[Rev. 11/21/2013 3:54:29 PM--2013]

[NAC-233 Revised Date: 11-07]

CHAPTER 233 - NEVADA EQUAL RIGHTS COMMISSION

233.002††††††††††† Definitions.

233.003††††††††††† ďAdministratorĒ defined.

233.005††††††††††† ďCommissionĒ defined.

233.007††††††††††† ďPerson who conducts the hearingĒ defined.

233.008††††††††††† ďRespondentĒ defined.

233.010††††††††††† Scope of rules of practice.

233.020††††††††††† Construction; deviation from rules.

233.030††††††††††† Severability.

233.040††††††††††† Submission of information concerning alleged discrimination.

233.050††††††††††† Date of occurrence of discriminatory practice.

233.060††††††††††† Complaints: Submission; forms.

233.070††††††††††† Complaints: Contents; limitation upon receipt; amendment.

233.080††††††††††† Complaints: Action upon receipt; service on and action by respondent.

233.090††††††††††† Petition for reconsideration of dismissal of complaint.

233.100††††††††††† Withdrawal of complaint.

233.103††††††††††† Representation of parties.

233.105††††††††††† Informal meeting to attempt settlement.

233.110††††††††††† Investigation of discriminatory practices.

233.115††††††††††† Confidentiality of information gathered during investigation.

233.125††††††††††† Rules of evidence; informality of proceedings.

233.130††††††††††† Conciliation.

233.135††††††††††† Stipulations.

233.145††††††††††† Briefs.

233.150††††††††††† Consolidation of hearings.

233.155††††††††††† Continuances.

233.160††††††††††† Powers of persons who conduct hearings.

233.170††††††††††† Subpoenas.

233.180††††††††††† Depositions.

233.190††††††††††† Failure to appear at hearing; rehearings.

233.200††††††††††† Determination of person who conducts hearing.

233.210††††††††††† Decision of Commission.

233.215††††††††††† Record and transcripts of hearings.

233.220††††††††††† Closure of case; reopening of closed case.

233.250††††††††††† Petition for advisory opinion: Filing and contents; action by Commission.

233.260††††††††††† Petition for declaratory order: Filing and contents; action by Commission.

233.270††††††††††† Petition for adoption, filing, amendment or repeal of regulation: Filing and contents; action by Commission.

 

††††† NAC 233.002  Definitions. (NRS 233.150)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 233.003 to 233.008, inclusive, have the meanings ascribed to them in those sections.

†††† (Supplied in codification; A by Equal Rights Commín by R067-06, 11-16-2006)

††††† NAC 233.003  ďAdministratorĒ defined. (NRS 233.150)  ďAdministratorĒ means the Administrator of the Commission.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.005  ďCommissionĒ defined.  ďCommissionĒ means the Nevada Equal Rights Commission.

†††† (Supplied in codification)

††††† NAC 233.007  ďPerson who conducts the hearingĒ defined. (NRS 233.150)  ďPerson who conducts the hearingĒ means the Commission or a hearing commissioner or officer.

†††† (Added to NAC by Equal Rights Commín, eff. 6-22-94)

††††† NAC 233.008  ďRespondentĒ defined. (NRS 233.150)  ďRespondentĒ means a natural person or other person against whom a complaint which alleges an unlawful discriminatory practice is made.

†††† (Added to NAC by Equal Rights Commín, eff. 6-22-94)

††††† NAC 233.010  Scope of rules of practice. (NRS 233.150)  The provisions of this chapter govern practice and procedure before the Nevada Equal Rights Commission.

†††† [Equal Rights Commín, Rule 1.10, eff. 10-15-81]

††††† NAC 233.020  Construction; deviation from rules. (NRS 233.150)

†††† 1.  The Commission will liberally construe its rules of practice to secure just, speedy and economical determination of all issues before it.

†††† 2.  The Commission may permit deviation from its rules of practice where good cause appears.

†††† [Equal Rights Commín, Rules 1.11 & 1.12, eff. 10-15-81]

††††† NAC 233.030  Severability. (NRS 233.150)  If any provision of this chapter is held invalid, the Commission intends that such invalidity not affect the remaining provisions to the extent that they can be given effect.

†††† [Equal Rights Commín, Rule 1.13, eff. 10-15-81]

††††† NAC 233.040  Submission of information concerning alleged discrimination. (NRS 233.150)

†††† 1.  Any person may submit information to the Commission concerning alleged discrimination. Where the information discloses that a person is entitled to file a complaint with the Commission, the Commissionís staff shall render its assistance for the filing.

