Assembly Bill No. 171-Assemblymen Humke, Lambert, Williams, Neighbors, Bache, Freeman, de Braga, Ernaut, Braunlin, Mortenson, Amodei, Parks, Tiffany, Lee and Hickey
February 13, 1997
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Referred to Committee on Government Affairs
SUMMARY--Clarifies that certain policies, interpretations and findings of executive agencies must be adopted by regulation. (BDR 18-446)
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 procedure; clarifying that certain policies, interpretations and findings of executive agencies must be adopted by regulation; 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.038 is hereby amended to read as follows:
233B.038 "Regulation" means an agency rule, standard, directive or statement of general applicability which effectuates or interprets law or policy, or describes the organization, procedure or practice requirements of any agency. The term [includes a] :
1. Includes:
(a) A proposed regulation [and the] ;
(b) The amendment or repeal of a prior regulation [, but does] ; and
(c) A policy, interpretation or finding, other than a decision or finding in a contested case, that an agency applies to determine whether a person is in compliance with any state or federal law or regulation.
2. Does not include:
[1.] (a) A statement concerning only the internal management of an agency and not affecting private rights or procedures available to the public;
[2.] (b) A declaratory ruling;
[3.] (c) An intraagency memorandum;
[4.] (d) An agency decision or finding in a contested case; or
[5.] (e) A regulation concerning the use of public roads or facilities which is indicated to the public by means of signs and signals.
Sec. 2 This act becomes effective on July 1, 1997.