. The Council may:
(a) Collaborate with and request the assistance of providers of services or any person or entity with expertise in issues related to homelessness, including, without limitation, employees of federal, state and local agencies and advocacy groups for the homeless, to assist the Council in carrying out its duties; and
(b) Apply for any available grants and accept any gifts, grants or donations, to assist the Council in carrying out its duties.
3. All state and local agencies shall collaborate with the Council in carrying out the duties prescribed in this section and provide the Council with any information requested by the Council to such extent as is consistent with their other lawful duties.
(Added to NRS by 2019, 2109)
DEPARTMENT OF BUSINESS AND INDUSTRY
Generally
NRS 232.505 Definitions. As used in NRS 232.505 to 232.866, inclusive, unless the context requires otherwise:
1. “Department” means the Department of Business and Industry.
2. “Director” means the Director of the Department.
(Added to NRS by 1963, 661; A 1987, 395; 1993, 1484; 1995, 2246, 2708; 1997, 662; 2007, 1270; 2009, 1502; 2017, 2938; 2023, 3551)
NRS 232.510 Creation; composition.
1. The Department of Business and Industry is hereby created.
2. The Department consists of a Director and the following:
(a) Consumer Affairs Unit within the Office of the Director.
(b) Division of Financial Institutions.
(c) Housing Division.
(d) Real Estate Division.
(e) Division of Insurance.
(f) Division of Industrial Relations.
(g) Office of Labor Commissioner.
(h) Taxicab Authority.
(i) Office of the Nevada Attorney for Injured Workers.
(j) Nevada Transportation Authority.
(k) Division of Mortgage Lending.
(l) Office of Nevada Boards, Commissions and Councils Standards.
(m) Any other office, commission, board, agency or entity created or placed within the Department pursuant to a specific statute, the budget approved by the Legislature or an executive order, or an entity whose budget or activities have been placed within the control of the Department by a specific statute.
(Added to NRS by 1963, 661; A 1973, 1071, 1481; 1975, 394, 624; 1979, 1218; 1983, 1475, 1698; 1991, 1608; 1993, 1485; 1995, 32, 2246; 1997, 1970; 1999, 3617; 2001, 2904; 2003, 3575; 2007, 2051; 2009, 2696, 2733; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254, 3601; 2019, 2501, 3902; 2021, 2742; 2023, 3551)
NRS 232.515 Director: Appointment; classification; other employment prohibited; qualifications. The Director:
1. Is appointed by, is responsible to, and serves at the pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation. The Director may participate in any technical studies, statistical research, seminars or other educational activities, in the same manner as any chief of a division of the Department, to educate persons about the duties, programs and activities of the Department or to improve the administration and effectiveness of the Department, if such participation does not interfere with the performance of his or her duties as Director of the Department.
4. Must have had at least 5 years of responsible administrative experience in public or business administration or must possess broad management skills in areas related to the functions of agencies composing the Department.
5. Must be selected with special reference to his or her training, experience and aptitude for coordinating agencies dealing with commercial activities that are subject to the regulatory authority of the Department. The Director’s knowledge and abilities should include the following:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to subject matters under his or her administrative direction.
(b) The administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields.
(c) An ability to organize and present oral and written communication to the Governor, the Legislature and other pertinent officials or persons.
(d) An ability to oversee the carrying out of the statutory responsibilities of the Department and departmental policies, rules and regulations.
(Added to NRS by 1963, 661; A 1963, 1333; 1965, 702; 1967, 1491; 1971, 1427; 1981, 1275; 1985, 406; 1991, 978; 1993, 1485)
NRS 232.520 Director: Appointment and titles of chiefs and executive directors of entities of Department; powers and duties. The Director:
1. Shall appoint a chief or executive director, or both of them, of each of the divisions, offices, commissions, boards, agencies or other entities of the Department, unless the authority to appoint such a chief or executive director, or both of them, is expressly vested in another person, board or commission by a specific statute. In making the appointments, the Director may obtain lists of qualified persons from professional organizations, associations or other groups recognized by the Department, if any. The chief of the Consumer Affairs Unit is the Commissioner of Consumer Affairs, the chief of the Division of Financial Institutions is the Commissioner of Financial Institutions, the chief of the Housing Division is the Administrator of the Housing Division, the chief of the Real Estate Division is the Real Estate Administrator, the chief of the Division of Insurance is the Commissioner of Insurance, the chief of the Division of Industrial Relations is the Administrator of the Division of Industrial Relations, the chief of the Office of Labor Commissioner is the Labor Commissioner, the chief of the Taxicab Authority is the Taxicab Administrator, the chief of the Nevada Transportation Authority is the Chair of the Authority, the chief of the Division of Mortgage Lending is the Commissioner of Mortgage Lending, the chief of the Office of Nevada Boards, Commissions and Councils Standards is the Deputy Director of the Office appointed pursuant to NRS 232.8413 and the chief of any other entity of the Department has the title specified by the Director, unless a different title is specified by a specific statute.
2. Is responsible for the administration of all provisions of law relating to the jurisdiction, duties and functions of all divisions and other entities within the Department. The Director may, if he or she deems it necessary to carry out his or her administrative responsibilities, be considered as a member of the staff of any division or other entity of the Department for the purpose of budget administration or for carrying out any duty or exercising any power necessary to fulfill the responsibilities of the Director pursuant to this subsection. This subsection does not allow the Director to preempt any authority or jurisdiction granted by statute to any division or other entity within the Department or to act or take on a function that would contravene a rule of court or a statute.
3. May:
(a) Establish uniform policies for the Department, consistent with the policies and statutory responsibilities and duties of the divisions and other entities within the Department, relating to matters concerning budgeting, accounting, planning, program development, personnel, information services, dispute resolution, travel, workplace safety, the acceptance of gifts or donations, the management of records and any other subject for which a uniform departmental policy is necessary to ensure the efficient operation of the Department.
(b) Provide coordination among the divisions and other entities within the Department, in a manner which does not encroach upon their statutory powers and duties, as they adopt and enforce regulations, execute agreements, purchase goods, services or equipment, prepare legislative requests and lease or use office space.
(c) Define the responsibilities of any person designated to carry out the duties of the Director relating to financing, industrial development or business support services.
4. May, within the limits of the financial resources made available to the Director, promote, participate in the operation of, and create or cause to be created, any nonprofit corporation, pursuant to chapter 82 of NRS, which he or she determines is necessary or convenient for the exercise of the powers and duties of the Department. The purposes, powers and operation of the corporation must be consistent with the purposes, powers and duties of the Department.
5. For any bonds which the Director is otherwise authorized to issue, may issue bonds the interest on which is not exempt from federal income tax or excluded from gross revenue for the purposes of federal income tax.
6. May, except as otherwise provided by specific statute, adopt by regulation a schedule of fees and deposits to be charged in connection with the programs administered by the Director pursuant to chapters 348A and 349 of NRS. Except as otherwise provided by specific statute, the amount of any such fee or deposit must not exceed 2 percent of the principal amount of the financing.
7. May designate any person within the Department to perform any of the duties or responsibilities, or exercise any of the authority, of the Director on his or her behalf.
8. May negotiate and execute agreements with public or private entities which are necessary to the exercise of the powers and duties of the Director or the Department.
9. May establish a trust account in the State Treasury for depositing and accounting for money that is held in escrow or is on deposit with the Department for the payment of any direct expenses incurred by the Director in connection with any bond programs administered by the Director. The interest and income earned on money in the trust account, less any amount deducted to pay for applicable charges, must be credited to the trust account. Any balance remaining in the account at the end of a fiscal year may be:
(a) Carried forward to the next fiscal year for use in covering the expense for which it was originally received; or
(b) Returned to any person entitled thereto in accordance with agreements or regulations of the Director relating to those bond programs.
(Added to NRS by 1963, 1072; A 1969, 141; 1973, 1071, 1482; 1975, 394, 625; 1979, 128, 1218; 1981, 1620; 1983, 1475, 1698; 1987, 1349, 1873; 1989, 1389, 1998; 1991, 979, 1311, 1608, 1637, 2252; 1993, 614, 1485; 1995, 2246; 1997, 1971; 1999, 3617; 2001, 2904; 2003, 3575; 2009, 2697, 2733; 2011, 2652; 2013, 1054; 2015, 3653; 2017, 2254, 3601; 2019, 2501; 2021, 2742; 2023, 3552)
NRS 232.521 Director: Duty to provide website link by which employers may verify social security numbers of employees.
