Nevada Administrative Code
Chapter 501 - Administration and Enforcement of Wildlife Laws
PRACTICE AND PROCEDURE BEFORE BOARD OF WILDLIFE COMMISSIONERS
Miscellaneous Petitions
Section 501.195 - Petition to adopt, file, amend or repeal permanent regulation

Universal Citation: NV Admin Code 501.195

Current through December 31, 2024

1. A person who wishes to request that the Commission adopt, file, amend or repeal a permanent regulation, other than a permanent regulation relating to the classification of wildlife or the designation of seasons for hunting, fishing or trapping by the Commission pursuant to the provisions of title 45 of NRS, must submit a written petition to the Commission on a form provided by the Department. The petition may be submitted by mail, facsimile machine or electronic mail and must include:

(a) The name, telephone number, electronic mail address, if any, and mailing address of the petitioner.

(b) A statement of the reason and the legal authority for the adoption, filing, amendment or repeal of the permanent regulation.

(c) The language of the permanent regulation to be adopted, filed, amended or repealed or a description of the subjects and issues involved in the permanent regulation.

2. Upon receipt of a petition requesting the adoption, filing, amendment or repeal of a permanent regulation pursuant to subsection 1, the Commission will refer the petition to the Department to obtain from the Department a recommendation whether to deny the petition or initiate regulation-making procedures, taking into consideration the legal authority of the Commission.

3. As soon as practicable after receiving a petition, but not later than 20 days after the date on which the petition was received by the Commission, the Department shall:

(a) Review the petition to determine whether there is legal authority for the proposed adoption, filing, amendment or repeal of the permanent regulation; and

(b) Forward to the Commission the petition and the recommendation of the Department whether to deny the petition or initiate regulation-making procedures, taking into consideration the legal authority of the Commission.

4. Within 30 days after a petition is submitted, or as soon as the petition can practicably be scheduled on an upcoming meeting agenda, the Commission will:

(a) Notify the petitioner in writing of its decision to deny the petition, including the reasons for the denial; or

(b) Initiate the regulation-making procedures set forth in chapter 233B of NRS.

5. A decision of the Commission to deny a petition is a final decision for the purposes of judicial review.

Added to NAC by Bd. of Wildlife Comm'rs by R029-00, eff. 6-20-2000; A by R198-05, 2-23-2006; A by R095-16AP, eff. 6/26/2018; A by R045-22A, eff. 9/8/2022

NRS 233B.100, 501.181

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