NRS463.145. Adoption, amendment and repeal: Procedure.

      1.  Except as otherwise provided in NRS 368A.140, the Commission shall, pursuant to NRS 463.150, adopt, amend and repeal regulations in accordance with the following procedures:

      (a) At least 30 days before a meeting of the Commission at which the adoption, amendment or repeal of a regulation is considered, notice of the proposed action must be:

             (1) Posted on the Commission’s Internet website;

             (2) Mailed to every person who has filed a request therefor with the Commission; and

             (3) When the Commission deems advisable, mailed to any person whom the Commission believes would be interested in the proposed action, and published in such additional form and manner as the Commission prescribes.

      (b) The notice of proposed adoption, amendment or repeal must include:

             (1) A statement of the time, place and nature of the proceedings for adoption, amendment or repeal;

             (2) Reference to the authority under which the action is proposed; and

             (3) Either the express terms or an informative summary of the proposed action.

      (c) On the date and at the time and place designated in the notice, the Commission shall afford any interested person or his or her authorized representative, or both, the opportunity to present statements, arguments or contentions in writing, with or without opportunity to present them orally. The Commission shall consider all relevant matter presented to it before adopting, amending or repealing any regulation.

      (d) Any interested person may file a petition with the Commission requesting the adoption, amendment or repeal of a regulation. The petition must state, clearly and concisely:

             (1) The substance or nature of the regulation, amendment or repeal requested;

             (2) The reasons for the request; and

             (3) Reference to the authority of the Commission to take the action requested.

Ê Upon receipt of the petition, the Commission shall within 45 days deny the request in writing or schedule the matter for action pursuant to this subsection.

      (e) In emergencies, the Commission may summarily adopt, amend or repeal any regulation if at the same time it files a finding that such action is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare, together with a statement of the facts constituting the emergency.

      2.  In any hearing held pursuant to this section, the Commission or its authorized representative may administer oaths or affirmations, and may continue or postpone the hearing from time to time and at such places as it prescribes.

      3.  The Commission may request the advice and assistance of the Board in carrying out the provisions of this section.

      (Added to NRS by 1959, 436; A 1965, 322; 1969, 312; 1973, 1267; 1977, 1418; 1987, 185; 1993, 310; 2005, 22nd Special Session, 145; 2011, 206)