1. The Director shall include on the Internet website maintained by the Department a link which connects to the Social Security Administration where an employer may verify the social security number of an employee.
2. The link required pursuant to subsection 1 must be maintained in the area of the website that encourages and promotes the growth, development and legal operation of businesses within the State of Nevada.
(Added to NRS by 2007, 1270)
NRS 232.522 Director: Creation of Office of Business Finance and Planning; creation of Center for Business Advocacy and Services; communication and cooperation among entities within Department. The Director may:
1. Create within the Department, as part of the Office of the Director, an Office of Business Finance and Planning to:
(a) Administer and coordinate programs related to financing for the assistance of entities engaged in business and industry in this state;
(b) Provide information to the public concerning the regulatory programs, assistance programs, and other services and activities of the Department; and
(c) Interact with other public or private entities to coordinate and improve access to the Department’s programs related to the growth and retention of business and industry in this state.
2. Create within the Department, as part of the Office of Business Finance and Planning, a Center for Business Advocacy and Services:
(a) To assist small businesses in obtaining information about financing and other basic resources which are necessary for success;
(b) In cooperation with the Executive Director of the Office of Economic Development, to increase public awareness of the importance of developing manufacturing as an industry and to assist in identifying and encouraging public support of businesses and industries that manufacture goods in this state;
(c) To serve as an advocate for small businesses, subject to the supervision of the Director or the Director’s representative, both within and outside the Department;
(d) To assist the Office of Business Finance and Planning in establishing an information and referral service within the Department that is responsive to the inquiries of business and industry which are directed to the Department or any entity within the Department; and
(e) In cooperation with the Executive Director of the Office of Economic Development, to advise the Director and the Office of Business Finance and Planning in developing and improving programs of the Department to serve more effectively and support the growth, development and diversification of business and industry in this state.
3. Require divisions, offices, commissions, boards, agencies or other entities of the Department to work together to carry out their statutory duties, to resolve or address particular issues or projects or otherwise to increase the efficiency of the operation of the Department as a whole and the level of communication and cooperation among the various entities within the Department.
(Added to NRS by 1995, 2243; A 2011, 3448)
NRS 232.525 Director: Employment of staff.
1. The Director shall employ a Minority Affairs Management Analyst within the Office of the Director. The Minority Affairs Management Analyst shall:
(a) Collect data and perform statistical analysis to support the Nevada Commission on Minority Affairs created by NRS 232.852; and
(b) Perform such investigation, data collection and statistical analysis as is necessary to determine whether discrimination on the basis of race is occurring in state or local purchasing, public works or any other area.
2. The Director may employ, within the limits of legislative appropriations, such other staff as is necessary to the performance of the Director’s duties.
(Added to NRS by 1963, 662; A 1985, 407; 2017, 2938)
NRS 232.530 Chiefs of divisions: Classification; duties; restrictions on other employment. The chief of each of the divisions of the Department:
1. Is in the unclassified service of the State.
2. Shall administer the provisions of law relating to his or her division, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit, except for temporary and part-time teaching duties on a university campus.
(Added to NRS by 1963, 1073; A 1967, 1491; 1971, 1427; 1973, 1071; 1979, 129; 1981, 1275; 1985, 407; 1995, 2311)
NRS 232.535 Assistants of chiefs of divisions: Appointment; classification; restrictions on other employment.
1. The chiefs of the divisions of the Department may appoint assistants within the limits of the money available for each position and subject to the approval of the Director.
2. These assistants are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, each assistant shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
(Added to NRS by 1963, 662; A 1967, 1491; 1971, 1428; 1973, 1071; 1981, 1275; 1983, 1458; 1985, 407; 1991, 1609; 1993, 1486; 1995, 2311)
NRS 232.538 Housing Division: Principal office. The Housing Division of the Department shall maintain its principal office in Las Vegas, Nevada.
(Added to NRS by 1995, 2708)
NRS 232.540 Chief Financial Officer for Housing Division: Appointment, qualifications and classification.
1. The Chief of the Housing Division of the Department shall appoint, with the consent of the Director, a Chief Financial Officer for the Housing Division.
2. The Chief Financial Officer for the Housing Division must:
(a) Have:
(1) A license to practice as a certified public accountant issued by this state or another state of the United States; or
(2) At least 5 years of responsible experience in investment banking, general accounting, public finance or a related field; and
(b) Have a comprehensive knowledge of the principles and practices of public finance.
3. The Chief Financial Officer for the Housing Division is:
(a) In the unclassified service of the State.
(b) Directly responsible to the Chief of the Housing Division.
(Added to NRS by 1987, 395; A 2015, 34)
NRS 232.545 Investigative Account for Financial Institutions.
1. An Investigative Account for Financial Institutions is hereby created in the State General Fund. The Account consists of money which is:
(a) Received by the Department of Business and Industry in connection with the licensing of financial institutions and the investigation of persons associated with those institutions; and
(b) Required by law to be placed therein.
2. The Director of the Department of Business and Industry or the Director’s designee may authorize expenditures from the Investigative Account to pay the expenses incurred:
(a) In investigating applications for licensing of financial institutions and in investigating persons associated with those institutions;
(b) In conducting special investigations relating to financial institutions and persons associated with those institutions; and
(c) In connection with mergers, consolidations, conversions, receiverships and liquidations of financial institutions.
3. As used in this section, “financial institution” means an institution for which licensing or registration is required by the provisions of title 55 and chapters 604A and 649 of NRS.
(Added to NRS by 1983, 1315; A 1991, 1757; 1993, 1487; 1999, 3808; 2001, 2047; 2003, 3577; 2005, 1710)
NRS 232.546 Account for Special Projects to Assist in the Development of Services for Business and Industry.
1. An Account for Special Projects to Assist in the Development of Services for Business and Industry is hereby created in the State General Fund. The Account must be administered by the Director. The Director may apply for and accept any gift, donation, bequest, grant or other source of money for deposit in the Account. The money in the Account may be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.
2. Except as otherwise provided in subsection 1, the money in the Account may be used only in carrying out the duties of the Director as they relate to developing and administering special projects to provide services for business and industry in this state.
(Added to NRS by 1995, 2243)
NRS 232.547 Authority to conduct business electronically; regulations; fees; use of unsworn declaration; exclusions.
1. A division, office, authority, commission, board or other entity set forth in NRS 232.510 may adopt regulations to establish procedures to conduct business electronically with persons who have business with that division, office, authority, commission, board or other entity. The regulations may include, without limitation, the establishment of fees to cover the costs to the division, office, authority, commission, board or other entity of conducting business electronically.
2. Notwithstanding any other provision, if a division, office, authority, commission, board or other entity adopts regulations to conduct business electronically pursuant to subsection 1, the division, office, authority, commission, board or other entity may provide that a declaration made pursuant to NRS 53.045 or 53.250 to 53.390, inclusive, may satisfy the requirement that a signature or statement be notarized, acknowledged, verified or made under oath.
3. The division, office, authority, commission, board or other entity may refuse to conduct business electronically with a person who has failed to pay money owed to the division, office, authority, commission, board or other entity.
(Added to NRS by 2003, 3575; A 2011, 17)
NRS 232.548 Use of alternative means of dispute resolution.
1. Except if a particular procedure for resolving a dispute is required by a specific statute, and except as otherwise provided in subsection 2, the Director may authorize any entity within the Department or any natural person who is subject to the authority of the Director to use alternative means of dispute resolution in any proceeding if the alternative means can be:
(a) Carried out by the available personnel of the Department or persons under contract with the Department; and
(b) Paid for with money that is available in the existing budget of the affected entity of the Department.