†††† 2.  A member of the Commission or its staff may also bring to the attention of the Commission information on which to base an investigation.

†††† [Equal Rights Commín, Rule 3.14, eff. 10-15-81]

††††† NAC 233.050  Date of occurrence of discriminatory practice. (NRS 233.150, 233.160)  If an unlawful discriminatory practice is of a continuing nature, the date of the occurrence of the practice shall be deemed to be any date after the commencement of the practice up to and including the date upon which the practice ceases.

†††† [Equal Rights Commín, Rule 3.10, eff. 10-15-81]

 

††††† NAC 233.060  Complaints: Submission; forms. (NRS 233.150, 233.157, 233.160)

†††† 1.  A complaint may be submitted to the Commission at its office in Las Vegas or Reno or submitted to any representative of the Commission.

†††† 2.  Forms for making complaints are available at the offices of the Commission. The Commissionís staff shall render appropriate assistance in filling out forms.

†††† [Equal Rights Commín, Rules 3.11 & 3.12, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.070  Complaints: Contents; limitation upon receipt; amendment. (NRS 233.150, 233.157, 233.160)

†††† 1.  Each complaint must contain:

†††† (a) The full name and mailing address of the person making the complaint;

†††† (b) The full name and mailing address of the respondent;

†††† (c) A clear and concise statement of the facts and allegations, including pertinent dates, which if true would support a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred; and

†††† (d) An affirmation that the allegations in the complaint are true, which must be signed by the complainant under penalty of perjury.

†††† 2.  The Commission must receive a complaint containing all the information required by subsection 1 within 10 working days after the date on which the Commission transmits a complaint form to the complainant.

†††† 3.  A complaint may be amended to:

†††† (a) Cure technical defects or omissions;

†††† (b) Clarify or amplify allegations; or

†††† (c) Allege additional unlawful discriminatory practices directly related to or growing out of the subject matter of the original complaint.

  Any such amendment relates back to the original filing date.

†††† 4.  A request to amend a complaint must be in writing and must be approved by the Administrator or his designee.

†††† [Equal Rights Commín, Rule 3.13, eff. 10-15-81]ó(NAC A 6-22-94; R067-06, 11-16-2006)

††††† NAC 233.080  Complaints: Action upon receipt; service on and action by respondent. (NRS 233.150, 233.157, 233.160)

†††† 1.  Upon receipt of a complaint alleging discrimination, the Commission will designate the complaint as one of the following types of cases:

†††† (a) Category A case. A complaint will be designated a category A case if:

††††††††† (1) Further investigation of the complaint will likely result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred; or

††††††††† (2) Irreparable harm will result if the processing of the complaint is not expedited.

†††† (b) Category B case. A complaint will be designated a category B case if the complaint appears to have merit but additional evidence is needed to determine whether further investigation would likely result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred.

†††† (c) Category C case. A complaint will be designated a category C case if the complaint appears to be without merit and it is not likely that further investigation will result in a finding that probable cause exists to believe that an unlawful discriminatory practice has occurred.

†††† 2.  If the complaint is designated a:

†††† (a) Category A case, the Administrator shall assign the case for further investigation or, upon the agreement of both parties, schedule an informal meeting to attempt to settle the case.

†††† (b) Category B case, the Administrator shall schedule an informal meeting with both parties to attempt to settle the case. If the case cannot be settled in the informal meeting, the Administrator shall assign the case for further investigation.

†††† (c) Category C case, the Administrator shall close the case and dismiss the complaint and shall, by mail, notify each party of the closure of the case and the dismissal of the complaint, including any finding or determination that was made regarding the case.

†††† 3.  Each complaint alleging discrimination that is filed with the Commission must be served on the respondent named in the complaint. If the complaint is designated a category A case or category B case, the respondent shall provide to the Commission a statement of his position and any other additional information relating to the complaint that is requested by the Commission.

†††† [Equal Rights Commín, Rules 2.10 & 4.11, eff. 10-15-81]ó(NAC A 6-22-94; R109-03, 10-30-2003)

††††† NAC 233.090  Petition for reconsideration of dismissal of complaint. (NRS 233.150, 233.157)

†††† 1.  A complainant may petition the Administrator or his designee for reconsideration of a dismissal of his complaint.

†††† 2.  The petition must:

†††† (a) Be in writing; and

†††† (b) State specifically the grounds upon which it is based.

