Revises provisions relating to governmental administration. (BDR 18-1008)

(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT S.B. 340

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SENATE BILL NO. 340–SENATOR DALY

MARCH 12, 2025
____________

Referred to Committee on Government Affairs

SUMMARY—Revises provisions relating to governmental
administration. (BDR 18-1008)

FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

AN ACT relating to governmental administration; authorizing the
Legislative Commission to suspend or nullify certain
administrative regulations in certain circumstances;
revising provisions relating to judicial review of certain
administrative regulations in certain circumstances;
revising provisions re lating to certain administrative
regulations and procedures; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Under the separation -of-powers provision of the Nevada Constitution, one 1
department of the State Government may not exercise powers properly belonging to 2
another department of the State Government “except in the cases expressly directed 3
or permitted in this constitution.” (Nev. Const. Art. 3, § 1) As a general rule under 4
the separation -of-powers doctrine, because the question of whether a regulation 5
adopted by an executive agency exceeds its statutory authority or is inconsistent 6
with legislative intent presents a question of statutory interpretation, the power to 7
resolve that question of statutory interpretation and determine whether to invalidate 8
or nullify the regulation is usually regarded as judicial power because “it is 9
emphatically the province and duty of the judicial department to say what the law 10
is.” (Nevadans for Nev. v. Beers , 122 Nev. 930, 943 n.20 (2 006) (quoting Marbury 11
v. Madison , 3 U.S. 137, 177 -78 (1803)); Berkson v. LePome , 126 Nev. 492, 499 12
(2010) (explaining that “[t]o declare what the law is or has been is judicial power; 13
to declare what the law shall be is legislative.” (quoting 1 Thomas M. C ooley, 14
Constitutional Limitations 191 (8th ed. 1927)); Silver State Elec. Supply Co. v. 15
State ex rel. Dep’t of Tax’n , 123 Nev. 80, 84 (2007) (“appeals involving 16
interpretation of a statute or regulation present questions of law subject to our 17
independent review.”)) 18
For example, in applying the separation -of-powers doctrine to the Federal 19
Government and other state governments, courts have found that the separation -of-20

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powers doctrine ordinarily prohibits legislative committees or other legislative 21
bodies from exercising the power to nullify a regulation adopted by an executive 22
agency on the basis that the regulation exceeds the statutory authority of the agency 23
or is inconsistent with legislative intent, unless Congress or the state legislature 24
passes a law that expressly nullifies the regulation or revises or repeals the agency’s 25
statutory authority. ( I.N.S. v. Chadha , 462 U.S. 919, 953 n.16 (1983); State v. 26
A.L.I.V.E. Voluntary , 606 P.2d 769, 772 -79 (Alaska 1980); Legis. Research 27
Comm’n v. Brown , 664 S.W.2d 907, 917-20 (Ky. 1984); Blank v. Dep’t of Corr. , 28
611 N.W.2d 530, 537 -39 (Mich. 2000); General Assembly of N.J. v. Byrne , 448 29
A.2d 438, 443 -49 (N.J. 1982); State ex rel. Barker v. Manchin , 279 S.E.2d 622, 30
630-36 (W. Va. 1981)) 31
However, in Nevada, the vote rs in 1996 approved a constitutional amendment 32
to Nevada’s separation -of-powers provision which expressly empowers the 33
Legislature to provide by law for legislative agencies and legislative bodies 34
composed of members of the Senate and Assembly to suspend o r nullify 35
regulations adopted by executive agencies on the basis that the regulations exceed 36
the statutory authority of the agencies or are inconsistent with legislative intent. The 37
constitutional amendment provides that if the Legislature authorizes the adoption of 38
regulations by executive agencies which bind persons outside the agencies, the 39
Legislature is authorized to enact laws providing for: (1) the review of such 40
regulations by a legislative agency before their effective date to determine whether 41
each such regulation is within the statutory authority for its adoption; (2) the 42
suspension by a legislative agency of any such regulation which appears to exceed 43
the statutory authority for its adoption until the regulation is reviewed by a 44
legislative body composed of members of the Senate and Assembly; and (3) the 45
nullification of any such regulation by a majority vote of a legislative body 46
composed of members of the Senate and Assembly. (Nev. Const. Art. 3, § 1) When 47
the constitutional amendment was presen ted to the voters, the ballot materials 48
explained that its purpose was to ensure that the Legislative Department had the 49
specific constitutional power to suspend or nullify regulations adopted by executive 50
agencies which exceed the statutory authority gran ted by the Legislature when it 51
passed the laws that authorized the agencies to adopt the regulations. ( State of 52
Nevada Ballot Questions 1996 , Question No. 5, at pp. 1 -2 (Nev. Sec’y of State 53
1996)) 54
When the Nevada Constitution expressly grants specific pow ers to the 55
Legislative Department, the other departments may not infringe upon the exercise 56
of those powers out of respect for an equal and coordinate department of 57
government. ( Heller v. Legislature , 120 Nev. 456, 466 -72 (2004); Comm’n on 58
Ethics v. Hardy , 125 Nev. 285, 291 -94 (2009)) For example, the Nevada Supreme 59
Court has determined that because the Nevada Constitution expressly grants to each 60
legislative House the specific power to “judge” the qualifications, returns and 61
elections of its own members, t he constitutional assignment of that power to the 62
Legislative Department “insulates a legislator’s qualifications to hold office from 63
judicial review. In other words, a legislative body’s decision to admit or expel a 64
member is almost unreviewable by the co urts.” ( Heller v. Legislature , 120 Nev. 65
456, 466 -67 (2004)) Because Nevada’s voters expressly granted specific 66
constitutional power to the Legislature to provide by law for legislative agencies 67
and legislative bodies composed of members of the Senate and A ssembly to 68
suspend or nullify regulations adopted by executive agencies, the other departments 69
may not infringe upon the exercise of that power out of respect for an equal and 70
coordinate department of government. Section 1 of this bill expresses the 71
Legislature’s findings and declaration regarding its exercise of its expressly granted 72
and specific constitutional power to suspend or nullify such regulations. 73
In exercising its expressly granted and specific constitutional power regarding 74
agency regulations, the Legislature has enacted provisions of the Nevada 75