2. Before authorizing an entity of the Department to use alternative means of dispute resolution, the Director must notify the Attorney General. The Attorney General, within 30 days after receiving the notification from the Director, shall respond to the Director concerning the advisability of using alternative means of dispute resolution to resolve the dispute at issue. The Director shall consider the advice of the Attorney General but may authorize an entity of the Department to use alternative means of dispute resolution unless the Attorney General indicates in his or her response that he or she officially opposes the use of such means. If the Attorney General fails to respond within 30 days after receiving the notification, the Director may authorize the use of alternative means of dispute resolution.
3. The alternative means of dispute resolution may include, without limitation, evaluation of the facts and issues in a dispute by a neutral person, fact-finding, mediation, arbitration or other collaborative problem-solving processes designed to encourage persons to work together to develop agreeable solutions to disputes in lieu of litigation or adjudication of contested cases in administrative hearings.
4. Any entity which, or natural person who, has received authorization from the Director to use alternative means of dispute resolution may enter into a contract to facilitate the use of such means, subject to the approval of the Attorney General, the limitations set forth in subsection 1 and the provisions of NRS 333.700.
(Added to NRS by 1995, 2244; A 2009, 2232)
Division of Industrial Relations
NRS 232.550 Definitions. As used in NRS 232.550 to 232.700, inclusive, unless the context otherwise requires:
1. “Administrator” means the Administrator of the Division.
2. “Director” means the Director of the Department of Business and Industry.
3. “Division” means the Division of Industrial Relations of the Department of Business and Industry.
4. “Insurer” includes:
(a) A self-insured employer;
(b) An association of self-insured public employers;
(c) An association of self-insured private employers; and
(d) A private carrier.
(Added to NRS by 1981, 1517; A 1993, 774, 775, 1488; 1995, 531, 2040; 1999, 1809; 2015, 233)
NRS 232.570 Advisory Council: Creation; composition; vacancies.
1. There is hereby created in the Division an Advisory Council composed of seven members appointed by the Governor.
2. The Advisory Council must be composed of:
(a) Three representatives of labor, at least two of whom must represent organized labor;
(b) Three representatives of management, at least two of whom must represent employers who employ at least 250 persons; and
(c) One representative of the general public who is knowledgeable in the field of industrial relations.
3. Any member who is appointed to fill a vacancy must be appointed in the same manner and possess the same general qualifications as his or her predecessor in office.
(Added to NRS by 1981, 1517; A 1985, 1552; 1993, 1488)
NRS 232.580 Advisory Council: Meetings; officers; bylaws; quorum.
1. The Council shall meet at least once annually at a time and place specified by a call of the Chair, the Administrator or a majority of the Council. Special meetings, not to exceed six per year, may be held at the call of the Chair, the Administrator or a majority of the Council.
2. The Council shall select from its members a Chair and a Vice Chair who shall hold office for 1 year. The Administrator shall act as Secretary of the Council.
3. The Council may prescribe such bylaws as it deems necessary for its operation.
4. Four members of the Council constitute a quorum, and a quorum may exercise all the power and authority conferred on the Council.
(Added to NRS by 1981, 1518; A 1993, 1489; 2007, 216)
NRS 232.590 Advisory Council: Salary of members. Each member of the Council is entitled to receive a salary of $60 for each day’s attendance at a meeting of the Council.
(Added to NRS by 1981, 1518; A 1985, 410)
NRS 232.600 Advisory Council: Powers and duties.
1. The Council shall act in an advisory capacity to the Administrator and may, on its own initiative or at the request of the Administrator, conduct studies or investigations concerning the organization and administration of the Division and make recommendations to the Administrator based on the results of such studies or investigations.
2. The Council shall review on a quarterly basis the records of oral complaints compiled by the Division pursuant to NRS 618.336. Upon completing its review, the Council shall submit any comments or recommendations regarding the complaints or the records to the Administrator.
(Added to NRS by 1981, 1518; A 1989, 472; 1991, 2435; 1993, 1489; 2015, 234)
NRS 232.605 Advisory Council: Annual report from Administrator on delinquent debts owed to Division; designation and removal of bad debts from books of account of State; master file.
1. On or before January 15 of each year, the Administrator shall prepare and furnish to the Council a report that shows all debts owed to the Division that became or remained delinquent during the preceding year. The Administrator shall include in the report the amount of any delinquent debt that the Division determines is impossible or impractical to collect.
2. For any amount of debt the Division determines is impossible or impractical to collect, the Council shall request the State Board of Examiners to designate such amount as a bad debt. The State Board of Examiners, by an affirmative vote of the majority of the members of the Board, may designate the debt as bad debt if the Board is satisfied that the collection of the debt is impossible or impractical. If the amount of the debt is not more than $50, the State Board of Examiners may delegate to its Clerk the authority to designate the debt as a bad debt. The Council may appeal to the State Board of Examiners a denial by the Clerk of a request to designate a debt as a bad debt.
3. Upon the designation of a debt as a bad debt pursuant to this section, the State Board of Examiners or its Clerk shall immediately notify the State Controller thereof. Upon receiving the notification, the State Controller shall direct the removal of the bad debt from the books of account of the State of Nevada. A bad debt that is removed pursuant to this section remains a legal and binding obligation owed by the debtor to the State of Nevada.
4. The State Controller shall keep a master file of all debts that are designated as bad debts pursuant to this section. For each such debt, the State Controller shall record the name of the debtor, the amount of the debt, the date on which the debt was incurred and the date on which it was removed from the records and books of account of the State of Nevada, and any other information concerning the debt that the State Controller determines is necessary.
(Added to NRS by 2015, 233)
NRS 232.610 Administrator: Appointment; classification; restrictions on other employment; qualifications; prohibited interests and positions. The Administrator:
1. Is appointed by, is responsible to and serves at the pleasure of the Director.
2. Is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, shall not engage in any other gainful employment or occupation.
4. Must have responsible administrative experience in public or business administration or possess broad management skills in areas related to the functions of the Division.
5. Must have the demonstrated ability to administer a major public agency in the field of industrial relations. The Administrator’s knowledge and abilities must include:
(a) A comprehensive knowledge of administrative principles and a working knowledge of broad principles relating to the subject matters under his or her administrative direction;
(b) An administrative ability to assess the adequacy of agency operations and the protection of the public interest as related to the subject fields; and
(c) An ability to organize and present oral and written communication to the Governor, the Legislature and other pertinent officials or other persons.
6. Must possess a background which indicates that he or she can impartially serve the interests of both employees and employers.
7. Must not, at the time of appointment or at any time during his or her term of office:
(a) Be an officer, director or employee, or have any personal or private interest in any operating mine, mill, smelter or ore reduction plant or the products thereof;
(b) Hold, directly or indirectly, any financial interest in any company, partnership, organization or corporation or subsidiary of a corporation, which owns, operates or has a financial interest in any mines which are subject to the provisions of chapter 512 of NRS; or
(c) Be an officer or employee of any labor organization.
(Added to NRS by 1981, 1518; A 1983, 1458; 1985, 410; 1993, 1489; 1995, 2311)
NRS 232.620 Administrator: Responsibilities; other powers and duties. The Administrator:
1. Is responsible for the administration of the provisions of chapters 512 and 616A to 618, inclusive, of NRS, and all other provisions of law relating to the functions of the Division.
2. Has such other powers and duties as are provided by law.
(Added to NRS by 1981, 1518; A 1985, 255; 1991, 2435; 1993, 1490)
NRS 232.630 Assistant administrators: Appointment; assignment of duties; classification; restrictions on other employment.
1. The Administrator may appoint such assistant administrators of the Division as necessary for the administration of the Division and assign the duties of the assistant administrators.
2. An assistant administrator is in the unclassified service of the State.
3. Except as otherwise provided in NRS 284.143, an assistant administrator shall devote his or her entire time and attention to the business of his or her office and shall not engage in any other gainful employment or occupation.
(Added to NRS by 1981, 1519; A 1983, 1459; 1985, 411; 1993, 1490; 1995, 2312)
NRS 232.650 Employment of staff. The Administrator may employ such staff as is necessary for the performance of the Administrator’s duties.
(Added to NRS by 1981, 1519; A 1985, 411, 866; 1993, 1490)
NRS 232.660 Legal counsel for Division: Appointment; contract services; qualifications; powers.
1. The Administrator may:
(a) Appoint one or more legal counsel to provide services for the Division. If appointed, they are in the unclassified service of the State.