†††† 3.  The petition must be filed in the office of the Commission within 15 days after the day on which the complainant received notice of the dismissal.

†††† 4.  If the complainant fails to comply with the provisions of this section, the Commission will dismiss his petition.

†††† [Equal Rights Commín, Rule 7.12, eff. 10-15-81]ó(NAC A 6-22-94; R067-06, 11-16-2006)

††††† NAC 233.100  Withdrawal of complaint. (NRS 233.150, 233.157)  A filed complaint or any part of it may be withdrawn pursuant to a written request by the complainant. The Commission will send written notice of such a withdrawal to each party who has been previously notified of the complaint.

†††† [Equal Rights Commín, Rule 7.10, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.103  Representation of parties. (NRS 233.150)

†††† 1.  During any stage of a matter before the Commission:

†††† (a) A party may represent himself;

†††† (b) A person designated by an employer may represent the employer;

†††† (c) The Administrator may represent himself;

†††† (d) A member of the staff of the Commission may represent himself; or

†††† (e) An attorney may represent any of the persons listed in paragraphs (a) to (d), inclusive.

†††† 2.  An attorney representing any of the persons listed in paragraphs (a) to (d), inclusive, in any matter before the Commission must:

†††† (a) Be an active member in good standing of the State Bar of Nevada or associated with such a member of the State Bar of Nevada; and

†††† (b) Before acting as the attorney for the person, submit to the Commission a letter which states that the attorney will represent the person in the matter.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.105  Informal meeting to attempt settlement. (NRS 233.150, 233.170)

†††† 1.  At an informal meeting to attempt a settlement of the case, the Commission or any of the participating parties may take verbatim notes. The informal meeting may not be recorded electronically.

†††† 2.  Statements which pertain to the allegations in the complaint or proposals for settlement may not be introduced as evidence of liability at a subsequent public hearing.

†††† 3.  During the informal meeting, each party is entitled to be heard personally or through counsel regarding the allegations in the complaint or to discuss settlement of the case. All questions and statements must be addressed to the Commission. Not more than three persons, including any attorney appearing as counsel, may participate in the informal meeting on behalf of either party.

†††† 4.  The parties must consent to the presence of nonparty representatives at the informal meeting, except the consent of the parties is not required for the presence of an attorney appearing as counsel for a party.

†††† 5.  Either party may waive the right to participate in the informal meeting. If either party fails to cooperate with the Commission in any matter concerning the informal meeting, the Commission will consider such a failure to cooperate a waiver of the right to participate in the informal meeting.

†††† 6.  The informal meeting may be conducted by means of a telephone conference or similar method of communication by which all persons participating in the meeting can hear each other. Participation in a meeting pursuant to this subsection constitutes presence in person at the meeting.

†††† [Equal Rights Commín, Rule 4.12, eff. 10-15-81]ó(NAC A 6-22-94; R067-06, 11-16-2006)

††††† NAC 233.110  Investigation of discriminatory practices. (NRS 233.150, 233.170)

†††† 1.  If the parties do not settle the case and the Administrator conducts an investigation into the alleged discriminatory practice, the Administrator may request any information from a party or witness that he deems necessary to conduct and conclude the investigation.

†††† 2.  During an investigation, the Administrator may apply to the Chairman of the Commission for the issuance of:

†††† (a) A subpoena duces tecum requiring the production of books, records, papers, documents or other tangible items which are relevant to the investigation; or

†††† (b) A subpoena requiring the attendance of a witness who is relevant to the investigation during the investigation.

†††† 3.  During an investigation, the Administrator may utilize the services of state and local agencies charged with the administration of housing and fair employment practices or the services of appropriate federal agencies. To the extent relevant, he may utilize information gathered by such agencies.

†††† 4.  As a part of each investigation, the respondent may:

†††† (a) Submit any evidence that the Administrator deems material or relevant to the investigation;

†††† (b) Identify any witness; or

†††† (c) Submit a statement from a witness.

†††† [Equal Rights Commín, Rule 4.10, eff. 10-15-81]ó(NAC A 6-22-94; 10-3-96; R109-03, 10-30-2003)

††††† NAC 233.115  Confidentiality of information gathered during investigation. (NRS 233.150, 233.190)

†††† 1.  Except as otherwise provided in NRS 233.190, all information gathered by the Commission during the course of an investigation of an alleged unlawful discriminatory practice in housing, employment or public accommodations is confidential.

