Current through September 16, 2024
1. Except as otherwise provided in subsection
3, a person may file a petition with the Administrator requesting that he or
she issue a declaratory order concerning the applicability of a statute,
regulation or decision of the Administrator.
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 Administrator.
3. A person may not file a petition for a
declaratory order concerning:
(a) A question
or matter that is an issue in a pending administrative, civil or criminal
proceeding in which the person is a party; or
(b) The benefit rights of a claimant, an
employer's liability with respect to contributions, or a determination of
substantially common ownership, management or control between two or more
business entities.
4.
The Administrator may refuse to review a petition that requests the issuance of
a declaratory order if:
(a) The original
petition is not accompanied by two copies of the petition; or
(b) The petition does not contain the
information required by subsection 2.
5. The Administrator 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 Administrator 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
Administrator.
(f) Enter any
reasonable order to assist his or her review of the petition.
6. The Administrator 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 Administrator,
whichever occurs later.
Added to NAC by
Employm't Security Div. by R199-05, eff.
2-23-2006
NRS
NRS
612.220