(b) Provide for contract services to be rendered by such other legal counsel as are needed for assistance in administering the laws relating to labor and industrial relations.
2. Each of the legal counsel must be an attorney admitted to practice law in Nevada.
3. In the prosecution of all claims and actions referred to him or her, a legal counsel has the same power as that vested in the district attorneys of the several counties to:
(a) Enforce the laws relating to labor and industrial relations; and
(b) Prosecute for criminal violations of such laws.
(Added to NRS by 1981, 1520; A 1983, 1460; 1985, 411; 1991, 2436; 1993, 1491; 1999, 1857)
NRS 232.670 Administrator: Establishment of goals, objectives and priorities; coordination of divisional programs with other governmental entities; sharing of information by Division; regulations. The Administrator shall:
1. Establish divisional goals, objectives and priorities.
2. Prepare the Division’s budget, legislative proposals, contracts, agreements and applications for federal assistance.
3. Coordinate divisional programs with other departments and other levels of government.
4. From time to time adopt such regulations as the Administrator deems necessary for the administration of the Division.
5. Except as otherwise provided by a specific statute, direct the Division to share information in its records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law.
(Added to NRS by 1981, 1519; A 1993, 1491; 1995, 1576)
NRS 232.680 Payment of costs: Assessments; regulations; federal grants.
1. The cost of carrying out the provisions of NRS 232.550 to 232.700, inclusive, and of supporting the Division, a full-time employee of the Legislative Counsel Bureau and the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420, and that portion of the cost of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation, must be paid from assessments payable by each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265.
2. The Administrator shall assess each insurer, including each employer who provides accident benefits for injured employees pursuant to NRS 616C.265. To establish the amount of the assessment, the Administrator shall determine the amount of money necessary for each of the expenses set forth in subsections 1 and 4 of this section and subsection 3 of NRS 616A.425 and determine the amount that is payable by the private carriers, the self-insured employers, the associations of self-insured public or private employers and the employers who provide accident benefits pursuant to NRS 616C.265 for each of the programs. For the expenses from which more than one group of insurers receives benefit, the Administrator shall allocate a portion of the amount necessary for that expense to be payable by each of the relevant group of insurers, based upon the expected annual expenditures for claims of each group of insurers. After allocating the amounts payable among each group of insurers for all the expenses from which each group receives benefit, the Administrator shall apply an assessment rate to the:
(a) Private carriers that reflects the relative hazard of the employments covered by the private carriers, results in an equitable distribution of costs among the private carriers and is based upon expected annual premiums to be received;
(b) Self-insured employers that results in an equitable distribution of costs among the self-insured employers and is based upon expected annual expenditures for claims;
(c) Associations of self-insured public or private employers that results in an equitable distribution of costs among the associations of self-insured public or private employers and is based upon expected annual expenditures for claims; and
(d) Employers who provide accident benefits pursuant to NRS 616C.265 that reflect the relative hazard of the employments covered by those employers, results in an equitable distribution of costs among the employers and is based upon expected annual expenditures for claims.
Ê The Administrator shall adopt regulations that establish the formula for the assessment and for the administration of payment, and any penalties that the Administrator determines are necessary to carry out the provisions of this subsection. The formula may use actual expenditures for claims. As used in this subsection, the term “group of insurers” includes the group of employers who provide accident benefits for injured employees pursuant to NRS 616C.265.
3. Federal grants may partially defray the costs of the Division.
4. Assessments made against insurers by the Division after the adoption of regulations must be used to defray all costs and expenses of administering the program of workers’ compensation, including the payment of:
(a) All salaries and other expenses in administering the Division, including the costs of the office and staff of the Administrator.
(b) All salaries and other expenses of administering NRS 616A.435 to 616A.460, inclusive, the offices of the Hearings Division of the Department of Administration and the programs of self-insurance and review of premium rates by the Commissioner of Insurance.
(c) The salary and other expenses of a full-time employee of the Legislative Counsel Bureau whose principal duties are limited to conducting research and reviewing and evaluating data related to industrial insurance.
(d) All salaries and other expenses of the Fraud Control Unit for Industrial Insurance established pursuant to NRS 228.420.
(e) Claims against uninsured employers arising from compliance with NRS 616C.220 and 617.401.
(f) That portion of the salaries and other expenses of the Office for Consumer Health Assistance established pursuant to NRS 232.458 that is related to providing assistance to consumers and injured employees concerning workers’ compensation.
(g) For claimants and dependents of claimants who are entitled to receive compensation for a permanent total disability caused by an industrial injury or a disablement that occurred before January 1, 2004, reimbursement to insurers for the cost of the annual increase in the compensation pursuant to subsection 2 of NRS 616C.473.
(h) For widows, widowers, surviving children and surviving dependent parents who are entitled to death benefits on account of an industrial injury or a disablement from an occupational disease pursuant to NRS 616C.508 that occurred before July 1, 2019:
(1) Reimbursement to insurers for the cost of the increase in the death benefits pursuant to subsection 1 of NRS 616C.508; and
(2) The salary and other expenses of administering the payment of the increase in death benefits pursuant to subsection 1 of NRS 616C.508.
Ê The provisions of this paragraph shall cease to be of any force or effect when no widow, widower, surviving child or surviving dependent parent is entitled to receive death benefits on account of an industrial injury or a disablement from an occupational disease that occurred before July 1, 2019.
(Added to NRS by 1981, 1520; A 1985, 866; 1991, 2436; 1993, 775, 1491; 1995, 579, 2040, 2164; 1997, 579; 1999, 1810; 2001, 962, 2458; 2003, 175, 2806; 2019, 1470, 3439)
NRS 232.690 Cooperative agreements. The Administrator may enter into cooperative agreements with any federal or state agency or political subdivision of the State, or any public or private institution located in or outside this State, or any person, corporation or association, in connection with studies and investigations pertaining to any activities of the Division.
(Added to NRS by 1981, 1519; A 1993, 1492)
NRS 232.700 Cooperation of insurers and other divisions and agencies. The insurers and any state agency or division having functions dealing with chapter 512, 616A, 616B, 616C, 616D, 617 or 618 of NRS shall cooperate with the Administrator in the performance of the Administrator’s duties and shall provide the Administrator with any information, statistics or data in their records as the Administrator requires.
(Added to NRS by 1981, 1520; A 1985, 255; 1991, 1609; 1993, 1492)
Division of Insurance
NRS 232.805 Definitions. As used in NRS 232.805 to 232.840, inclusive, unless the context otherwise requires:
1. “Commissioner” means the Commissioner of Insurance.
2. “Division” means the Division of Insurance of the Department of Business and Industry.
(Added to NRS by 1991, 1607; A 1993, 1492)
NRS 232.820 Commissioner of Insurance: Appointment; classification. The Commissioner of Insurance is the head of the Division and:
1. Is appointed by and responsible to, and serves at the pleasure of, the Director of the Department of Business and Industry.
2. Is in the unclassified service of the State.
(Added to NRS by 1991, 1607; A 1993, 1492)
NRS 232.825 Powers and duties of Commissioner of Insurance; appointment, classification and restrictions on other employment of deputies. The Commissioner:
1. May appoint three deputies. The deputies are in the unclassified service of the State. Except as otherwise provided in NRS 284.143, each deputy shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
2. Is responsible for the administration of the provisions of title 57 of NRS, and all other provisions of law relating to the functions of the Division.
3. May employ such staff as is necessary for the performance of the Commissioner’s duties.
4. Has such other powers and duties as are provided by law.
(Added to NRS by 1991, 1607; A 1993, 1492; 1995, 2312; 2007, 3340)
NRS 232.840 State agencies required to cooperate and provide information. Each state agency or division having functions relating to title 57 of NRS shall cooperate with the Commissioner in the performance of the Commissioner’s duties and shall provide the Commissioner with any information, statistics or data in its records that the Commissioner requires.
(Added to NRS by 1991, 1608)
Office of Nevada Boards, Commissions and Councils Standards
NRS 232.8413 Creation; Deputy Director; staff; regulations and procedures.
1. The Office of Nevada Boards, Commissions and Councils Standards is hereby created within the Department of Business and Industry.