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Administrative Procedure Act which set forth the procedures for the adoption of 76
emergency, temporary and permanent regulations by certain executive agencies. 77
(NRS 233B.0395 -233B.120) Under existing law, with limited exceptions, the 78
Legislative Commission or the Subcommittee to Review Regulations of the 79
Legislative Commission has the authority to review and to approve or object to 80
certain temporary or permanent regulations before those regulations become 81
effective. (NRS 233B.067-233B.070) 82
Section 3 of this bill authorizes a person or an executive agency to submit a 83
petition requesting the Legislative Commission to review whether a permanent or 84
temporary regulation adopted pursuant to the Nevada Administrative Procedure Act 85
should be suspended or nullified because the regulation: (1) exceeds the statutory 86
authority for its adoption; (2) is inconsistent with the intent of the Legislature in 87
granting the statutory authority for its adoption; or (3) is not bein g administered or 88
interpreted in a manner that is consistent with the agency’s stated intent when 89
adopting the regulation or the agency’s stated intent during the review and approval 90
of the regulation by the Legislative Commission. In addition, section 16 of this bill 91
authorizes a court to order the plaintiff in an action for a declaratory judgment to 92
submit a petition to the Legislative Commission pursuant to section 3 if all or any 93
part of the action relates to whether a regulation violates statutory prov isions or 94
exceeds the statutory authority of an agency. Section 3: (1) establishes procedures 95
for the review and consideration of such petitions; (2) authorizes the Legislative 96
Commission to suspend or nullify a regulation based on certain grounds raised i n 97
such petitions; and (3) requires certain actions to be taken after a suspension or 98
nullification. Additionally, sections 3 and 5 of this bill preclude judicial review of 99
any action taken or determination made by the Legislative Commission in 100
exercising its powers to review, object to, suspend or nullify a regulation. Sections 101
5, 10, 11, 15 and 16 of this bill make conforming changes relating to the authority 102
of the Legislative Commission to suspend or nullify a regulation. 103
Section 4 of this bill requires the Legislative Commission to adopt such 104
regulations as are necessary to carry out the provisions of the Nevada 105
Administrative Procedure Act governing administrative regulations. Section 4 also 106
requires the regulations to: (1) include procedural standards that provide interested 107
persons with an opportunity to comment on issues raised in a petition and whether 108
the regulation should be suspended or nullified; and (2) be included in the Nevada 109
Administrative Code. 110
Existing law excludes the application of cer tain agency policies to a person 111
with sufficient prior actual notice of the policy from the definition of “regulation” 112
for the purposes of the Nevada Administrative Procedure Act. (NRS 233B.038) 113
Section 6 of this bill removes this exception, which has the effect of requiring such 114
policies to be adopted in a regulation under the Nevada Administrative Procedure 115
Act. 116
Existing law ratifies the Nevada Administrative Code as revised or 117
supplemented before May 15, 1987. (NRS 233B.0395) Section 7 of this bill ratifies 118
the Code as revised or supplemented before February 3, 2025. 119
Existing law requires an agency to adopt a proposed regulation not later than 2 120
years after the proposed regulation is submitted to the Legislative Counsel. (NRS 121
233B.040) Section 8 of this bill requires an agency to also submit the proposed 122
regulation to the Legislative Commission for review within the same 2-year period. 123
Existing law requires an agency to hold an oral public hearing on a proposed 124
regulation if an oral hearing is requested by certain persons and the proposed 125
regulation is substantive. (NRS 233B.061) Section 9 of this bill eliminates the 126
requirement regarding the substantiveness of the regulation, which has the effect of 127
requiring an oral hearing on all proposed regulations. 128
Under existing law, the Legislative Counsel is required to prepare and publish a 129
Register of Administrative Regulations, which includes information relating to 130

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adopted permanent regulations. (NRS 233B.0653) Section 12 of this bill eliminates 131
the requirement that the Legislative Counsel publish paper copies of the Register 132
and instead requires the Legislative Counsel to publish the Register electronically 133
on the public Internet website of the Legislature. 134
An emergency regulation becomes effective when cer tain documents are filed 135
with the Secretary of State. (NRS 233B.070) Sections 10 and 14 of this bill require 136
a copy of the written statement of the emergency endorsed by the Governor to be 137
included with the information that is required be filed with the Se cretary of State 138
before an emergency regulation becomes effective. 139
Existing law authorizes a plaintiff to bring an action for declaratory judgment 140
on an allegation that a regulation, or its proposed application, interferes with or 141
impairs, or threatens to interfere with or impair, the legal rights or privileges of the 142
plaintiff. Under existing law, a court is required to declare the regulation invalid if 143
it finds that the regulation violates constitutional or statutory provisions or exceeds 144
the statutory authority of the agency that adopted the regulation. (NRS 233B.110) 145
In determining whether a regulation violates statutory provisions or exceeds the 146
statutory authority of an agency, the Nevada Supreme Court has held that “courts 147
should not substitute thei r own construction of a statutory provision for a 148
reasonable interpretation made by an agency.” ( Collins Disc. Liquors & Vending v. 149
State, Dep’t of Tax’n , 106 Nev. 766, 768 (1990)) The Nevada Supreme Court has 150
also held that “the interpretation by the agency charged with administering a statute 151
is persuasive, and that great deference should be given to that interpretation if it is 152
within the language of the statute.” ( Nev. Tax Comm’n v. Nev. Cement Co. , 117 153
Nev. 960, 968-69 (2001)) 154
However, because the Nevada Administrative Procedure Act does not include 155
any specific provisions regarding whether any deference should be given to the 156
Legislative Commission’s approval of a regulation, the Nevada Supreme Court has 157
declined to give any deference to the Legisl ative Commission’s approval of the 158
regulation, even though such approval includes the Legislative Commission’s legal 159
determination that the regulation conforms to the statutory authority pursuant to 160
which it was adopted and carries out the Legislature’s in tent in granting that 161
authority. (Killebrew v. State ex rel. Donahue, 139 Nev. Adv. Op. No. 43, 535 P.3d 162
1167, 1173 n.4 (2023) (“The Legislative Commission, as amicus curiae, urges us to 163
give deference to its approval of the regulation and to review whether the regulation 164
is reasonable as a matter of law. We decline the invitation to alter our statutorily 165
mandated review of a regulation.”)) 166
Section 16 amends the Nevada Administrative Procedure Act to provide that in 167
any action where the court must determin e whether a regulation violates statutory 168
provisions or exceeds the statutory authority of an agency and the Legislative 169
Commission or the Subcommittee to Review Regulations has approved the 170
regulation under the Nevada Administrative Procedure Act, the cou rt: (1) must not 171
substitute its judgment for the legal determination of the Legislative Commission or 172
the Subcommittee to Review Regulations, made through its legislative approval of 173
the regulation, that the regulation conforms to the statutory authority p ursuant to 174
which it was adopted and carries out the Legislature’s intent in granting that 175
authority; (2) must make every reasonable effort and indulge in every reasonable 176
presumption to uphold that legislative legal determination and must resolve any 177
ambiguity, uncertainty or doubt against the plaintiff and in favor of that legislative 178
legal determination; and (3) must give great weight and deference to that legislative 179
legal determination and must uphold that legislative legal determination if it is 180
reasonable as a matter of law. Section 13 of this bill makes conforming changes. 181