†††† 2.  Pursuant to paragraph (b) of subsection 3 of NRS 233.190, the Commission will disclose the information it has gathered during the course of an investigation to the complainant and the person against whom the unlawful discriminatory practice is alleged if an action has been filed in a court of competent jurisdiction concerning the complaint. However, the Commission will not disclose this information unless the person seeking the information obtains a subpoena from the court in which the action is pending and pays any fees for the issuance or service of a subpoena required by the rules of procedure of the court which issued the subpoena.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.125  Rules of evidence; informality of proceedings. (NRS 233.150)

†††† 1.  In conducting an investigation, inquiry or hearing, the Commission is not bound by the technical rules of evidence and the informality in any proceeding or the manner or order of the taking of testimony does not invalidate any order, decision or regulation adopted, approved or confirmed by the Commission.

†††† 2.  Generally, the Commission will follow the rules of evidence used in the courts of this State, but the Commission, in its discretion, may relax those rules if deviation from those rules will aid in ascertaining the facts.

†††† 3.  To be admitted at a hearing, evidence must be material and relevant to the issues presented at the hearing.

†††† 4.  If a party at a hearing objects to the admissibility of evidence, the Commission may receive the evidence subject to any subsequent ruling of the Commission.

†††† 5.  The Commission may, with or without objection, exclude inadmissible, incompetent, cumulative or irrelevant evidence.

†††† 6.  If a party objects to the introduction of evidence, the party shall briefly state the grounds of the objection at the time the evidence is offered.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.130  Conciliation. (NRS 233.150, 233.170)

†††† 1.  In an attempt to mediate between the parties after an investigation and a finding of probable cause, the Administrator shall hold a meeting between the parties to attempt to achieve a just resolution to the controversy and obtain assurances that the respondent will eliminate the unlawful discriminatory practice. A disposition of a case pursuant to this subsection will be in writing, and notice thereof will be sent to the parties. The Commission may require such proof of compliance as it deems appropriate before the case is closed.

†††† 2.  The Commission may terminate its efforts toward conciliation and determine whether to close the case or to hold a public hearing on the matter if:

†††† (a) A complainant or respondent fails or refuses to:

††††††††† (1) Confer with the Commission or its representative; or

††††††††† (2) Make a good faith effort to resolve the dispute.

†††† (b) The attempt to conciliate the case pursuant to this section fails.

†††† [Equal Rights Commín, Rule 4.13, eff. 10-15-81]ó(NAC A 6-22-94; R109-03, 10-30-2003)

††††† NAC 233.135  Stipulations. (NRS 233.150)

†††† 1.  With the approval of the Commission, the parties may stipulate to any fact at issue by written stipulation introduced in evidence as an exhibit or by oral statements shown upon the record.

†††† 2.  Any stipulation is binding upon all parties to the stipulation and may be treated as evidence at the hearing.

†††† 3.  The Commission may demand proof by requiring evidence of facts stipulated.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.145  Briefs. (NRS 233.150)

†††† 1.  The Commission may order the parties to a hearing to file briefs, and the Commission may specify a time limit for the filing of those briefs.

†††† 2.  When a party to a hearing files a brief, the party must file three copies of the brief with the Commission.

†††† 3.  An acknowledgment of service or a certificate of mailing must accompany each brief to other parties of record.

†††† 4.  Following the filing of briefs and after deciding contested motions, the Commission may set the matter for oral argument and give reasonable notice to all parties.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.150  Consolidation of hearings. (NRS 233.150, 233.170)  At the request of any party or on the Commissionís own initiative, two or more public hearings may be consolidated when it appears that the issues are substantially the same and that the rights of the parties will not

 

be prejudiced by the consolidation. At a consolidated hearing, the person who conducts the hearing shall determine the order in which the parties introduce their evidence and the order in which they open and close their cases.

†††† [Equal Rights Commín, Rule 5.10, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.155  Continuances. (NRS 233.150, 233.170)  The Commission may, before or during a hearing, and on a proper showing, grant continuances for submission of further proof of any matter, or for any other just cause.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.160  Powers of persons who conduct hearings. (NRS 233.150)  For purposes of a public hearing which will result in the issuance of a determination or decision, the person who conducts the hearing may:

†††† 1.  Call and examine witnesses.

†††† 2.  Issue subpoenas.

†††† 3.  Take depositions and obtain discovery by other methods.

†††† 4.  Apply to the district court for enforcement of a subpoena which he has issued.

†††† 5.  Regulate the scheduling and conduct of hearings.

†††† 6.  Hold appropriate conferences before or during a hearing.