2. The Director shall appoint a Deputy Director of the Office and shall retain the required staff and adopt the necessary regulations and procedures to effectively administer the responsibilities of the Office.
(Added to NRS by 2023, 3548)
NRS 232.8415 Duties relating to regulation of occupations and professions; professional and occupational licensing boards within purview of Office.
1. The Office of Nevada Boards, Commissions and Councils Standards shall be responsible for:
(a) Centralized administration;
(b) A uniform set of standards for investigations, licensing and discipline, including, without limitation, separating the roles and responsibilities for occupational licensure from the roles and responsibilities for occupational discipline;
(c) A uniform set of standards for internal controls;
(d) A uniform set of standards for legal representation;
(e) A consistent set of structural standards for boards and commissions;
(f) Transparency and consumer protection; and
(g) Efficacy and efficiency.
2. To the extent permitted by the Nevada Constitution and federal law, all professional and occupational licensing boards created by the Legislature shall be under the purview of the Office, including, without limitation:
(a) The Nevada State Board of Accountancy created by NRS 628.035.
(b) The Board of Examiners for Alcohol, Drug and Gambling Counselors created by NRS 641C.150.
(c) The State Board of Architecture, Interior Design and Residential Design created by NRS 623.050.
(d) The Board of Athletic Trainers created by NRS 640B.170.
(e) The State Barbers’ Health and Sanitation Board created by NRS 643.020.
(f) The Board of Applied Behavior Analysis created by NRS 641D.200.
(g) The Chiropractic Physicians’ Board of Nevada created by NRS 634.020.
(h) The State Contractors’ Board created by NRS 624.040.
(i) The Commission on Construction Education created by NRS 624.570.
(j) The State Board of Cosmetology created by NRS 644A.200.
(k) The Certified Court Reporters’ Board of Nevada created by NRS 656.040.
(l) The Board of Dental Examiners of Nevada created by NRS 631.120.
(m) The Committee on Dental Hygiene and Dental Therapy created by NRS 631.205.
(n) The State Board of Professional Engineers and Land Surveyors created by NRS 625.100.
(o) The Nevada Funeral and Cemetery Services Board created by NRS 642.020.
(p) The Nevada Board of Homeopathic Medical Examiners created pursuant to NRS 630A.100.
(q) The State Board of Landscape Architecture created by NRS 623A.080.
(r) The Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors created by NRS 641A.090.
(s) The Board of Massage Therapy created by NRS 640C.150.
(t) The Board of Medical Examiners created pursuant to NRS 630.050.
(u) The State Board of Nursing created by NRS 632.020.
(v) The Advisory Committee on Nursing Assistants and Medication Aides created by NRS 632.072.
(w) The Board of Occupational Therapy created by NRS 640A.080.
(x) The Board of Dispensing Opticians created by NRS 637.030.
(y) The Nevada State Board of Optometry created by NRS 636.030.
(z) The State Board of Oriental Medicine created by NRS 634A.030.
(aa) The State Board of Osteopathic Medicine created pursuant to NRS 633.181.
(bb) The Commission on Postsecondary Education created by NRS 394.383.
(cc) The State Board of Pharmacy created by NRS 639.020.
(dd) The Nevada Physical Therapy Board created by NRS 640.030.
(ee) The State Board of Podiatry created by NRS 635.020.
(ff) The Private Investigator’s Licensing Board created by NRS 648.020.
(gg) The Board of Psychological Examiners created by NRS 641.030.
(hh) The Board of Environmental Health Specialists created by NRS 625A.030.
(ii) The Board of Examiners for Social Workers created pursuant to NRS 641B.100.
(jj) The Speech-Language Pathology, Audiology and Hearing Aid Dispensing Board created by NRS 637B.100.
(kk) The Nevada State Board of Veterinary Medical Examiners created by NRS 638.020.
(Added to NRS by 2023, 3548)
Office of Ombudsman of Consumer Affairs for Minorities
NRS 232.845 Creation; duties of Ombudsman; appointment and classification of Ombudsman.
1. The Office of Ombudsman of Consumer Affairs for Minorities is hereby created within the Office of the Director. The Ombudsman shall:
(a) Provide for continued educational, outreach and service programs for minority groups pertaining to consumer fraud; and
(b) Assist the Nevada Commission on Minority Affairs created by NRS 232.852.
2. The Director shall appoint the Ombudsman of Consumer Affairs for Minorities.
3. The Ombudsman of Consumer Affairs for Minorities is:
(a) In the unclassified service of the State.
(b) Directly responsible to the Director.
(Added to NRS by 2009, 1502)
Nevada Commission on Minority Affairs
NRS 232.850 “Commission” defined. As used in NRS 232.850 to 232.866, inclusive, unless the context otherwise requires, “Commission” means the Nevada Commission on Minority Affairs created by NRS 232.852.
(Added to NRS by 2003, 20th Special Session, 266; A 2007, 1662)—(Substituted in revision for NRS 233J.010)
NRS 232.852 Creation; membership; officers.
1. The Nevada Commission on Minority Affairs, consisting of nine members appointed by the Legislative Commission, is hereby created. Appointments to the Commission must be made from a list of persons recommended to the Legislative Commission by organizations and other entities which represent or promote the interests of minority groups in this State.
2. The members appointed to the Commission must represent a variety of minority groups that reflects the general population of this State.
3. The members of the Commission shall elect a Chair and a Vice Chair from among their number.
4. The term of Office of the Chair and the Vice Chair is 2 years.
5. Not more than four members of the Commission may be from the same minority group.
(Added to NRS by 2003, 20th Special Session, 266; A 2007, 1662)—(Substituted in revision for NRS 233J.020)
NRS 232.854 Members: Terms of office; reappointment; vacancies. Except for the initial members, the term of office of each member of the Commission is 2 years and commences on July 1 of the year of appointment. The members shall continue in office until their successors are appointed. Members are eligible for reappointment, except that no member may serve for any part of more than two consecutive terms. Vacancies must be filled by appointment for the unexpired terms by the Legislative Commission.
(Added to NRS by 2003, 20th Special Session, 266; A 2007, 1662)—(Substituted in revision for NRS 233J.030)
NRS 232.856 Members: Reimbursement for certain expenses. Members of the Commission receive no compensation for their services, but are entitled to be reimbursed for all travel and other expenses actually and necessarily incurred by them in the performance of their duties, within the limits of money available to the Commission.
(Added to NRS by 2003, 20th Special Session, 266; A 2007, 1662)—(Substituted in revision for NRS 233J.040)
NRS 232.858 Meetings; quorum; annual report.
1. The Commission shall meet at the call of the Chair as frequently as required to perform its duties, but no less than quarterly.
2. A majority of the members of the Commission constitutes a quorum for the transaction of business, and a majority of those present at any meeting is sufficient for any official action taken by the Commission.
3. The Commission shall, on or before January 31 of each year, submit a report to the Governor summarizing the activities, needs and recommendations of the Commission.
(Added to NRS by 2003, 20th Special Session, 266; A 2007, 1662)—(Substituted in revision for NRS 233J.050)
NRS 232.860 Duties. The Commission shall, within the limits of available money:
1. Study matters affecting the social and economic welfare and well-being of minorities residing in the State of Nevada;
2. Collect and disseminate information on activities, programs and essential services available to minorities in the State of Nevada;
3. Study the:
(a) Availability of employment for minorities in this State, and the manner in which minorities are employed;
(b) Manner in which minorities can be encouraged to start and manage their own businesses successfully; and
(c) Availability of affordable housing, as defined in NRS 278.0105, for minorities;
4. In cooperation with the Nevada Equal Rights Commission, act as a liaison to inform persons regarding:
(a) The laws of this State that prohibit discriminatory practices; and
(b) The procedures pursuant to which aggrieved persons may file complaints or otherwise take action to remedy such discriminatory practices;
5. To the extent practicable, strive to create networks within the business community between businesses that are owned by minorities and businesses that are not owned by minorities;
6. Analyze the information provided in the employment plans and reports for a redevelopment project submitted pursuant to NRS 279.6093, 279.6097 and 279.60993;
7. Advise the Governor on matters relating to minorities and of concern to minorities; and
8. Recommend proposed legislation to the Governor.
(Added to NRS by 2003, 20th Special Session, 267; A 2007, 1662; 2019, 1415; 2021, 2164)
NRS 232.862 Appointment of committees. The Chair of the Commission may, with the approval of the Commission, appoint committees from its members to assist in carrying out any of the functions or duties of the Commission.
