[Rev. 11/21/2013 3:54:21 PM--2013]

[NAC-232 Revised Date: 1-12]

CHAPTER 232 - STATE DEPARTMENTS

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

232.010††††††††††† Definitions.

Practice Before Department

232.020††††††††††† Petition for action on regulation: Filing; contents.

232.030††††††††††† Petition for action on regulation: Review; notice of decision.

232.040††††††††††† Petition for declaratory order or advisory opinion: Authorization; filing; contents.

232.045††††††††††† Petition for declaratory order or advisory opinion: Referral by chief to Director.

232.050††††††††††† Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion.

232.053††††††††††† Petition for declaratory order or advisory opinion: Request for Director to review decision of chief.

232.056††††††††††† Advisory opinion: Oral response prohibited.

232.060††††††††††† Petition for creation of nonprofit corporation: Filing; contents.

Selection of Chiefs of Divisions

232.100††††††††††† Application for recognition to submit list of qualified persons: Authorization.

232.110††††††††††† Application for recognition to submit list of qualified persons: Criteria for approval.

232.120††††††††††† Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial.

232.130††††††††††† Notice of vacancy in position; submission of list of qualified persons.

232.140††††††††††† Criteria for selection of person for appointment.

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

232.210††††††††††† Definitions.

232.220††††††††††† ďAdministratorĒ defined.

232.240††††††††††† ďDivisionĒ defined.

232.300††††††††††† Advisory opinion: Request for issuance; action by Administrator.

232.310††††††††††† Advisory opinion: Oral response to request.

232.320††††††††††† Petition for declaratory order: Filing; contents; action by Administrator.

232.330††††††††††† Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator.

 

 

 

DEPARTMENT OF BUSINESS AND INDUSTRY

General Provisions

††††† NAC 232.010  Definitions. (NRS 233B.040)  As used in NAC 232.010 to 232.140, inclusive, unless the context otherwise requires:

†††† 1.  ďChiefĒ means the chief of a division of the Department.

†††† 2.  ďDepartmentĒ means the Department of Business and Industry.

†††† 3.  ďDirectorĒ means the Director of the Department.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87; A 5-14-92)

Practice Before Department

††††† NAC 232.020  Petition for action on regulation: Filing; contents. (NRS 233B.100)

†††† 1.  An interested person who wishes to petition the Director for the adoption, filing, amendment or repeal of a regulation of the Department or a division of the Department must file with the Director and the chief who is authorized to adopt, file, amend or repeal the regulation, the original and one copy of the petition.

†††† 2.  The petition must include:

†††† (a) The name and address of the petitioner;

†††† (b) A clear and concise statement of the regulation to be adopted, filed, amended or repealed;

†††† (c) The reason for the adoption, filing, amendment or repeal of the regulation;

†††† (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation; and

†††† (e) The name of the public officer, Department or division of the Department authorized to adopt, file, amend or repeal the regulation.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87; A 5-14-92)

††††† NAC 232.030  Petition for action on regulation: Review; notice of decision. (NRS 233B.100)

†††† 1.  The Director may refuse to review a petition which requests the adoption, filing, amendment or repeal of a regulation if:

†††† (a) The original petition is not accompanied by one copy of the petition; or

†††† (b) The petition does not contain the information required by NAC 232.020.

†††† 2.  The Director may require the chief who is authorized to adopt the regulation to review the petition and issue a decision.

†††† 3.  The Director or the chief designated by the Director pursuant to subsection 2 will notify the petitioner in writing of his or her decision within 30 days after the petition is filed.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87; A 5-14-92)

††††† NAC 232.040  Petition for declaratory order or advisory opinion: Authorization; filing; contents. (NRS 233B.120)

†††† 1.  Except as otherwise provided in subsection 4, an interested person may petition the Director to issue a declaratory order or advisory opinion concerning the applicability of a statute, regulation or decision of the Department or any of its divisions.

†††† 2.  The original and one copy of the petition must be filed with:

†††† (a) The chief who is authorized to administer or enforce the statute or regulation or to issue the decision; or

†††† (b) The Director, if the statute, regulation or decision is administered or enforced by the Director.

†††† 3.  The petition must include:

†††† (a) The name and address of the petitioner;

†††† (b) The reason for requesting the order or opinion;

†††† (c) A statement of facts that support the petition; and

†††† (d) A clear and concise statement of the question to be decided by the Director or chief and the relief sought by the petitioner.

