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Petition No. P2003-10

LCB File No. R227-03

Date Received by Commission: 12/11/03

Summary: This Petition is an amendment to the State Environmental Commission's (SEC's) Rules of Practice; NAC 445B.875 to 445B.899.

Current Status: Apporved by the SEC on February 26, 2004

Nevada Administrative Code: NAC 445B.875 to 445B.899

Adopted by LCB: April 20, 2004

Petitioner: Environmental Commission

Description of Petition: The new amendments allow the following provisions. The SEC can order briefs to be filed before or after a hearing; it can allow a party to intervene in a proceeding by filing a written petition, along with specifying time periods and minimum content of such petitions. The SEC can further allow interveners to appear in proceedings and/or be dismissed from proceedings, where no substantial direct interest or public interest is apparent. The amendments also allow the SEC to consolidate a proceeding, where issues are substantially the same and rights of parties are not prejudice; in such proceeding, moreover, the SEC may determine the order in which the parties introduce evidence and present testimony as well as limit redundant testimony . The amendments further allow the SEC to take any action to maintain order during a hearing, require hearings to be recorded electronically, and where a court reporter is requested by a party, the cost for such services are paid for by the requesting party.

The proposed regulation will not have an economic impacts, either immediate or long term, on the regulated industry. There will be no additional costs to the agency for enforcement of these amendments and the regulations do not overlap or duplicate any regulations of other state or government agencies. The amended regulations are no more stringent than what is established by federal law and they do not address fees.

Annotated History of the Petition: Sent to LCB for drafting on 12/11/03 and approved by the SEC on February 26, 2004. The regulations was adopted by LCB on April 20, 2004.

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