(Added to NRS by 2003, 20th Special Session, 267; A 2007, 1662)—(Substituted in revision for NRS 233J.070)
NRS 232.864 Staff assistance; volunteer workers and consultants.
1. The Director shall provide staff assistance to the Commission as the Governor deems appropriate.
2. The Commission may engage the services of volunteer workers and consultants without compensation as is necessary from time to time.
(Added to NRS by 2003, 20th Special Session, 267; A 2007, 1662; 2021, 267)
NRS 232.866 Gifts, grants and contributions. The Commission may apply for and receive gifts, grants, contributions or other money from governmental and private agencies, affiliated associations and other persons for the purposes of carrying out the provisions of NRS 232.850 to 232.866, inclusive, and for defraying expenses incurred by the Commission in the discharge of its duties.
(Added to NRS by 2003, 20th Special Session, 267; A 2007, 1662)—(Substituted in revision for NRS 233J.090)
DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION
Generally
NRS 232.900 Definitions. As used in NRS 232.900 to 232.990, inclusive, unless the context otherwise requires:
1. “Department” means the Department of Employment, Training and Rehabilitation.
2. “Director” means the Director of the Department.
(Added to NRS by 1993, 1480; A 1999, 869; 2009, 2279; 2019, 1951; 2021, 952, 2788; 2023, 3008)
NRS 232.910 Creation; purpose; composition.
1. The Department of Employment, Training and Rehabilitation is hereby created. The purpose of the Department is to plan, coordinate and carry out various services and activities designed to achieve and support employment and economic independence for residents of this State who are disadvantaged, displaced or disabled.
2. The Department consists of a Director and the following divisions:
(a) Employment Security Division;
(b) Rehabilitation Division; and
(c) Such other divisions as the Director may establish.
3. The Governor’s Office of Workforce Innovation, Nevada Equal Rights Commission and the Board for the Education and Counseling of Displaced Homemakers are within the Department.
(Added to NRS by 1993, 1480; A 1997, 3075; 2021, 2788)
NRS 232.920 Director: Powers and duties. The Director:
1. Shall:
(a) Organize the Department into divisions and other operating units as needed to achieve the purposes of the Department;
(b) Upon request, provide the Director of the Department of Administration with a list of organizations and agencies in this State whose primary purpose is the training and employment of persons with disabilities;
(c) Except as otherwise provided by a specific statute, direct the divisions to share information in their records with agencies of local governments which are responsible for the collection of debts or obligations if the confidentiality of the information is otherwise maintained under the terms and conditions required by law;
(d) Provide the employment and wage information to the Board of Regents of the University of Nevada for purposes of the reporting required of the Board of Regents by subsection 4 of NRS 396.531; and
(e) Provide to the Director of the Legislative Counsel Bureau a written report each quarter containing the rate of unemployment of residents of this State regarding whom the Department has information, organized by county and, for each county, the rate of unemployment disaggregated by demographic information, including, without limitation, age, race and gender. The Director of the Department shall:
(1) Post on the Internet website of the Department the report required by this paragraph;
(2) Provide the report to the Governor’s Workforce Development Board and all applicable agencies for the purposes of subsection 5 of NRS 232.935; and
(3) Post on the Internet website of the Department the written report provided by the Governor’s Workforce Development Board pursuant to subsection 5 of NRS 232.935.
2. Is responsible for the administration, through the divisions of the Department, of the provisions of NRS 394.383 to 394.560, inclusive, 426.010 to 426.715, inclusive, 426.740, 426.790 and 426.800, and chapters 612 and 615 of NRS, and all other provisions of law relating to the functions of the Department and its divisions, but is not responsible for the professional line activities of the divisions or other operating units except as otherwise provided by specific statute.
3. May employ, within the limits of legislative appropriations, such staff as is necessary for the performance of the duties of the Department.
(Added to NRS by 1993, 1480; A 1995, 1576; 1997, 1170, 3075; 1999, 636, 870, 3064; 2003, 2636; 2009, 2368; 2011, 2501; 2017, 2866, 3489; 2019, 2459; 2021, 848; 2023, 345)
NRS 232.930 Director: Appointment; classification; other employment prohibited. The Director:
1. Is appointed by, is responsible to, and serves at the pleasure of the Governor.
2. Is in the unclassified service of the State.
3. Shall not engage in any other gainful employment or occupation.
(Added to NRS by 1993, 1481)
NRS 232.932 Designation of critical need occupations for waiver of certain fees granted to veterans. The Department shall designate which occupations are critical need occupations within science, technology, engineering, arts, mathematics or health science fields for the purpose of a waiver of registration fees and other fees granted to a veteran pursuant to NRS 396.5446.
(Added to NRS by 2019, 1951)
NRS 232.933 Notices concerning job training or employment programs: Preparation by Department; duties of Labor Commissioner.
1. The Department shall prepare one or more notices concerning job training or employment programs conducted by the Department, including, without limitation, the Career Enhancement Program and Nevada JobConnect, and provide each such notice to the Labor Commissioner.
2. The Labor Commissioner shall:
(a) Make each notice described in subsection 1 available to each employer in private employment in this State; and
(b) Require each such employer to post and maintain each such notice in a conspicuous location at the place of employment where notices to employees and applicants for employment are customarily posted and read.
(Added to NRS by 2021, 952)
NRS 232.935 Governor’s Workforce Development Board: Appointment of members; duties; regulations; consistency of certain actions with State Plan for Economic Development; regional industry or sector partnerships.
1. In appointing members of the Governor’s Workforce Development Board, the Governor shall ensure that the membership as a whole represents:
(a) Members of the local workforce development boards and other business representatives from industry sectors which are essential to this State and which are driven primarily by demand;
(b) Communities and areas of economic development which are essential to this State; and
(c) The diversity of the workforce of this State, including, without limitation, geographic diversity and the diversity within regions of this State.
2. The Governor’s Workforce Development Board shall:
(a) Collaborate with the local workforce development boards and regional development authorities to:
(1) Identify:
(I) Industry sectors which are essential to each region of this State; and
(II) The region or regions of this State where the majority of the operations of each of those industry sectors is conducted; and
(2) Establish:
(I) Regional goals for economic development for each of the industry sectors identified pursuant to this paragraph; and
(II) Regional industry or sector partnerships for each industry sector.
(b) Consider and develop programs to promote:
(1) Strategies to improve labor markets for industries and regions of this State, including, without limitation, improving the availability of relevant information;
(2) Coordination of the efforts of relevant public and private agencies and organizations;
(3) Strategies for providing funding as needed by various industry sectors;
(4) Increased production capacities for various industry sectors;
(5) The development of useful measurements of performance and outcomes in various industry sectors;
(6) Participation by and assistance from state and local government agencies;
(7) Expanded market penetration, including, without limitation, by providing assistance to employers with small numbers of employees;
(8) Partnerships between labor and management;
(9) Business associations;
(10) The development of improved instructional and educational resources for employers and employees; and
(11) The development of improved economies of scale, as applicable, in industry sectors.
3. Each regional industry or sector partnership established pursuant to subparagraph (2) of paragraph (a) of subsection 2:
(a) Must be composed of representatives from:
(1) Employers within that industry;
(2) Organized labor within that industry, if applicable;
(3) Universities and community colleges; and
(4) Any other relevant group of persons deemed to be appropriate by the local workforce development board.
(b) Shall, within the parameters set forth in the American Recovery and Reinvestment Act of 2009 or the parameters of any other program for which the federal funding is available, identify job training and education programs which the regional industry or sector partnership determines to have the greatest likelihood of meeting the regional goals for economic development established for that industry sector pursuant to subparagraph (2) of paragraph (a) of subsection 2.
(c) Shall report on an annual basis and as necessary to the Governor’s Workforce Development Board.