†††† 4.  An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87; A 5-14-92)

††††† NAC 232.045  Petition for declaratory order or advisory opinion: Referral by chief to Director. (NRS 233B.120)  Upon receipt of a petition for a declaratory order or an advisory opinion, a chief:

†††† 1.  Shall send the petition to the Director for his or her decision if it contains an issue:

†††† (a) Concerning significant public policy, including, but not limited to:

††††††††† (1) A question concerning more than one division in the Department;

††††††††† (2) A question of first impression;

††††††††† (3) A constitutional question; or

††††††††† (4) An issue that has an effect on the budget of the Department.

†††† (b) That is specified by the Director and concerns the administration of the Department pursuant to subsection 2 of NRS 232.520.

†††† 2.  May, with the consent of the Director, send to the Director for his or her decision the petition:

†††† (a) If the petitioner agrees; or

†††† (b) For good cause shown.

†††† 3.  The Director will specify the issues that concern the administration of the Department pursuant to subsection 2 of NRS 232.520 which must be referred to the Director by a chief in accordance with paragraph (b) of subsection 1.

†††† (Added to NAC by Depít of Commerce, eff. 5-14-92)

††††† NAC 232.050  Petition for declaratory order or advisory opinion: Action by Department; record and notice of order or opinion. (NRS 233B.120)

†††† 1.  The Director or a chief may refuse to review a petition which requests him or her to issue a declaratory order or advisory opinion if:

†††† (a) The original petition is not accompanied by one copy of the petition; or

†††† (b) The petition does not contain the information required by NAC 232.040.

†††† 2.  The Director or chief with whom the petition is filed may:

†††† (a) Conduct an informal hearing to determine issues of fact or to hear argument related to the petition and may enter reasonable orders that govern the conduct of such a hearing.

†††† (b) Request the petitioner to provide additional information or arguments relating to the petition.

†††† (c) Issue a declaratory order or an advisory opinion based upon the contents of the petition and any material submitted with the petition.

†††† (d) Consider relevant decisions that have been issued by the Department or division which apply or interpret the statute, regulation or decision in question.

†††† (e) Enter any reasonable order to assist his or her review of the petition.

†††† 3.  The Director or chief with whom the petition is filed will maintain a record of the order or opinion that is indexed by subject matter and mail a copy of the order or opinion to the petitioner within 60 days after:

†††† (a) The petition is filed;

†††† (b) The petition is referred to the Director for decision;

†††† (c) An informal hearing is conducted; or

†††† (d) Any additional information or written argument is received by the Director or the chief,

  whichever occurs later.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87; A 5-14-92)

††††† NAC 232.053  Petition for declaratory order or advisory opinion: Request for Director to review decision of chief. (NRS 233B.120)

†††† 1.  After receipt of a decision from a chief concerning the applicability or interpretation of a statute, regulation or decision of the division, a petitioner may request the Director to review the decision.

†††† 2.  A request made pursuant to subsection 1 must:

†††† (a) Be in writing;

†††† (b) Contain the information required pursuant to NAC 232.040; and

†††† (c) Be filed with the Director within 30 days after the date of the decision.

†††† 3.  The Director will review the request in accordance with the provisions of subsections 2 and 3 of NAC 232.050.

†††† (Added to NAC by Depít of Commerce, eff. 5-14-92)

††††† NAC 232.056  Advisory opinion: Oral response prohibited. (NRS 233B.120)  The Director or a chief will not render an oral advisory opinion or respond over the telephone to a request for an advisory opinion. An oral response or a response given over the telephone by a member of the staff of the Department is not a decision or an advisory opinion of the Department.

†††† (Added to NAC by Depít of Commerce, eff. 5-14-92)

††††† NAC 232.060  Petition for creation of nonprofit corporation: Filing; contents. (NRS 233B.050)

†††† 1.  A petition which requests the Director to create or cause to be created a nonprofit corporation pursuant to NRS 81.350 to 81.400, inclusive, must be filed with the Director.

†††† 2.  The petition must include:

†††† (a) The name and address of the petitioner;

†††† (b) A clear and concise statement setting forth the reason why the corporation is necessary or convenient for the exercise of the powers and duties of the Department;

†††† (c) The source of funding for the corporation;

†††† (d) The information required to be included in the certificate of incorporation filed pursuant to NRS 81.350 to 81.400, inclusive; and

†††† (e) Any other information the Director may require.

†††† (Added to NAC by Depít of Commerce, eff. 12-17-87)

Selection of Chiefs of Divisions

††††† NAC 232.100  Application for recognition to submit list of qualified persons: Authorization. (NRS 233B.050)  Any professional organization, association or other group may apply to the Director to be recognized to submit a list of qualified persons for appointment as chief of a division of the Department.