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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. 1. The Legislature hereby finds that: 1
(a) Under the separation -of-powers provision of S ection 1 of 2
Article 3 of the Nevada Constitution, one department of the State 3
Government may not exercise powers properly belonging to another 4
department of the State Government except in cases expressly 5
directed or permitted in the Nevada Constitution. 6
(b) In 1996, Nevada’s voters approved a constitutional 7
amendment to the separation -of-powers provision which expressly 8
empowers the Legislature to provide by law for legislative agencies 9
and legislative bodies composed of members of the Senate and 10
Assembly to suspend or nullify regulations adopted by executive 11
agencies on the basis that the regulations exceed the statutory 12
authority of the agencies or are inconsistent with legislative intent. 13
(c) When the constitutional amendment was presented to the 14
voters, the ballot materials explained that its purpose was to ensure 15
that the Legislative Department had the specific constitutional 16
power to suspend or nullify regulations adopted by executive 17
agencies which exceed the statutory authority granted by the 18
Legislature when it passed the laws that authorized the agencies to 19
adopt the regulations. 20
(d) Because Nevada’s voters expressly granted specific 21
constitutional power to the Legislature to provide by law for 22
legislative agencies and legislative bodies composed of members of 23
the Senate and Assembly to suspend or nullify regulations adopted 24
by executive agencies, the other departments may not infringe upon 25
the exercise of that power out of respect for an equal and coordinate 26
department of government. 27
(e) When exe cutive agencies adopt regulations which exceed 28
their statutory authority or are inconsistent with legislative intent, 29
the regulations thwart and undermine the will of the people who, 30
through their elected representatives in the Legislature, determine by 31
properly enacted laws the scope and extent of the authority granted 32
to executive agencies to adopt regulations. 33
(f) When a regulation adopted by an executive agency is alleged 34
to exceed the statutory authority or to be inconsistent with 35
legislative intent, the issue should be resolved by legislative 36
agencies and legislative bodies composed of members of the Senate 37
and Assembly under the exclusive power expressly granted by 38
Nevada’s voters to suspend or nullify regulations adopted by 39
executive agencies. 40
2. The Legislature hereby declares that there is a legitimate and 41
compelling need to exercise its expressly granted and specific 42

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constitutional power under Section 1 of Article 3 of the Nevada 1
Constitution, in the manner set forth in the provisions of this ac t, in 2
order to: 3
(a) Provide by law for legislative agencies and legislative bodies 4
composed of members of the Senate and Assembly to suspend or 5
nullify regulations adopted by executive agencies which exceed 6
their statutory authority or are inconsistent wi th legislative intent; 7
and 8
(b) Protect and safeguard the rights of people against such 9
unlawful and invalid regulations. 10
Sec. 2. Chapter 233B of NRS is hereby amended by adding 11
thereto the provisions set forth as sections 3 and 4 of this act. 12
Sec. 3. 1. In addition to a petition that is required to be 13
submitted pursuant to NRS 233B.110, a person or adopting 14
agency may submit a petition pursuant to this section requesting 15
that the Legislative Commission review whether any permanent or 16
temporary regulation that has been filed with the Secretary of 17
State pursuant to NRS 233B.070 should be suspended or nullified, 18
in whole or in part, based on one or more of the following 19
grounds: 20
(a) The regulation exceeds the statutory authority pursuant to 21
which the regulation was adopted; 22
(b) The regulation does not carry out the intent of the 23
Legislature in granting the statutory authority pursuant to which 24
the regulation was adopted; or 25
(c) The regulation is not being administered or interpreted by 26
the adopting agency in a manner consistent with the stated intent 27
of the agency when adopting the regulation or during the review 28
and approval of the regulation by the Legislative Commission. 29
2. In order to submit a petition pursuant to this section, the 30
person or adopting agency must submit the petition to the 31
Legislative Counsel in a format prescribed by the Legislative 32
Counsel. The petition must contain sufficient allegations and 33
arguments regardin g the issues, including citations to relevant 34
legal authorities, to provide for meaningful review of whether the 35
regulation should be suspended or nullified based on one or more 36
of the grounds set forth in subsection 1. 37
3. If a petition is properly submi tted to the Legislative 38
Counsel, the Chair of the Legislative Commission shall submit the 39
petition to the Subcommittee to Review Regulations. The 40
Subcommittee to Review Regulations shall review the petition in 41
consultation with the Legislative Counsel and make a 42
recommendation to the Chair of the Legislative Commission 43
regarding whether the Chair should schedule the matter for a 44
meeting of the Legislative Commission. 45

