Rule Making Process
The rulemaking process for the State of Nevada is defined in the Nevada Revised Statutes 233B, the Administrative Code. Below is a short discussion on how the process works, and how it relates to rulemaking activities of the State Environmental Commission. Form #1 is used in each of these rulemaking processes.
 Type of Rulemaking
Three type of rulemakings exist; Emergency, Temporary and Permanent. Emergency regulations are effective for 120 days and cannot be renewed as emergency regulations. The Governor assents to emergency regulations. They are very rare and are used only when an emergency exists.
Temporary regulation
This type of regulation does not involve the legislative branch, either in drafting or review. The temporary regulation is defined by statute as beginning on July 1 of even number years and ending on June 30 of an odd numbered year. For example, the temporary cycle begins on July 1, 1998 and end on June 30, 1999. The temporary regulation coincides with the legislative cycle, and since the permanent regulations are written by the Legislative Counsel (the people who draft statutes also draft regulations for the Executive Branch) the rule drafters are not available. Temporary regulations undergo the usual public workshops, noticing, and open meeting agenda process. Temporary regulations are filed directly after adoption with the Nevada Secretary of State. Generally regulations become effective upon filing with the Secretary of State. Temporary regulations expire on November 1 of odd number years (for example, November 1, 1999) unless adopted as a permanent regulations.
Permanent regulation.
The permanent cycle begins in July 1st of odd numbered years, and ends on June 30th of even numbered years. For example, the permanent process begins on July 1, 1999 and ends on June 30, 2000. Permanent regulations undergo drafting by the Legislative Counsel Bureau's Legal Division. A proposed regulation is sent by the Environmental Commission to the Legislative Counsel for drafting. The Legislative Counsel has 30 days to draft a regulation. Upon completion of drafting the regulation is returned to the Commission. A permanently drafted petition is placed on the Legislative Regulatory Registry. An Environmental Commission meeting is established to hear the regulation. The Environmental Commission is required to publicly notice the petition by mail to interested parties and to print in newspapers of general statewide circulation three times beginning 30 days prior to the hearing. This disclosure is called the "Notice of Intent to Act Upon Regulations".
Prior to the hearing before the Commission, a public regulatory workshop is required. This is done by the petitioning agency, which is usually the Division of Environmental Protection, although other agencies or individuals can bring regulatory changes before the Commission. Interested persons must be notified by mail 15 days prior to the workshop.
The Commission at the public hearing, receives a presentation about the proposed rulemaking, listens to public testimony, reviews submitted exhibits, deliberates and then acts to adopt, amend or repeal a proposed rule.
Upon adoption, the necessary filing documents are prepared; a filing statement that discloses public and business concerns, economic impacts and other relevant information is prepared. This package, including the regulation is then submitted to the Legislative Counsel. Any amendments are then incorporated into the adopted regulation. The permanent regulation is held by the Legislative Branch for 35 days. During this 35 day period the adopted permanent regulation is submitted to the Legislative Commission (made up of state senators and assemblyman) for Legislative review.
The Legislative Commission has the authority to suspend a regulation, or return it to adopting agency in the Executive Branch if the legislators is not satisfied with the permanent regulation. If the Legislature finds the adopted regulation to be acceptable, after the 35 day period it is then filed with the Secretary of State. It is upon this filing that the regulation becomes effective.
The Open Meeting Law
Regulations, and any other decision made by the Environmental Commission is subject to the requirements of Nevada's Open Meeting Law, as defined in Nevada Revised Statute chapter 241. This chapter spells out the posting requirements and deliberations. Each Environmental Commission meeting is required to have a agenda. The agenda, is a document separate from the "Notice of Intent to Act Upon Regulations". The agenda contains other, non regulatory decisions and items of public interest and is required to be posted three workings days prior to the hearing.
Archive and Regulatory Petition Access System
The Environmental Commission maintains an Archive and Regulatory Petition Access System that provides a comprehensive listing, indexing and summary of regulatory petitions received and or adopted by the Commission since 1993. Included in the system is the minutes of the regulatory hearings. It is a useful tool to track down and evaluate regulatory changes to the Nevada Administrative Code under the Commission's jurisdiction.
For more information about the SEC rule making process see the webpage "About the SEC)
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