†††† (Added to NAC by Depít of Commerce, eff. 4-30-92)

††††† NAC 232.110  Application for recognition to submit list of qualified persons: Criteria for approval. (NRS 233B.050)  The Director will approve an application submitted pursuant to NAC 232.100 if he or she finds that the professional organization, association or other group:

†††† 1.  Has an identifiable statewide membership, is affiliated with a national organization that has identifiable members who are actively engaged in the practice of a profession regulated by a division of the Department or has the capability of representing, on a statewide basis, members of the profession or business class for which it seeks approval to submit a list of qualified persons;

†††† 2.  Is a corporation, partnership or professional association organized and created in accordance with the provisions of title 7 of NRS or is an established entity in this State;

†††† 3.  Has a membership that is licensed, regulated or otherwise involved in the activity which is the subject of the laws administered or enforced by the chief of a division of the Department; and

†††† 4.  Has demonstrated the capability and desire to assist the Director in obtaining information from all persons and groups in the industry, profession or class of business with which the group is associated for the purpose of identifying qualified persons for appointment as chief of a division of the Department.

†††† (Added to NAC by Depít of Commerce, eff. 4-30-92)

††††† NAC 232.120  Application for recognition to submit list of qualified persons: Action by Director; reapplication after denial. (NRS 233B.050)

†††† 1.  Within 30 days after receiving an application submitted pursuant to NAC 232.100, the Director will notify the applicant that its application has been:

†††† (a) Approved and will indicate the division or divisions for which the group has been approved to submit the names of qualified persons; or

†††† (b) Denied and will set forth the reasons for the denial.

†††† 2.  Any applicant whose application is denied may reapply if new evidence or new circumstances exist.

†††† (Added to NAC by Depít of Commerce, eff. 4-30-92)

††††† NAC 232.130  Notice of vacancy in position; submission of list of qualified persons. (NRS 233B.050)

†††† 1.  If a vacancy occurs in the position of chief of a division of the Department, the Director will:

†††† (a) Give public notice of the vacancy; and

†††† (b) Make a good faith effort to give notice promptly to any professional organization, association or other group that has been approved by the Director to submit a list of qualified persons for appointment as chief of the division.

†††† 2.  When a vacancy occurs, any professional organization, association or other group that has been approved by the Director may submit, within such time as is permitted by the Director, a list of qualified persons. The list must be submitted in such form as is specified or permitted by the Director. The organization, association or other group shall acknowledge, in writing, that a good faith effort has been made to:

†††† (a) Verify that each person whose name appears on the list meets the minimum statutory qualifications for the position; and

†††† (b) Give notice to each such person of the factors set forth in NAC 232.140 that will be considered by the Director in making recommendations to the Governor.

†††† (Added to NAC by Depít of Commerce, eff. 4-30-92)

††††† NAC 232.140  Criteria for selection of person for appointment. (NRS 233B.050)

†††† 1.  Before submitting the name of a person to the Governor for approval of the appointment of the person as chief of a division of the Department, the Director will consider the personís ability to:

†††† (a) Relate well with other persons;

†††† (b) Motivate and lead other persons;

†††† (c) Develop teamwork;

†††† (d) Give clear directions;

†††† (e) Listen effectively;

†††† (f) Act towards others in an objective and fair manner;

†††† (g) Plan and organize his or her time;

†††† (h) Anticipate and solve problems;

†††† (i) Accomplish objectives with minimum resources;

†††† (j) Read, understand and apply statutes, regulations and policies;

†††† (k) Work with Legislators in developing legislation;

†††† (l) Work within the state budget and personnel system;

†††† (m) Maintain efficiency and effectiveness under heavy workloads and during times when the amount of work has increased;

†††† (n) Communicate effectively, both verbally and in writing;

†††† (o) Deal effectively with unexpected events; and

†††† (p) Understand and carry out the directives of his or her superiors and of Legislators.

†††† 2.  The Director will also consider the personís:

†††† (a) Experience outside the field for which he or she is being considered;

†††† (b) Experience in the field for which he or she is being considered, including any training the person may have received; and

†††† (c) Inclusion on any list of names submitted by any professional organization, association or other group that has been approved by the Director.