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4. After receipt of the recommendation made by the 1
Subcommittee to Review Regulations pursuant to subsection 3, the 2
Chair of the Legislative Commission may: 3
(a) Schedule the matter for a meeting of the Legislative 4
Commission if the Chair determines that the petition contains 5
sufficient allegations and arguments regarding the issues, 6
including citations to relevant legal authorities, to provide for 7
meaningful review of whether the regulation should be suspended 8
or nullified based on one or more of the grounds set forth in 9
subsection 1; or 10
(b) Decline to schedule the matter for a meeting of the 11
Legislative Commission if the Chair determines that the petition: 12
(1) Does not contain sufficient allegations or arguments 13
regarding the issues, including citations to relevant legal 14
authorities, to provide for meaningful review of whether the 15
regulation should be suspended or nullified based on one or more 16
of the grounds set forth in subsection 1; 17
(2) Does not warrant review by the Legislative Commission 18
because it contains substantially the same or similar allegations or 19
arguments regarding the issue s presented in previous petitions 20
submitted pursuant to this section; or 21
(3) Does not warrant review by the Legislative Commission 22
for any other reason. 23
5. If the Chair of the Legislative Commission declines to 24
schedule the matter for a meeting of the Legislative Commission, 25
the Legislative Counsel shall provide written notice of the 26
determination to the petitioner. 27
6. If the Chair of the Legislative Commission decides to 28
schedule the matter for one or more meetings of the Legislative 29
Commission, the Legislative Counsel shall, at least 30 days before 30
the initial meeting to review the petition, provide the petitioner 31
and, if the petitioner is not the adopting agency, the adopting 32
agency with written notice of the meeting which includes, without 33
limitation: 34
(a) A copy of the petition submitted pursuant to subsection 1; 35
(b) A copy of the regulation that will be considered at the 36
initial meeting; and 37
(c) A summary of the issues to be determined at the initial 38
meeting that could result in the suspension o r nullification of the 39
regulation. The summary of the issues provided pursuant to this 40
paragraph: 41
(1) Must include sufficient information to allow the 42
petitioner and, if the petitioner is not the adopting agency, the 43
adopting agency to prepare for the initial meeting. 44

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(2) Does not preclude the Legislative Commission from 1
considering any other issues at the initial or any subsequent 2
meeting to review the petition that could result in the suspension 3
or nullification of the regulation. 4
7. At the initial meeting to review the petition, the Chair of 5
the Legislative Commission shall provide the petitioner and, if the 6
petitioner is not the adopting agency, the adopting agency with an 7
opportunity to present comment on the issues raised in the petition 8
and whet her the regulation should be suspended or nullified, 9
subject to any reasonable requirements and restrictions on such 10
presentations. 11
8. At the initial or any subsequent meeting to review the 12
petition, the Legislative Commission may suspend or nullify the 13
regulation, in whole or in part, if the Legislative Commission 14
determines that the regulation: 15
(a) Exceeds the statutory authority pursuant to which the 16
regulation was adopted; 17
(b) Does not carry out the intent of the Legislature in granting 18
the statutor y authority pursuant to which the regulation was 19
adopted; or 20
(c) Is not being administered or interpreted by the adopting 21
agency in a manner consistent with the stated intent of the agency 22
when adopting the regulation or during the review and approval of 23
the regulation by the Legislative Commission. 24
9. If the Legislative Commission takes action to suspend or 25
nullify a regulation, in whole or in part, pursuant to this section, 26
the Legislative Counsel shall, as soon as practicable after such 27
action, provid e the Secretary of State and the adopting agency 28
with written notice of: 29
(a) The suspension of the regulation or any part of the 30
regulation and when the suspension becomes effective and when it 31
expires; or 32
(b) The nullification of the regulation or any p art of the 33
regulation and when the nullification becomes effective. 34
10. As soon as practicable after the Legislative Counsel 35
provides the Secretary of State and the adopting agency with 36
written notice of the nullification of a regulation or any part of the 37
regulation pursuant to this section: 38
(a) The Legislative Counsel shall remove the nullified 39
regulation or part of the regulation from the Nevada 40
Administrative Code; and 41
(b) The adopting agency shall remove the nullified regulation 42
or part of the regu lation from any agency publications, notices or 43
other documents made available to the public or provided to 44
persons regulated by the agency. 45

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11. Any action taken or determination made by the 1
Legislative Commission or the Chair of the Legislative 2
Commission pursuant to this section, including, without 3
limitation, any action or determination to suspend or nullify a 4
regulation, in whole or in part, is final and is not subject to 5
judicial review. 6
12. As used in this section: 7
(a) “Adopting agency” means the agency that adopted the 8
regulation or any successor agency that administers the 9
regulation. 10
(b) “Subcommittee to Review Regulations” means the 11
Subcommittee to Review Regulations appointed pursuant to 12
subsection 6 of NRS 233B.067. 13
Sec. 4. 1. The Legislative Commission shall adopt such 14
regulations as are necessary to carry out the provisions of this 15
section and NRS 233B.0395 to 233B.120, inclusive, and section 3 16
of this act. The Legislative Commission’s adoption of such 17
regulations is exempted from the requirements of this chapter and 18
is final and is not subject to judicial review. 19
2. For meetings of the Legislative Commission relating to a 20
petition requesting the suspension or nullification of a regulation 21
pursuant to se ction 3 of this act, the regulations adopted by the 22
Legislative Commission pursuant to this section must establish 23
procedural standards that provide persons who are regulated by or 24
otherwise interested in the regulation with an opportunity to 25
present comment on the issues raised in the petition and whether 26
the regulation should be suspended or nullified, subject to any 27
reasonable requirements and restrictions on such presentations. 28
3. The Legislative Counsel shall include the regulations 29
adopted by the Le gislative Commission pursuant to this section in 30
the Nevada Administrative Code. 31
Sec. 5. NRS 233B.020 is hereby amended to read as follows: 32
233B.020 1. By this chapter, the Legislature intends to 33
establish [minimum] procedural requirements for : 34
(a) Except as otherwise provided in paragraph (b), the 35
regulation-making and adjudication procedure of all agencies of the 36
Executive Department of the State Government and for judicial 37
review of both functions, except as to those agencies expressly 38
exempted pursuant to the provisions of this chapter. 39
(b) The exercise by the Legislative Commission of the power to 40
review, object to, suspend or nullify a regulation as authorized by 41
Section 1 of Article 3 of the Nevada Constitu tion and NRS 42
233B.0395 to 233B.120, inclusive, and sections 3 and 4 of this act, 43
except that the exercise of such a power by the Legislative 44
Commission is final and not subject to judicial review. 45

