Assembly Bill No. 120

Assembly Bill No. 120-Committee on Government Affairs

February 3, 1997
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Referred to Committee on Government Affairs

SUMMARY--Revises procedures for adoption of administrative regulations and forms required by administrative agencies under certain circumstances. (BDR 18-234)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to administrative regulations; revising the procedures for the adoption of administrative regulations and forms required by administrative agencies under certain circumstances; and providing other matters properly relating thereto.

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

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Section 1 NRS 233B.067 is hereby amended to read as follows:
233B.067 1. After adopting a permanent regulation, the agency shall submit the informational statement prepared pursuant to NRS 233B.066 and an original and four copies of each regulation adopted, to the director of the legislative counsel bureau for review by the legislative commission, which may refer it to a joint interim committee, to determine whether the regulation conforms to the statutory authority [under] pursuant to which it was adopted and whether the regulation carries out the intent of the legislature in granting that authority. The director shall have endorsed on the original and duplicate copies of each adopted regulation the date of their receipt and shall maintain one copy of the regulation in a file and available for public inspection for 2 years.
2. If an agency submits an adopted regulation to the director of the legislative counsel bureau pursuant to subsection 1 which:
(a) The agency is required to adopt pursuant to a federal statute or regulation; and
(b) Exceeds the agency's specific statutory authority or sets forth requirements that are more stringent than a statute of this state,
it shall include a statement that adoption of the regulation is required by a federal statute or regulation. The statement must include the specific citation of the federal statute or regulation requiring such adoption.
3. The legislative commission , or the joint interim committee if the commission has referred it to such a committee, shall review the regulation at its next regularly scheduled meeting if the regulation is received more than 10 working days before the meeting and a regular meeting is held within 35 days after receipt of the regulation. The commission may appoint a committee composed of three or more members of the commission or any joint interim committee to examine proposed regulations received more than 35 days before a regular meeting is scheduled to be held.
4. The legislative commission shall notify the director of the results of its review within 30 days after receipt of the regulation from the agency. If the commission does not object to the regulation , [on the basis that the regulation fails to conform to the statutory authority under which it was adopted or fails to carry out the intent of the legislature in granting that authority,] the director shall file it with the secretary of state within 35 days after receipt from the agency and notify the agency of the filing. If the commission [determines] objects to the regulation after determining that :
(a) If subsection 2 is applicable, the regulation is not required pursuant to a federal statute or regulation [, if subsection 2 is applicable, or] ;
(b) The regulation does not conform to statutory authority ; or
(c) The regulation does not carry out legislative intent,
the director shall attach to the regulation a written notice of the commission's objection, including a statement of the reasons for its objection, and shall promptly return the regulation to the agency. [The director shall file the regulation with the secretary of state within 35 days after receipt from the agency if the agency does not notify the director in writing before that date of its intent to revise the regulation. If the agency notifies the director that it intends to revise the regulation as recommended, the director shall file the regulation with the secretary of state within 10 days after receipt of the revised regulation.
5. If the director fails to file the regulation as required by this section, the agency may file the regulation with the secretary of state.]
Sec. 2 NRS 233B.0675 is hereby amended to read as follows:
233B.0675 1. If the legislative commission has objected to a regulation , [and] the agency [did not] may revise it [before it was filed with the secretary of state, the commission shall report the matter to the next session of the legislature for its consideration.] and return it to the director of the legislative counsel bureau. Upon receipt of the revised regulation, the director shall resubmit the regulation to the commission at its next regularly scheduled meeting. If the commission does not object to the revised regulation, the director shall promptly file the revised regulation with the secretary of state and notify the agency of the filing.
2. If the legislative commission objects to the revised regulation, the agency may continue to revise it and resubmit it to the commission.
3. If the agency refuses to revise a regulation to which the legislative commission has objected, the commission may suspend the filing of the regulation until the 30th day of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the regulation will not become effective. The director shall thereupon notify the agency that the regulation will not be filed and must not be enforced. If the legislature has not so declared by the 30th day of the session, the director shall promptly file the regulation and notify the agency of the filing.
Sec. 3 NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective [upon filing] when the director of the legislative counsel bureau files with the secretary of state the original of the final draft or revision of a regulation, except as otherwise provided in NRS 233B.0665 or where a later date is specified in the regulation.
2. A temporary or emergency regulation becomes effective [upon filing] when the agency files with the secretary of state the original of the final draft or revision of a regulation [by the agency,] together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary or emergency regulation with the legislative counsel bureau, together with the informational statement prepared pursuant to NRS 233B.066.
3. The secretary of state shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
4. The secretary of state shall file, with the original of each agency's rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
5. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the secretary of state indicating that it has been filed, including material adopted by reference which is not already filed with the state librarian, to the state librarian for use by the public. If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for licensing or for the renewal of a license issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the secretary of state, to the legislative committee on health care within 10 days after the regulation is filed with the secretary of state.
6. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
7. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 4 NRS 233B.115 is hereby amended to read as follows:
233B.115 1. Any person who objects to the content of a form required by an agency to be used in submitting an application, making a declaration or providing other information may request the legislative commission to determine whether the information required and the instructions for its preparation conform to the statutory authority [under] pursuant to which the agency requires it. The legislative commission may also make such a determination on its own motion.
2. If the legislative commission finds that any part of the information or instructions does not conform to statutory authority, the director of the legislative counsel bureau shall so notify the agency. [The agency may revise the form and submit it to the legislative commission for its review.]
3. After notification by the director of the legislative counsel bureau of the legislative commission's objection to the form, the agency may revise the form to conform to statutory authority and resubmit it to the legislative commission. The agency shall not use the form until it has submitted a revised version to the legislative commission and the commission has approved the form.
4. If the agency [chooses instead not] refuses to revise the form, [the commission shall report the matter to the next session of the legislature for its consideration.] it shall not use the form until after the expiration of the first 30 days of the next regular session of the legislature. Before the 30th day of the next regular session the legislature may, by concurrent resolution, declare that the form must not be used. The director shall thereupon notify the agency that it shall not use the form. If the legislature has not so declared by the 30th day of the session, the director shall promptly notify the agency that it may use the form.
Sec. 5 This act becomes effective on July 1, 1997.