4. The Governor’s Workforce Development Board shall:
(a) Identify and apply for federal funding available for the job training and education programs identified pursuant to paragraph (b) of subsection 3;
(b) Consider and approve or disapprove applications for money;
(c) Provide and administer grants of money to regional industry or sector partnerships for the purpose of establishing job training and education programs in industry sectors for which regional goals for economic development have been established pursuant to subparagraph (2) of paragraph (a) of subsection 2; and
(d) Adopt regulations establishing:
(1) Guidelines for the submission and review of applications to receive grants of money from the Department; and
(2) Criteria and standards for the eligibility for and use of any grants made pursuant to paragraph (c).
Ê Except as otherwise required as a condition for federal funding, the regulations required by this subsection must give priority to job training and education programs that are consistent with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development pursuant to subsection 2 of NRS 231.053.
5. The Governor’s Workforce Development Board shall:
(a) Receive reports from the Director pursuant to paragraph (e) of subsection 1 of NRS 232.920;
(b) Require all applicable agencies which provide workforce development services to coordinate efforts and resources to reduce the rate of unemployment for a demographic group contained in the report provided pursuant to paragraph (e) of subsection 1 of NRS 232.920 if, for that demographic group, the rate of unemployment for the group:
(1) Is 200 percent or more of the rate of unemployment for the applicable county as a whole;
(2) Is 4 or more percentage points higher than the rate of unemployment for the applicable county as a whole; or
(3) Has been higher than the rate of unemployment for the applicable county as a whole for 3 or more consecutive years; and
(c) Provide a written report each year to the Director of the Department and the Director of the Legislative Counsel Bureau describing the efforts made by the Governor’s Workforce Development Board and all applicable agencies to comply with paragraph (b).
6. In carrying out its powers and duties pursuant to this section, the Governor’s Workforce Development Board shall consult with the Executive Director of the Office of Economic Development and shall cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.
7. As used in this section:
(a) “Industry sector” means a group of employers closely linked by common products or services, workforce needs, similar technologies, supply chains or other economic links.
(b) “Regional industry or sector partnership” means a workforce collaborative, convened by or acting in partnership with the Governor’s Workforce Development Board or a local board of workforce development that organizes key stakeholders in an industry cluster into a working group that focuses on the shared goals and human resources needs of the industry cluster.
(Added to NRS by 2009, 2277; A 2011, 3449; 2017, 2866; 2023, 346)
NRS 232.940 Rehabilitation Division: Composition. The Rehabilitation Division of the Department consists of the following bureaus:
1. Bureau of Services to Persons Who Are Blind or Visually Impaired.
2. Bureau of Vocational Rehabilitation.
(Added to NRS by 1993, 1481; A 1997, 1171; 1999, 1882)
NRS 232.945 Rehabilitation Division: Appointment, classification, restrictions on other employment, powers and duties of Administrator; regulations. The Director shall appoint an Administrator of the Rehabilitation Division of the Department. The Administrator:
1. Is in the unclassified service of the State unless federal law or regulation requires otherwise, and serves at the pleasure of the Director.
2. Shall administer the provisions of law set forth in subsection 4, subject to the administrative supervision of the Director.
3. Except as otherwise provided in NRS 284.143, shall devote his or her entire time and attention to the business of his or her office and shall not pursue any other business or occupation or hold any other office of profit.
4. Is responsible for the administration, through the bureaus of the Rehabilitation Division, of the provisions of this section, NRS 232.940, 426.517 to 426.610, inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.
5. Is responsible for the preparation of a consolidated state plan for the Bureau of Services to Persons Who Are Blind or Visually Impaired, the Bureau of Vocational Rehabilitation and any other program administered by the Rehabilitation Division that the Administrator considers appropriate to incorporate into the consolidated state plan before submission to the Federal Government. This subsection does not apply if any federal regulation exists that prohibits a consolidated plan.
6. In developing and revising state plans pursuant to subsection 5, shall consider, without limitation:
(a) The amount of money available from the Federal Government for the programs of the Rehabilitation Division;
(b) The conditions attached to the acceptance of that money; and
(c) The limitations of legislative appropriations for the programs.
7. May make such expenditures and investigations, require such reports and take such other actions as the Administrator deems necessary or suitable to carry out the functions of the Rehabilitation Division.
8. May employ, within the limits of legislative appropriations, such staff as is necessary to the performance of the duties of the Rehabilitation Division.
9. Shall determine the organization and methods of procedure for the Rehabilitation Division in accordance with the provisions of this section, NRS 232.940, 426.517 to 426.610, inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.
10. May adopt, amend or rescind such rules and regulations as the Administrator deems necessary or suitable to carry out the provisions of this section, NRS 232.940, 426.517 to 426.610, inclusive, and chapter 615 of NRS, and all other provisions of law relating to the functions of the Rehabilitation Division.
(Added to NRS by 1999, 869; A 2003, 2636; 2005, 110; 2017, 262)
NRS 232.960 Department of Employment, Training and Rehabilitation’s Gift Fund: Creation; accounts; deposit of money received by Rehabilitation Division; claims; disposition of property other than money.
1. Except for gifts or grants specifically accounted for in another fund, all gifts or grants of money or other property which the Rehabilitation Division of the Department is authorized to accept must be accounted for in the Department of Employment, Training and Rehabilitation’s Gift Fund, which is hereby created as a special revenue fund. The Fund is a continuing fund without reversion. The Department may establish such accounts in the Fund as are necessary to account properly for gifts received. All such money received by the Division must be deposited in the State Treasury for credit to the Fund. The money in the Fund must be paid out on claims as other claims against the State are paid. Unless otherwise specifically provided by statute, claims against the Fund must be approved by the Director or the Director’s delegate.
2. Gifts of property other than money may be sold or exchanged when it is deemed by the Director to be in the best interest of the Rehabilitation Division. The sale price must not be less than 90 percent of the value determined by a qualified appraiser appointed by the Director. All money received from the sale must be deposited in the State Treasury to the credit of the Fund. The money may be spent only for the purposes of the Division. The property may not be sold or exchanged if to do so would violate the terms of the gift.
(Added to NRS by 1993, 1481; A 2001, 2750)
Governor’s Office of Workforce Innovation
NRS 232.965 Creation. The Governor’s Office of Workforce Innovation is hereby created in the Department.
(Added to NRS by 2021, 2786)
NRS 232.970 Executive Director: Appointment; classification.
1. The Governor shall appoint the Executive Director of the Governor’s Office of Workforce Innovation.
2. The Executive Director is in the unclassified service of the State and serves at the pleasure of the Governor.
(Added to NRS by 2021, 2786)
NRS 232.975 Executive Director: Duties. The Executive Director of the Governor’s Office of Workforce Innovation shall:
1. Provide support to the Department, the Governor’s Workforce Development Board created by NRS 232.935 and any regional industry or sector partnership established pursuant to NRS 232.935 on matters relating to workforce development.
2. Work in coordination with the Office of Economic Development to establish criteria and goals for workforce development and diversification in this State.
3. Collect and systematize and present in biennial reports to the Governor and the Legislature such statistical details relating to workforce development in the State as the Executive Director of the Office may deem essential to further the objectives of the Governor’s Office of Workforce Innovation.
4. At the direction of the Director:
(a) Identify, recommend and implement policies related to workforce development.
(b) Define career pathways and identify priority career pathways for secondary and postsecondary education.
(c) Discontinue career pathways offered by the State which fail to meet minimum standards of quality, rigor and cross-education alignment, or that do not demonstrate a connection to priority industry needs.
(d) In consultation with the Governor’s Workforce Development Board, identify industry-recognized credentials, workforce development programs and education.
(e) Maintain and oversee the statewide longitudinal data system that links data relating to early childhood education programs and K-12 public education with data relating to postsecondary education and the workforce in this State.
(f) Collect accurate educational data in the statewide longitudinal data system for the purpose of analyzing student performance through employment to assist in improving the educational system and workforce training program in this State.
(g) Apply for and administer grants, including, without limitation, those that may be available from funding reserved for statewide workforce investment activities.
(h) Review the status and structure of local workforce investment areas in the State, in coordination with the Governor and the Governor’s Workforce Development Board.
(i) Report periodically to the Governor’s Workforce Development Board concerning the administration of the policies and programs of the Governor’s Office of Workforce Innovation.