†††† 7.  Take any other action appropriate to the discharge of his duties.

†††† 8.  Exclude from a hearing any person whose conduct is contemptuous.

†††† [Equal Rights Commín, Rule 5.12, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.170  Subpoenas. (NRS 233.150)

†††† 1.  Before a public hearing, any party may apply to the Chairman of the Commission for the issuance of:

†††† (a) A subpoena to compel a witness to attend the hearing and give testimony; or

†††† (b) A subpoena duces tecum to require the production of books, papers, documents or tangible things.

†††† 2.  An application for the issuance of a subpoena must:

†††† (a) Be in writing;

†††† (b) Be notarized; and

†††† (c) Contain a statement that the testimony of the witness or contents of the requested documents are relevant and material to the issues.

†††† [Equal Rights Commín, Rule 5.13, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.180  Depositions. (NRS 233.150)

†††† 1.  The testimony of any material witness residing within or without the State may be taken by deposition in the manner prescribed by the Nevada Rules of Civil Procedure.

†††† 2.  In any proceeding before the Commission, the provisions of subsections (d) and (e) of Rule 26 of the Nevada Rules of Civil Procedure, insofar as the provisions are appropriate, apply to the use of depositions, any objections to their admissibility and the effect of taking or using depositions.

†††† [Equal Rights Commín, Rule 5.14, eff. 10-15-81]

††††† NAC 233.190  Failure to appear at hearing; rehearings. (NRS 233.150, 233.170)

†††† 1.  If a party fails to appear at a public hearing scheduled by the Commission and no continuance has been granted, the Commission may proceed to consider the matter and dispose of it on the basis of the evidence before it.

†††† 2.  Where, because of accident, illness or an unforeseen event that requires immediate attention, a party fails to appear at a public hearing scheduled by the Commission, he may, within 10 days after the scheduled hearing, apply to the Commission, hearing commissioner or officer to reopen the proceedings. Upon a finding of sufficient cause, the Commission may fix a time and place for a rehearing and give reasonable notice to all parties. At the rehearing, a party may testify and present evidence that is relevant and material to the issues. The Commission will deem testimony and other evidence introduced previously at the public hearing as part of the record and will consider this testimony and evidence in its final determination of the case.

†††† [Equal Rights Commín, Rule 5.15, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.200  Determination of person who conducts hearing. (NRS 233.150, 233.170)  After receiving all the evidence, the person who conducts the hearing shall make a determination whether or not the respondent has engaged in any unlawful discriminatory practice. The Commission will serve a copy of the determination upon the complainant and respondent within 10 days after the determination is made.

†††† [Equal Rights Commín, Rule 5.16, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.210  Decision of Commission. (NRS 233.150, 233.170)

†††† 1.  If a case is heard by a hearing commissioner or officer, the Commission will affirm, modify or reverse the determination of the hearing commissioner or officer and will notify the parties of its decision within 30 days after its review.

†††† 2.  The final decision will be made by a majority of the quorum of the members of the Commission present.

†††† 3.  If any commissioner has served as a hearing commissioner in a case, he is precluded from sitting on the review of the case.

†††† [Equal Rights Commín, Rules 5.17 & 5.18, eff. 10-15-81]ó(NAC A 6-22-94)

††††† NAC 233.215  Record and transcripts of hearings. (NRS 233.150)  The Commission will cause a record to be made of all formal hearings. If a party to a hearing wants a copy of the transcript of a hearing, the party may obtain it from the Commission upon payment of the proper fee.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.220  Closure of case; reopening of closed case. (NRS 233.150)

†††† 1.  A case may be closed if:

†††† (a) The Commission determines that the complainant is uncooperative in the settlement, investigation or determination of his case. For purposes of this paragraph, a complainant will be deemed uncooperative if:

††††††††† (1) The Commission cannot locate or communicate with the complainant at the mailing address provided in the complaint;

††††††††† (2) The complainant verbally or physically abuses or threatens a member of the Commission;

††††††††† (3) The complainant consistently misses appointments, meetings or hearings scheduled by the Commission; or

††††††††† (4) The complainant exhibits any other behavior that the Commission deems to hinder the resolution or determination of his case.

†††† (b) The complainant requests the Commission to close the case.

†††† (c) The parties settle the case.

†††† (d) The Commission finds that no probable cause exists to believe that an unlawful discriminatory practice has occurred.

†††† (e) The attempt to mediate between or reconcile the parties fails and the Commission determines that the facts of the case do not warrant a public hearing.

