Nevada Administrative Code
Chapter 607 - Labor Commissioner
ADMINISTRATIVE PROCEEDINGS
Miscellaneous Proceedings
Section 607.670 - Petition for declaratory order: Filing; contents; action by Commissioner

Universal Citation: NV Admin Code 607.670

Current through September 16, 2024

1. Except as otherwise provided in subsection 3, a person may file a petition with the Commissioner requesting that the Commissioner issue a declaratory order concerning the applicability of a statute, regulation or decision of the Commissioner.

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 statement of the facts that support the petition for a declaratory order; and

(d) A clear and concise statement of the question or matter to be decided by the Commissioner.

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

4. The Commissioner may refuse to review a petition that requests the issuance of a declaratory order if the original petition is not accompanied by two legible copies of the petition or the petition does not contain the information required by subsection 2.

5. The Commissioner may:

(a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the 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 relevant decisions that have been issued by the Commissioner or any other entity which apply or interpret the statute, regulation or decision in question.

(e) Consider any other information he or she determines is relevant to the question or matter to be decided by the Commissioner.

(f) Enter any reasonable order to assist his or her review of the petition.

6. The Commissioner will maintain a record of the declaratory order that is indexed by subject matter and will mail a copy of the declaratory order to the petitioner within 60 days after:

(a) The petition is filed;

(b) A hearing is conducted concerning the petition; or

(c) Any additional information or written argument is received by the Commissioner, whichever occurs later.

Added to NAC by Labor Comm'r by R134-03, eff. 12-4-2003; A by R019-18A, eff. 12/18/2019

NRS 233B.120, 607.160

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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