(j) On or before March 31 of each year, submit to the Governor a complete report of the activities, discussions, findings and recommendations of the Governor’s Office of Workforce Innovation.
(k) Suggest improvements regarding the allocation of federal and state money to align workforce training and related education programs in the State, including, without limitation, career and technical education.
(l) On or before January 1 of each year, collect and analyze data as needed to create a written report for the purposes of this paragraph, and submit such a report to the Director of the Legislative Counsel Bureau. The report must include, without limitation:
(1) Statistical data based on an analysis of the number of persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body in relation to the total population of this State or any geographic area within this State;
(2) The demand within this State or any geographic area within this State for the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body; and
(3) Any other factors relating to the types of services provided by persons within this State who are engaged in an occupation or profession that is regulated by a regulatory body that adversely affect public health or safety.
Ê As used in this paragraph, “regulatory body” has the meaning ascribed to it in NRS 622.060.
(m) On or before January 1 of each year, submit to the Director of the Legislative Counsel Bureau a written report that includes, without limitation, the most current data and reports produced by the statewide longitudinal data system.
(Added to NRS by 2021, 2786; A 2023, 348)
NRS 232.980 Agencies required to submit educational and workforce data for inclusion in statewide longitudinal data system maintained by Office. The following public agencies shall submit educational and workforce data for inclusion in the statewide longitudinal data system maintained pursuant to paragraph (e) of subsection 4 of NRS 232.975:
1. The Department of Employment, Training and Rehabilitation.
2. The Department of Education.
3. The Nevada System of Higher Education.
4. The Department of Motor Vehicles.
5. Any other public agency which is directed by the Governor to submit such data.
(Added to NRS by 2021, 2787)
NRS 232.985 Career Pathways Demonstration Program: Establishment; administration; duties of Office relating to implementation of Program; proposals for career pathway projects. [Effective through June 30, 2028.]
1. The Governor’s Office of Workforce Innovation shall establish and administer a Career Pathways Demonstration Program to develop and implement career pathways that will enable students to prepare for employment in professions which serve the long-term needs of this State. The Office shall identify not more than three priority industries, including, without limitation, K-12 education, for the development and implementation of career pathways as part of the Program.
2. In implementing the Program, the Office shall:
(a) Establish clear, measurable objectives for the outcomes of the Program which are aligned with the State Plan for Economic Development developed by the Executive Director of the Office of Economic Development within the Office of the Governor pursuant to subsection 2 of NRS 231.053, including, without limitation, targets based on reliable data concerning:
(1) The number of persons entering the career pathway;
(2) The number and percentage of persons completing distinct phases of the career pathway, as marked by earning course credit or a credential, certificate or other recognized documentation showing progression in the career pathway;
(3) The number and percentage of participants in a career pathway who obtain high-quality employment in the target industry; and
(4) The number and percentage of participants in a career pathway employed for at least 2 years in the target industry.
(b) Rely on economic and workforce development data to inform decision-making, including, without limitation:
(1) Estimates of the number of high-quality jobs that will be required in this State in the next 5 to 10 years;
(2) Projected workforce capacity in relation to the estimates pursuant to subparagraph (1);
(3) The number and capacity of existing industry-aligned career pathway programs;
(4) Enrollment, participation and completion rates for industry-aligned career pathway programs;
(5) Credentialing rates or other industry-aligned indicators of workforce readiness;
(6) Industry-aligned, skill-based employee retention rates;
(7) The demographic information of the participants in the Program, including, without limitation, race, gender and enrollment at a Title I school; and
(8) Other relevant data available through the statewide longitudinal data system maintained by the Executive Director of the Office pursuant to NRS 232.975.
(c) Collaborate with school districts, the Nevada System of Higher Education, regional development authorities and representatives from priority industries.
(d) Establish criteria for evaluating the performance of career pathway projects and the entities that assist in the development and implementation of career pathway projects, including, without limitation, the Department of Education, school districts, the Nevada System of Higher Education, regional development authorities and representatives from priority industries.
3. The Office shall develop and implement a competitive process to select proposals for career pathway projects. Each proposal for a career pathway project selected by the Office must incorporate best practices for career pathway design and address, without limitation:
(a) The types of high-quality jobs which the career pathway project will prepare students for, based on a definition of “high-quality job” which shall be developed and promulgated by the Office.
(b) The educational opportunities that the project will offer to K-12 pupils and students of the Nevada System of Higher Education which may include, without limitation:
(1) Early exposure to career options for pupils in elementary, junior high or middle school;
(2) Multiple entry points into the career pathway;
(3) Meaningful, practice-based learning opportunities aligned to the career pathway and the workforce priorities within the target industry, including, without limitation, paid work-based learning opportunities;
(4) Opportunities for students to receive credentials aligned to the skills and experience needed for employment in the target industry; and
(5) Work-based learning opportunities that may be eligible for exemption from federal laws and regulations from which exemptions are available for work-based learning programs for pupils.
(c) The practices that will be implemented to recruit students for the career pathway, including, without limitation, practices that will foster equity and the inclusion in the career pathway of students from historically underserved communities.
(d) The types of early career guidance, incentives and support that will be offered to participants in the career pathway, which may include, without limitation:
(1) Employment opportunities for students who participate in the career pathway, including, without limitation, employer commitments to recruiting students who successfully obtain the qualifications for employment through the career pathway;
(2) Professional support and development opportunities for participants early in their career in the target industry, including, without limitation, mentoring; and
(3) Financial incentives which eliminate or substantially reduce financial barriers to entry into professions in the target industry.
(e) The roles and responsibilities of the persons necessary to develop and implement the career pathway, which may include, without limitation:
(1) Program staff;
(2) School districts and the Nevada System of Higher Education;
(3) Regional development authorities; and
(4) Representatives from the target industries.
(f) The financial plan for the career pathway project, including, without limitation:
(1) The projected 5-year budget for the career pathway project;
(2) Existing funding sources for the career pathway project and the amount of funding that the person submitting the proposal will allocate to the project;
(3) Anticipated funding sources for the career pathway project; and
(4) Any additional funding necessary to implement the career pathway project which is not addressed by the existing funding sources.
(g) The goals and anticipated outcomes of the career pathway project, including, without limitation:
(1) The target number of total participants in the career pathway project;
(2) The target number of participants who will successfully complete each stage of the career pathway, as marked by earning course credit or a credential, certificate or other recognized documentation showing progression in the career pathway; and
(3) The target number of participants who will complete the career pathway, regardless of their entry point into the career pathway.
4. The Office may enter into an agreement with the Department of Education to administer the Teacher Academy College Pathway Program offered pursuant to NRS 388.223. Such an agreement may require the Department of Education to administer any local, state or federal funding appropriated or otherwise available to implement the Teacher Academy College Pathway Program.
5. As used in this section, “career pathway” means a series of structured and connected educational opportunities designed to help a person enter or advance within a given occupation or industry sector.
(Added to NRS by 2023, 3005)
NRS 232.990 Program to provide work-based learning opportunities for certain pupils: Office to establish in coordination with Department of Education; requirements for program; dual credit for participating pupils.
1. The Governor’s Office of Workforce Innovation shall, in coordination with the Department of Education, establish a program to provide paid and unpaid work-based learning opportunities outside of school for pupils enrolled in grades 7 to 12, inclusive.
2. The program must:
(a) Allow pupils involved in work-based learning opportunities to receive elective course credit for the learning opportunities;
(b) Establish criteria to evaluate the program for work-based learning opportunities;
(c) Outline any communication or collaboration needed between the Governor’s Office of Workforce Innovation, the Department of Education and the board of trustees of a school district to implement the program for work-based learning opportunities;
(d) Establish basic requirements for a person or organization to participate in the program for work-based learning opportunities, including, without limitation, conducting background checks on appropriate personnel and providing minimum standards for accountability; and
(e) Provide a process for the receipt of credits earned through the program for work-based learning opportunities in the school in which the pupil is enrolled.
3. The Governor’s Office of Workforce Innovation may cooperate with the Department of Education and the Board of Regents of the University of Nevada to enable pupils to earn up to 12 units of dual credit for approved work-based learning opportunities.
(Added to NRS by 2023, 3008)