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Petition No. P2011-08

LCB File No. R135-11

Nevada Administrative Code (NAC) NAC 445B.875

Description of Petition: As allowed under NRS 233B.050, this regulation updates NAC 445B.875 to NAC 445B.895, the section governing practice before the State Environmental Commission (Commission) in contested cases (NRS 233B.121). The proposed regulation requires that an appeal be based on the standard of review grounds set forth in NRS 233B.135(3); it clarifies briefing, witness and exhibit requirements; it establishes procedures for prehearing conferences; it limits the type of evidence heard by the Commission during the appeal hearing; it allows dismissal of appeals in certain circumstances; and it clarifies the status of attorneys allowed to appear before the Commission in contested cases.

This regulation is designed to reduce the time and resources needed to conduct appeals by the Commission. The regulation will also reduce the backlog of outstanding appeals by allowing the Commission, after appropriate notice, to dismiss appeals in cases where no actions have been taken for over a year. In addition, by clarifying the standard of review, defining procedures for briefs, and addressing the admission of evidence during appeal hearings, the proposed regulation would streamline the appeal process for all parties, including Nevada business. Finally, requiring attorneys to be licensed in Nevada or associated with a Nevada licensed attorney, as is required in state court litigation, would ensure that attorneys are knowledgeable about the administrative hearing procedures defined under NRS 233B.

See all information about this regulation [February 15, 2012 SEC Hearing - Agenda 10]

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