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--Revises definition of "regulation" for purposes of Nevada Administrative Procedure Act. (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; revising the definition of "regulation" for
purposes of the Nevada Administrative Procedure Act; 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 state policy, interpretation or finding of general applicability that an agency applies to determine whether a person is in compliance with a federal or state statute or regulation in order to assess a fine, monetary penalty or monetary interest.
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) A manual of policies and procedures, or a manual of audit procedures, of an agency which is used solely to train or provide guidance to employees of the agency and which is not used as authority in a contested case to determine whether a person is in compliance with any federal or state statute or regulation;
(e) An agency decision or finding in a contested case; [or
5.] (f) An advisory opinion issued by an agency that is not of general applicability;
(g) An interpretation of an agency that has specific statutory authority to issue interpretations;
(h) Letters of approval, concurrence or disapproval issued in relation to a permit for a specific project or activity; or
(i) 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, for the purpose of adopting regulations to comply with the amendatory provisions of subsection 1 of this act and on January 1, 1998, for all other purposes.