†††† (f) A party files a lawsuit involving any of the allegations in the complaint.

†††† (g) There is any other final disposition of the case.

†††† 2.  Any ground for early closure of a case must be documented and will be made a part of the file.

†††† 3.  The Administrator shall, by mail, notify each party of the closing of a case pursuant to this section.

†††† 4.  Unless a party shows good cause to reopen a case, the Commission will not reopen a case that was closed based on facts and allegations which are the same as or similar to those facts and allegations set forth in the original complaint.

†††† [Equal Rights Commín, Rule 7.11, eff. 10-15-81]ó(NAC A 6-22-94; R109-03, 10-30-2003; R067-06, 11-16-2006)

††††† NAC 233.250  Petition for advisory opinion: Filing and contents; action by Commission. (NRS 233.150, 233B.120)

†††† 1.  Except as otherwise provided in subsection 3, a person may petition the Commission for an advisory opinion concerning the applicability of a statute, regulation or decision of the Commission.

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

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

†††† (b) A clear and concise statement of the specific question that the petitioner wants the Commission to answer; and

†††† (c) A statement of the facts that relate to the question described in paragraph (b).

†††† 3.  A person may not file a petition for an advisory opinion concerning a question that is an issue in a pending administrative, civil or criminal proceeding in which the person is a party.

†††† 4.  The Commission may refuse to review a petition for an advisory opinion if the petition does not contain the information required by subsection 2.

†††† 5.  The Commission will review a petition for an advisory opinion and issue an advisory opinion within 30 days after the date on which the Commission received the petition.

†††† 6.  An advisory opinion issued by the Commission will be limited to the facts set forth in the petition.

†††† 7.  The Commission will not issue an oral advisory opinion. An oral response to a petition for an advisory opinion, including, without limitation, a response given over the telephone by a member of the staff of the Commission, is not a decision or an official advisory opinion of the Commission.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.260  Petition for declaratory order: Filing and contents; action by Commission. (NRS 233.150, 233B.120)

†††† 1.  Except as otherwise provided in subsection 3, a person may petition the Commission for a declaratory order concerning the applicability of a statute, regulation or decision of the Commission.

†††† 2.  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 clear and concise statement of the specific issue that the petitioner wants the Commission to decide; and

†††† (d) A statement of the facts that relate to the issue described in paragraph (c).

†††† 3.  A person may not file a petition for a declaratory order concerning an issue in a pending administrative, civil or criminal proceeding in which the person is a party.

†††† 4.  The Commission may refuse to review a petition for a declaratory order if the petition does not contain the information required by subsection 2.

†††† 5.  The Commission may:

†††† (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and issue reasonable orders to govern the conduct of a 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 any relevant decisions of the Commission or any other entity which applies or interprets the statute, regulation or decision in question.

†††† (e) Consider any other information that the Commission deems relevant to the issue the Commission is deciding.

†††† (f) Issue any reasonable order to assist the review of the petition.

†††† 6.  The Commission will mail a copy of the declaratory order to the petitioner within 60 days after the date on which:

†††† (a) The petition is filed;

†††† (b) The Commission conducts a hearing concerning the petition; or

†††† (c) The Commission receives any additional information or written argument,

  whichever occurs later.

†††† 7.  The Commission will maintain a record of all the declaratory orders the Commission issues, and the Commission will index each declaratory order by subject matter.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)

††††† NAC 233.270  Petition for adoption, filing, amendment or repeal of regulation: Filing and contents; action by Commission. (NRS 233.150, 233B.100)

†††† 1.  Pursuant to NRS 233B.100, any interested person may petition the Commission for the adoption, filing, amendment or repeal of any regulation.

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

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

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

†††† (c) The proposed language of the regulation to be adopted, filed, amended or repealed;

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

†††† (e) Any relevant data, views and arguments that support the petition for the adoption, filing, amendment or repeal of the regulation.

†††† 3.  The Commission may refuse to act upon a petition for the adoption, filing, amendment or repeal of a regulation if the petition does not include the information required by subsection 2.

†††† 4.  The Commission will notify the petitioner in writing of the Commissionís decision regarding the petition within 30 days after the date on which the petitioner filed the petition. If the Commission approves a petition for the adoption, filing, amendment or repeal of a regulation, the Commission will initiate regulation-making proceedings concerning that regulation within 30 days after the date on which the petitioner filed the petition.

†††† (Added to NAC by Equal Rights Commín by R067-06, eff. 11-16-2006)