Nevada Administrative Code
Chapter 630 - Physicians, Physician Assistants, Medical Assistants, Perfusionists and Practitioners of Respiratory Care
PETITIONS, ORDERS, OPINIONS AND RULES OF PRACTICE
Section 630.450 - Declaratory orders and advisory opinions

Universal Citation: NV Admin Code 630.450

Current through December 12, 2024

1. A petition for a declaratory order or advisory opinion:

(a) May be filed only by a holder of or applicant for a license; and

(b) Must concern the application of a statute or regulation within the jurisdiction of the Board, including, without limitation, a statute in chapter 629 or 630 of NRS or a regulation in chapter 630 of NAC.

2. A holder of or an applicant for license who is currently being investigated or has a pending disciplinary proceeding before the Board may not petition for a declaratory order or advisory opinion concerning:

(a) A statute or regulation specifically at issue in the investigation or disciplinary proceeding; or

(b) A factual circumstance that is substantially similar to the factual circumstance at issue in the investigation or disciplinary proceeding.

3. The Board will consider at a regularly scheduled meeting any petition for a declaratory order or advisory opinion that is filed with the Board not less than 30 days before the meeting. If such a petition is filed less than 30 days before the next regularly scheduled meeting, the Board will consider the petition at the following regularly scheduled meeting. Within 30 days after considering a petition, the Board will issue its declaratory order or advisory opinion, unless the Board approves a reasonable request for a reasonable and specified extension of time.

4. The Board may deny a petition for declaratory order or advisory opinion submitted pursuant to this section if the Board determines that the petition:

(a) Does not meet the requirements of subsection 1; or

(b) Is prohibited by subsection 2.

Bd. of Medical Exam'rs, § 630.450, eff. 12-20-79-NAC A 6-23-86; R149-97, 3-30-98; A by R002-14, eff. 6/26/2015; A by R033-24A, eff. 8/13/2024

NRS 630.130

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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