NRS233B.0603. Contents and form of notice of intent to adopt, amend or repeal permanent or temporary regulation; solicitation of comments from public or affected businesses.

      1.  The notice of intent to act upon a regulation required pursuant to NRS 233B.060 must:

      (a) Include:

             (1) A statement of the need for and purpose of the proposed regulation.

             (2) If the proposed regulation is a temporary regulation, either the terms or substance of the proposed regulation or a description of the subjects and issues involved.

             (3) If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063.

             (4) A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

                   (I) Both adverse and beneficial effects; and

                   (II) Both immediate and long-term effects.

             (5) A statement identifying the methods used by the agency in determining the impact on a small business prepared pursuant to subsection 3 of NRS 233B.0608.

             (6) The estimated cost to the agency for enforcement of the proposed regulation.

             (7) A description of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

             (8) If the regulation is required pursuant to federal law, a citation and description of the federal law.

             (9) If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions.

             (10) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation.

      (b) If the proposed regulation is a temporary regulation, state each address at which the text of the proposed regulation may be inspected and copied.

      (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.

      (d) Include a statement indicating whether the regulation establishes a new fee or increases an existing fee.

      (e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the agency for that purpose.

      (f) Be submitted to the Legislative Counsel Bureau for inclusion in the Register of Administrative Regulations created pursuant to NRS 233B.0653. The publication of a notice of intent to act upon a regulation in the Register does not satisfy the requirements for notice set forth in paragraph (e).

      2.  The Attorney General may by regulation prescribe the form of notice to be used.

      3.  In addition to distributing the notice to each recipient of the agency’s regulations, the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regulation.

      (Added to NRS by 1983, 1124; A 1995, 130, 239; 1997, 184, 1390; 2005, 1479; 2007, 872)