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2. This chapter confers no additional regulation -making 1
authority upon any agency except to the extent provided in 2
subsection 1 of NRS 233B.050. 3
[2.] 3. The provisions of this chapter are intended to 4
supplement statutes applicable to specific agencies. This chapter 5
does not abrogate or limit additional require ments imposed on such 6
agencies by statute or otherwise recognized by law. 7
Sec. 6. NRS 233B.038 is hereby amended to read as follows: 8
233B.038 1. “Regulation” means: 9
(a) An agency rule, standard, directive or statement of general 10
applicability which effectuates or interprets law or policy, or 11
describes the organization, procedure or practice requirements of 12
any agency; 13
(b) A proposed regulation; 14
(c) The amendment or repeal of a prior regulation; and 15
(d) The general ap plication by an agency of a written policy, 16
interpretation, process or procedure to determine whether a person is 17
in compliance with a federal or state statute or regulation in order to 18
assess a fine, monetary penalty or monetary interest. 19
2. The term does not include: 20
(a) A statement concerning only the internal management of an 21
agency and not affecting private rights or procedures available to the 22
public; 23
(b) A declaratory ruling; 24
(c) An intraagency memorandum; 25
(d) A manual of internal policies and procedures or audit 26
procedures of an agency which is used solely to train or provide 27
guidance to employees of the agency and which is not used as 28
authority in a contested case to determine whether a person is in 29
compliance with a federal or state statute or regulation; 30
(e) An agency decision or finding in a contested case; 31
(f) An advisory opinion issued by an agency that is not of 32
general applicability; 33
(g) A published opinion of the Attorney General; 34
(h) An interpretation of an agency that has statutor y authority to 35
issue interpretations; 36
(i) Letters of approval, concurrence or disapproval issued in 37
relation to a permit for a specific project or activity; 38
(j) A contract or agreement into which an agency has entered; 39
(k) The provisions of a federal law, regulation or guideline; 40
(l) An emergency action taken by an agency that is necessary to 41
protect public health and safety; 42
(m) [The application by an agency of a policy, interpretation, 43
process or procedure to a person who has sufficient prior actual 44
notice of the policy, interpretation, process or procedure to 45

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determine whether the person is in compliance with a federal or 1
state statute or regulation in order to assess a fine, monetary penalty 2
or monetary interest; 3
(n)] A regulation concerning the use of public roads or facilities 4
which is indicated to the public by means of signs, signals and other 5
traffic-control devices that conform with the manual and 6
specifications for a uniform system of official traffic-control devices 7
adopted pursuant to NRS 484A.430; 8
[(o)] (n) The classification of wildlife or the designation of 9
seasons for hunting, fishing or trapping by regulation of the Board 10
of Wildlife Commissioners pursuant to the provisions of title 45 of 11
NRS; or 12
[(p)] (o) A technical bulletin prepared pursuant to NRS 360.133. 13
Sec. 7. NRS 233B.0395 is hereby amended to read as follows: 14
233B.0395 The Nevada Administrative Code as most recently 15
revised or supplemented before [May 15, 1987,] February 3, 2025, 16
and the text of those regulations which have been prepared by the 17
Legislative Counsel for inclusion in the Nevada Administrative 18
Code on or before [May 15, 1987,] February 3, 2025, but have not 19
been included, are hereby ratified. 20
Sec. 8. NRS 233B.040 is hereby amended to read as follows: 21
233B.040 1. To the extent authorized by the statutes 22
applicable to it, each agency may adopt reasonable regulations to aid 23
it in carrying out the functions assigned to it by law and shall adopt 24
such regulations as are necessary to the proper execution of those 25
functions. If adopted and filed in accordance with the provisions of 26
this chapter, the following regulations have the force of law and 27
must be enforced by all peace officers: 28
(a) The Nevada Administrative Code; and 29
(b) Temporary and emergency regulations. 30
 In every instance, the power to adopt regulations to carry out a 31
particular function is limited by the terms of the grant of authority 32
pursuant to which the function was assigned. 33
2. Every regulation adopted by an agency must include: 34
(a) A citation of the authority pursuant to which it, or any part of 35
it, was adopted; and 36
(b) The address of the agency and, to the extent not elsewhere 37
provided in the regulation, a brief explana tion of the procedures for 38
obtaining clarification of the regulation or relief from the strict 39
application of any of its terms, if the agency is authorized by a 40
specific statute to grant such relief, or otherwise dealing with the 41
agency in connection with the regulation. 42
3. An agency may adopt by reference in a regulation material 43
published by another authority in book or pamphlet form if: 44

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(a) It files one copy of the publication with the Secretary of 1
State and one copy with the State Library, Archives a nd Public 2
Records Administrator, and makes at least one copy available for 3
public inspection with its regulations; and 4
(b) The reference discloses the source and price for purchase of 5
the publication. 6
 An agency shall not attempt to incorporate any other material in a 7
regulation by reference. 8
4. An agency shall adopt and submit a proposed regulation to 9
the Legislative Commission for review not later than 2 years after 10
the date on which the proposed regulation is submitted to the 11
Legislative Counsel purs uant to subsection 1 of NRS 233B.063. If 12
an agency does not adopt and submit a proposed regulation to the 13
Legislative Commission for review within the time prescribed by 14
this subsection, the executive head of the agency shall appear 15
personally before the L egislative Commission and explain why the 16
proposed regulation has not been adopted [.] and submitted to the 17
Legislative Commission for review. 18
Sec. 9. NRS 233B.061 is hereby amended to read as follows: 19
233B.061 1. All interested persons must be afforded a 20
reasonable opportunity to submit data, views or arguments upon a 21
proposed regulation, orally or in writing. 22
2. Before holding the public hearing required pursuant to 23
subsection 3, an agency shall conduct at least one workshop to 24
solicit comments from interested persons on one or more general 25
topics to be addressed in a proposed regulation, except that a 26
workshop is not required if it is the second or subsequent hearing on 27
the regulation. Not less than 15 days before t he workshop, the 28
agency shall provide notice of the time and place set for the 29
workshop: 30
(a) In writing to each person who has requested to be placed on 31
a mailing list; and 32
(b) In any other manner reasonably calculated to provide such 33
notice to the gener al public and any business that may be affected 34
by a proposed regulation which addresses the general topics to be 35
considered at the workshop. 36
3. [With respect to substantive regulations, the ] The agency 37
shall set a time and place for an oral public heari ng, but if no one 38
appears who will be directly affected by the proposed regulation and 39
requests an oral hearing, the agency may proceed immediately to act 40
upon any written submissions. The agency shall consider fully all 41
written and oral submissions respecting the proposed regulation. 42
4. An agency shall not hold the public hearing required 43
pursuant to subsection 3 on the same day that the agency holds the 44
workshop required pursuant to subsection 2. 45

