(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
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--Makes various changes concerning administrative procedure of state and local government. (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; authorizing judicial review of an administrative decision made by the hearings officer of a local government; 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:
(1) Determine whether a person is in compliance with a federal or state statute or regulation; or
(2) 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 internal 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.] , signals and other traffic-control devices that conform with the manual and specifications for a uniform system of official traffic-control devices adopted pursuant to NRS 484.781.
Sec. 2. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows:
If the governing body of a county has adopted an ordinance which authorizes the hiring or appointment of a person to make final administrative decisions on behalf of that governing body, a person who is aggrieved by such an administrative decision may appeal the decision pursuant to the procedure provided in the provisions of NRS 233B.130 to 233B.150, inclusive, for an aggrieved party to appeal a final decision of an agency of the executive department of the state government. For the purposes of this section, "agency" and its derivatives as used in NRS 233B.130 to 233B.150, inclusive, must be read to mean the person hired or appointed to make final administrative decisions on behalf of the governing body.
Sec. 3. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
If the governing body of a city has adopted an ordinance which authorizes the hiring or appointment of a person to make final administrative decisions on behalf of that governing body, a person who is aggrieved by such an administrative decision may appeal the decision pursuant to the procedure provided in the provisions of NRS 233B.130 to 233B.150, inclusive, for an aggrieved party to appeal a final decision of an agency of the executive department of the state government. For the purposes of this section, "agency" and its derivatives as used in NRS 233B.130 to 233B.150, inclusive, must be read to mean the person hired or appointed to make final administrative decisions on behalf of the governing body.
Sec. 4. This act becomes effective on July 1, 1997, for the purpose of adopting regulations to comply with the amendatory provisions of section 1 of this act and on January 1, 1998, for all other purposes.