†††† (Added to NAC by Depít of Commerce, eff. 4-30-92)

DEPARTMENT OF EMPLOYMENT, TRAINING AND REHABILITATION: REHABILITATION DIVISION

††††† NAC 232.210  Definitions. (NRS 232.945)  As used in NAC 232.210 to 232.330, inclusive, unless the context otherwise requires, the words and terms defined in NAC 232.220 and 232.240 have the meanings ascribed to them in those sections.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.220  ďAdministratorĒ defined. (NRS 232.945)  ďAdministratorĒ means the Administrator of the Division.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.240  ďDivisionĒ defined. (NRS 232.945)  ďDivisionĒ means the Rehabilitation Division of the Department of Employment, Training and Rehabilitation.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.300  Advisory opinion: Request for issuance; action by Administrator. (NRS 232.945, 233B.120)

†††† 1.  Except as otherwise provided in subsection 3, a person may request that the Administrator issue an advisory opinion concerning the applicability of a statute, regulation or decision of the Administrator.

†††† 2.  A request for an advisory opinion must be in writing and set forth:

†††† (a) The name and address of the person requesting the advisory opinion;

†††† (b) A clear and concise statement of the specific question for which the advisory opinion is being sought; and

†††† (c) A statement of the facts that support the advisory opinion being sought.

†††† 3.  A person may not request an advisory opinion concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

†††† 4.  The Administrator will review a request for an advisory opinion and issue a response within 30 days after receiving the request.

†††† 5.  An advisory opinion issued by the Administrator will be limited to the facts and circumstances set forth in the request.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.310  Advisory opinion: Oral response to request. (NRS 232.945, 233B.120)  The Administrator will not render an oral advisory opinion to a request for an advisory opinion. An oral response, including, without limitation, a response given over the telephone, by a member of the staff of the Administrator is not a decision or an official advisory opinion of the Administrator.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.320  Petition for declaratory order: Filing; contents; action by Administrator. (NRS 232.945, 233B.120)

†††† 1.  Except as otherwise provided in subsection 4, a person may file a petition with the Administrator requesting that the Administrator issue a declaratory order concerning the applicability of a statute, regulation or decision of the Administrator.

†††† 2.  A person who files a petition for a declaratory order must file with the Administrator the original and two copies of the petition.

†††† 3.  A petition for a declaratory order must include:

†††† (a) The name and address of the petitioner;

†††† (b) The reason for requesting the declaratory order;

†††† (c) A statement of the facts that support the petition for a declaratory order; and

†††† (d) A clear and concise statement of the question or matter to be decided by the Administrator.

†††† 4.  A person may not file a petition for a declaratory order concerning a question or matter that is an issue in a pending administrative, civil or criminal proceeding.

†††† 5.  The Administrator may refuse to review a petition that requests the issuance of a declaratory order if:

†††† (a) The original petition is not accompanied by two copies of the petition; or

†††† (b) The petition does not contain the information required by subsection 3.

†††† 6.  The Administrator may:

†††† (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the hearing.

†††† (b) Request that the petitioner provide additional information or arguments relating to the petition.

†††† (c) Issue a declaratory order based on the contents of the petition and any material submitted with the petition.

†††† (d) Consider relevant decisions that have been issued by the Administrator or any other entity which apply or interpret the statute, regulation or decision in question.

†††† (e) Consider any other information the Administrator determines is relevant to the question or matter to be decided by the Administrator.

†††† (f) Enter any reasonable order to assist his or her review of the petition.

†††† 7.  The Administrator will maintain a record of the declaratory order that is indexed by subject matter and will mail a copy of the declaratory order to the petitioner within 60 days after:

†††† (a) The petition is filed;

†††† (b) A hearing is conducted concerning the petition; or

†††† (c) Any additional information or written argument is received by the Administrator,

  whichever occurs later.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)

††††† NAC 232.330  Petition for adoption, filing, amendment or repeal of regulation: Filing; contents; action by Administrator. (NRS 232.945, 233B.100)

†††† 1.  Any person who wishes to petition for the adoption, filing, amendment or repeal of a regulation of the Administrator must file with the Administrator the original and two copies of the petition.

†††† 2.  A petition for the adoption, filing, amendment or repeal of a regulation must include:

†††† (a) The name and address of the petitioner;

†††† (b) A clear and concise statement, including, if applicable, the proposed language of the regulation to be adopted, filed, amended or repealed;

†††† (c) The reason for petitioning for the adoption, filing, amendment or repeal of the regulation; and

†††† (d) The statutory authority for the adoption, filing, amendment or repeal of the regulation.

†††† 3.  The Administrator may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if:

†††† (a) The original petition is not accompanied by two copies of the petition; or

†††† (b) The petition does not contain the information required by subsection 2.

†††† 4.  The Administrator will notify the petitioner in writing of his or her decision with regard to the petition within 30 days after the petition is filed.

†††† (Added to NAC by Rehabilitation Div. by R227-05, eff. 5-4-2006)