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- *SB340_R1*
5. Each workshop and public hearing required pursuant to 1
subsections 2 and 3 must be conducted in accordance with the 2
provisions of chapter 241 of NRS. 3
Sec. 10. NRS 233B.0613 is hereby amended to read as 4
follows: 5
233B.0613 1. If an agency determines that an emergency 6
exists [,] and wants to adopt an emergency regulation, it shall 7
submit to the Governor the original copy of the proposed 8
emergency regulation with a written statement of the emergency 9
which sets forth the reasons for [the] its determination [. If] that an 10
emergency exists. 11
2. Except as otherwise provided in this section, if the 12
Governor endorses the statement of the emergency by written 13
endorsement at the end of the full text of the statement of the 14
emergency on the original copy of [a] the proposed regulation, the 15
emergency regulation may be adopted and become effective 16
immediately upon its being filed in the Office of the Secretary of 17
State pursuant to subsection 3 of NRS 233B.070. The statement of 18
the emergency endorsed by the Governor must be included as a p art 19
of the emergency regulation for all purposes. 20
[2.] 3. If practicable, the agency shall, not later than 9 a.m. on 21
the first working day before the date on which the emergency 22
regulation is filed in the Office of the Secretary of State pursuant to 23
subsection 3 of NRS 233B.070, make the emergency regulation 24
available to the public by: 25
(a) Providing a copy of the emergency regulation to a member 26
of the public upon request; and 27
(b) Making a copy of the emergency regulation available on its 28
website on the Internet, if any. 29
[3.] 4. If practicable, the agency shall, not later than 9 a.m. on 30
the first working day before the date of any hearing at which the 31
agency considers the emergency regulation, make the version of 32
the proposed emergency regulation that will be considered at the 33
hearing available to the public by: 34
(a) Providing a copy of the proposed emergency regulation to a 35
member of the public upon request; and 36
(b) Making a copy of the proposed emergency regulation 37
available on its website on the Internet, if any. 38
[4. A] 39
5. An emergency regulation adopted pursuant to this section 40
may not be [effective] : 41
(a) Effective for a period [of not ] longer than 120 days. [A 42
regulation may be adopted] 43
(b) Adopted by this emergency procedure [only once. 44
5.] more than once. 45

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- *SB340_R1*
(c) Substantially identical, in whole or in part, to a regulation 1
suspended or nullified by the Legislative Commission pursuant to 2
Section 1 of Article 3 of the Nevada Constitution and NRS 3
233B.0395 to 233B.120, inclusive, and sections 3 and 4 of this act. 4
6. If an agency adopts, after providing notice and the 5
opportunity for a hearing as required in this chapter, a permanent or 6
temporary regulation which becomes effective and is substantially 7
identical to its effective emergency r egulation, the emergency 8
regulation expires automatically on the effective date of the 9
temporary or permanent regulation. 10
Sec. 11. NRS 233B.0617 is hereby amended to read as 11
follows: 12
233B.0617 1. No regulation adopted after July 1, 1965, is 13
valid unless adopted in substantial compliance with this chapter but 14
no objection to any regulation on the ground of noncompliance with 15
the procedural requirements of NRS 233B.060 to 233B.0617, 16
inclusive, may be made more than 2 years after its effective date. 17
This section must not be construed to establish a time bar for 18
making an objection to a regulation on any grounds other than 19
noncompliance with the procedural requirements of NRS 20
233B.060 to 233B.0617, inclusive. 21
2. Regulations in effect on July 1, 1965, continue in effect until 22
amended , suspended, nullified or repealed in accordance with the 23
provisions of this chapter, if an original and two copies were 24
deposited with the Secretary of State on or before July 1, 1965. 25
Sec. 12. NRS 233B.0653 is hereby amended to read as 26
follows: 27
233B.0653 1. The Legislative Counsel shall periodically 28
prepare and publish [or cause to be prepared and published ] 29
electronically a Register of Administrative Regulations [.] on the 30
public Internet website of the Legislature. The Register must 31
include the following information regarding each permanent 32
regulation adopted by an agency: 33
(a) The proposed and adopted text of the regulation and any 34
revised version of the regulation; 35
(b) The notice of intent to act upon the regulation set forth in 36
NRS 233B.0603; 37
(c) The written notice of adoption of the regulation required 38
pursuant to NRS 233B.064; 39
(d) The informational statement required pursuant to NRS 40
233B.066; and 41
(e) The effective date of the regulation, as determined pursuant 42
to NRS 233B.070. 43

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- *SB340_R1*
[ In carrying out the duties set forth in this subsection, the 1
Legislative Counsel may use the services of the State Printing 2
Office. 3
2. The Legislative Counsel shall publish the Register not less 4
than 10 times per year but not more than once every 2 weeks. 5
3. The Register must be provided to and maintained by: 6
(a) The Secretary of State; 7
(b) The Attorney General; 8
(c) The Supreme Court Law Library; 9
(d) The State Library, Archives and Public Records; 10
(e) Each county clerk; 11
(f) Each county library; and 12
(g) The Legislative Counsel Bureau. 13
4. The Legislative Counsel may sell an additional copy of the 14
Register to any person or governmental entity that requests a copy, 15
at a price which does not exceed the cost of publishing the 16
additional copy. 17
5.] 2. The Legislative Counsel is immune from civil liability 18
which may result from failure to include any information in the 19
Register. 20
Sec. 13. NRS 233B.067 is hereby amended to read as follows: 21
233B.067 1. After adopting a permanent regulation, the 22
agency shall submit the informational statement prepared pursuant 23
to NRS 233B.066 and one copy of each regulati on adopted to the 24
Legislative Counsel for review by the Legislative Commission to 25
determine whether to approve the regulation [.] , which includes 26
determining whether the regulation conforms to the statutory 27
authority pursuant to which it was adopted and w hether the 28
regulation carries out the intent of the Legislature in granting that 29
authority. The Legislative Counsel shall endorse on the original and 30
the copy of each adopted regulation the date of their receipt. The 31
Legislative Counsel shall maintain the copy of the regulation in a 32
file and make the copy available for public inspection for 2 years. 33
2. If an agency submits an adopted regulation to the Legislative 34
Counsel pursuant to subsection 1 that: 35
(a) The agency is required to adopt pursuant to a fed eral statute 36
or regulation; and 37
(b) Exceeds the specific statutory authority of the agency or sets 38
forth requirements that are more stringent than a statute of this State, 39
 it shall include a statement that adoption of the regulation is 40
required by a fed eral statute or regulation. The statement must 41
include the specific citation of the federal statute or regulation 42
requiring such adoption. 43
3. Except as otherwise provided in subsection 4, the 44
Legislative Commission shall: 45

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- *SB340_R1*
(a) Review the regulation at its next regularly scheduled meeting 1
if the regulation is received more than 10 working days before the 2
meeting; or 3
(b) Refer the regulation for review to the Subcommittee to 4
Review Regulations appointed pursuant to subsection 6. 5
4. If an agency determi nes that an emergency exists which 6
requires a regulation of the agency submitted pursuant to subsection 7
1 to become effective before the next meeting of the Legislative 8
Commission is scheduled to be held, the agency may notify the 9
Legislative Counsel in wr iting of the emergency. Upon receipt of 10
such a notice, the Legislative Counsel shall refer the regulation for 11
review by the Subcommittee to Review Regulations. The 12
Subcommittee shall meet to review the regulation as soon as 13
practicable. 14
5. If the Legisla tive Commission, or the Subcommittee to 15
Review Regulations if the regulation was referred, approves the 16
regulation, the Legislative Counsel shall promptly file the regulation 17
with the Secretary of State and notify the agency of the filing. If the 18
Commission or Subcommittee objects to the regulation after 19
determining that: 20
(a) If subsection 2 is applicable, the regulation is not required 21
pursuant to a federal statute or regulation; 22
(b) The regulation does not conform to statutory authority; 23
(c) The regulation does not carry out legislative intent; 24
(d) The small business impact statement is inaccurate, 25
incomplete or did not adequately consider or significantly 26
underestimated the economic effect of the regulation on small 27
businesses; or 28
(e) The agency has not provided a satisfactory explanation of the 29
need for the regulation in its informational statement as required 30
pursuant to NRS 233B.066, or the informational statement is 31
insufficient or incomplete, 32
 the Legislative Counsel shall attach to the regulation a written 33
notice of the objection, including, if practicable, a statement of the 34
reasons for the objection, and shall promptly return the regulation to 35
the agency. 36
6. As soon as practicable after ea ch regular legislative session, 37
the Legislative Commission shall appoint a Subcommittee to 38
Review Regulations consisting of at least three members or alternate 39
members of the Legislative Commission. 40
Sec. 14. NRS 233B.070 is hereby amended to read as follows: 41
233B.070 1. A permanent regulation becomes effective when 42
the Legislative Counsel files with the Secretary of State the original 43
of the final draft or revision of a regulation, except as otherwise 44

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- *SB340_R1*
provided in NRS 293. 247 or where a later date is specified in the 1
regulation. 2
2. Except as otherwise provided in NRS 233B.0633, an agency 3
that has adopted a temporary regulation may not file the temporary 4
regulation with the Secretary of State until 35 days after the date o n 5
which the temporary regulation was adopted by the agency. A 6
temporary regulation becomes effective when the agency files with 7
the Secretary of State the original of the final draft or revision of the 8
regulation, together with the informational statement prepared 9
pursuant to NRS 233B.066. The agency shall also file a copy of the 10
temporary regulation with the Legislative Counsel, together with the 11
informational statement prepared pursuant to NRS 233B.066. 12
3. An emergency regulation becomes effective when the 13
agency files with the Secretary of State the original of the final draft 14
or revision of an emergency regulation, together with the 15
informational statement prepared pursuant to NRS 233B.066 [.] and 16
a copy of the written statement of the emergency endorsed by the 17
Governor pursuant to NRS 233B.0613. The agency shall also file a 18
copy of the emergency regulation with the Legislative Counsel, 19
together with the informational statement prepared pursuant to NRS 20
233B.066 [.] and a copy of the written statement of the emergency 21
endorsed by the Governor pursuant to NRS 233B.0613. 22
4. The Secretary of State shall maintain the original of the final 23
draft or revision of each regulation in a permanent file to b e used 24
only for the preparation of official copies. 25
5. The Secretary of State shall file, with the original of each 26
agency’s rules of practice, the current statement of the agency 27
concerning the date and results of its most recent review of those 28
rules. 29
6. Immediately after each permanent or temporary regulation is 30
filed, the agency shall deliver one copy of the final draft or revision, 31
bearing the stamp of the Secretary of State indicating that it has 32
been filed, including material adopted by reference which is not 33
already filed with the State Library, Archives and Public Records 34
Administrator, to the State Library, Archives and Public Records 35
Administrator for use by the public. If the agency is a licensing 36
board as defined in NRS 439B.225 and it has a dopted a permanent 37
regulation relating to standards for the issuance or renewal of 38
licenses, permits or certificates of registration issued to a person or 39
facility regulated by the agency, the agency shall also deliver one 40
copy of the regulation, bearing t he stamp of the Secretary of State, 41
to the Joint Interim Standing Committee on Health and Human 42
Services within 10 days after the regulation is filed with the 43
Secretary of State. 44

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- *SB340_R1*
7. Each agency shall furnish a copy of all or part of that part of 1
the Nevada Administrative Code which contains its regulations, to 2
any person who requests a copy, and may charge a reasonable fee 3
for the copy based on the cost of reproduction if it does not have 4
money appropriated or authorized for that purpose. 5
8. An agency w hich publishes any regulations included in the 6
Nevada Administrative Code shall use the exact text of the 7
regulation as it appears in the Nevada Administrative Code, 8
including the leadlines and numbers of the sections. Any other 9
material which an agency in cludes in a publication with its 10
regulations must be presented in a form which clearly distinguishes 11
that material from the regulations. 12
Sec. 15. NRS 233B.100 is hereby amended to read as follows: 13
233B.100 1. Any interes ted person may petition an agency 14
requesting the adoption, filing, amendment or repeal of any 15
regulation and shall accompany the petition with relevant data, 16
views and arguments. Each agency shall prescribe by regulation the 17
form for such petitions and the procedure for their submission, 18
consideration and disposition. Upon submission of such a petition, 19
the agency shall within 30 days either deny the petition in writing, 20
stating its reasons, or initiate regulation-making proceedings. 21
2. Any regulation of any agency is subject to [amendment] : 22
(a) Amendment or suspension by the Governor pursuant to the 23
provisions of NRS 416.060. 24
(b) Suspension or nullification by the Legislative Commission 25
pursuant to Section 1 of Article 3 of the Nevada Constitution and 26
NRS 233B.0395 to 233B.120, inclusive, and sections 3 and 4 of 27
this act. 28
Sec. 16. NRS 233B.110 is hereby amended to read as follows: 29
233B.110 1. The validity or applicability of any regulation 30
may be determined in a proceeding for a declaratory judgment in the 31
district court in and for Carson City, or in and for the county where 32
the plaintiff resides, when it is alleged that the regulation, or its 33
proposed application, interferes with or impairs, or threatens to 34
interfere with or impair, the legal rights or privileges of the plaintiff. 35
A declaratory judgment may be rendered after the plaintiff has first 36
requested the agency to pass upon the validity of the regulation in 37
question. [The] 38
2. If all or any part of an action for a declaratory judgment 39
filed pursuant to this section relates to whether a regulation 40
violates statutory provisions or exceeds the statutory authority of 41
an agency, the court may enter an order requiring the plaintiff to 42
submit a petition to the Legisl ature Commission for its review of 43
the regulation pursuant to section 3 of this act. Such a petition 44

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- *SB340_R1*
must be in the format and contain the information required in 1
subsection 2 of section 3 of this act. 2
3. Except as otherwise provided in subsection 2, the court 3
shall declare the regulation invalid if it finds that it violates 4
constitutional or statutory provisions or exceeds the statutory 5
authority of the agency. In any action where the court must 6
determine whether the regulation violates statutory provisi ons or 7
exceeds the statutory authority of the agency and the Legislative 8
Commission or the Subcommittee to Review Regulations has 9
approved the regulation after reviewing it pursuant to NRS 10
233B.0633 or 233B.067 to 233B.0681, inclusive, as applicable, the 11
court: 12
(a) Must not substitute its judgment for the legal determination 13
of the Legislative Commission or the Subcommittee to Review 14
Regulations, made through its legislative approval of the 15
regulation, that the regulation conforms to the statutory authorit y 16
pursuant to which it was adopted and carries out the intent of the 17
Legislature in granting that authority; 18
(b) Must make every reasonable effort and indulge in every 19
reasonable presumption to uphold that legal determination of the 20
Legislative Commission or the Subcommittee to Review 21
Regulations and must resolve any ambiguity, uncertainty or doubt 22
against the plaintiff and in favor of that legal determination of the 23
Legislative Commission or the Subcommittee to Review 24
Regulations; and 25
(c) Must give great weight and deference to that legal 26
determination of the Legislative Commission or the Subcommittee 27
to Review Regulations and must uphold that legal determination if 28
it is reasonable as a matter of law. 29
4. The agency whose regulation is made the subject of the 30
action for the declaratory [action shall] judgment must be made a 31
party to the action. 32
[2.] 5. An agency may institute an action for a declaratory 33
judgment to establish the validity of any one or more of its own 34
regulations. 35
[3.] 6. Actions for a declaratory judgment provided for in 36
[subsections 1 and 2 shall ] this section must be in accordance with 37
the Uniform Declaratory Judgments Act (chapter 30 of NRS), and 38
the Nevada Rules of Civil Procedure. 39
7. In all actions under [subsections 1 and 2, the] this section: 40
(a) The plaintiff shall serve a copy of the complaint upon the 41
Attorney General, [who] or a person designated by the Attorney 42
General, at the Office of the Attorney General in Carson City; and 43
(b) The Attorney General is also entitled to be heard. 44

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- *SB340_R1*
8. This section must not be construed to limit the authority of 1
the Legislative Commission to suspend or nullify a regulation 2
pursuant to Section 1 of Article 3 of the Nevada Constitution and 3
NRS 233B.0395 to 233B.120, inclusive, and section s 3 and 4 of 4
this act. 5
9. As used in this section, “Subcommittee to Review 6
Regulations” means the Subcommittee to Review Regulations 7
appointed pursuant to subsection 6 of NRS 233B.067. 8
Sec. 17. The amendatory provisions o f sections 11 and 16 of 9
this act apply to any judicial proceedings: 10
1. Commenced on or after July 1, 2025; or 11
2. Commenced before July 1, 2025, if the proceedings are 12
pending or otherwise unresolved on July 1, 2025. 13
Sec. 18. This act becomes effective: 14
1. Upon passage and approval for the purpose of adopting any 15
regulations pursuant to section 4 of this act and performing any 16
other preparatory administrative tasks that are necessary to carry out 17
the provisions of this act; and 18
2. On July 1, 2025, for all other purposes. 19

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