- 82nd Session (2023)
Senate Bill No. 105–Committee on Government Affairs
CHAPTER..........
AN ACT relating to the Department of Corrections; making the
Department subject to the provisions of Nevada
Administrative Procedure Act for purposes of adopting
certain regulations; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law enacts the Nevada Administrative Procedure Act, which
establishes procedural requirements for the adoption of regulations and adjudication
of contested cases by certain agencies of the Executive Department of the State
Government. (Chapter 233B of NRS) With certain exceptions, existing law
exempts the Department of Corrections from the requirements prescribed by the
Act. (NRS 233B.039) Section 1 of this bill revises this exemption and makes the
Department of Corrections subject to the Act for the purpose of adopting
regulations relating to fiscal policy, correspondence with inmates and visitation
with inmates of the Department. Section 4 of this bill provides that the regulations
currently adopted by the Department remain in effect until replaced by new
regulations adopted by the Department in accordance with the Act.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 233B.039 is hereby amended to read as
follows:
233B.039 1. The following agencies are entirely exempted
from the requirements of this chapter:
(a) The Governor.
(b) Except as otherwise provided in subsection 7 and NRS
209.221 and 209.2473, the Department of Corrections.
(c) The Nevada System of Higher Education.
(d) The Office of the Military.
(e) The Nevada Gaming Control Board.
(f) Except as otherwise provided in NRS 368A.140 and 463.765,
the Nevada Gaming Commission.
(g) Except as otherwise provided in NRS 425.620, the Division
of Welfare and Supportive Services of the Department of Health and
Human Services.
(h) Except as otherwise provided in NRS 422.390, the Division
of Health Care Financing and Policy of the Department of Health
and Human Services.
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- 82nd Session (2023)
(i) Except as otherwise provided in NRS 533.365, the Office of
the State Engineer.
(j) The Division of Industrial Relations of the Department of
Business and Industry acting to enforce the provisions of
NRS 618.375.
(k) The Administrator of the Division of Industrial Relations of
the Department of Business and Industry in establishing and
adjusting the schedule of fees and charges for accident benefits
pursuant to subsection 2 of NRS 616C.260.
(l) The Board to Review Claims in adopting resolutions to carry
out its duties pursuant to NRS 445C.310.
(m) The Silver State Health Insurance Exchange.
(n) The Cannabis Compliance Board.
2. Except as otherwise provided in subsection 5 and NRS
391.323, the Department of Education, the Board of the Public
Employees’ Benefits Program and the Commission on Professional
Standards in Education are subject to the provisions of this chapter
for the purpose of adopting regulations but not with respect to any
contested case.
3. The special provisions of:
(a) Chapter 612 of NRS for the adoption of an emergency
regulation or the distribution of regulations by and the judicial
review of decisions of the Employment Security Division of the
Department of Employment, Training and Rehabilitation;
(b) Chapters 616A to 617, inclusive, of NRS for the
determination of contested claims;
(c) Chapter 91 of NRS for the judicial review of decisions of the
Administrator of the Securities Division of the Office of the
Secretary of State; and
(d) NRS 90.800 for the use of summary orders in contested
cases,
prevail over the general provisions of this chapter.
4. The provisions of NRS 233B.122, 233B.124, 233B.125 and
233B.126 do not apply to the Department of Health and Human
Services in the adjudication of contested cases involving the
issuance of letters of approval for health facilities and agencies.
5. The provisions of this chapter do not apply to:
(a) Any order for immediate action, including, but not limited
to, quarantine and the treatment or cleansing of infected or infested
animals, objects or premises, made under the authority of the State
Board of Agriculture, the State Board of Health, or any other agency
of this State in the discharge of a responsibility for the preservation
of human or animal health or for insect or pest control;
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- 82nd Session (2023)
(b) An extraordinary regulation of the State Board of Pharmacy
adopted pursuant to NRS 453.2184;
(c) A regulation adopted by the State Board of Education
pursuant to NRS 388.255 or 394.1694;
(d) The judicial review of decisions of the Public Utilities
Commission of Nevada;
(e) The adoption, amendment or repeal of policies by the
Rehabilitation Division of the Department of Employment, Training
and Rehabilitation pursuant to NRS 426.561 or 615.178;
(f) The adoption or amendment of a rule or regulation to be
included in the State Plan for Services for Victims of Crime by the
Department of Health and Human Services pursuant to
NRS 217.130;
(g) The adoption, amendment or repeal of rules governing the
conduct of contests and exhibitions of unarmed combat by the
Nevada Athletic Commission pursuant to NRS 467.075;
(h) The adoption, amendment or repeal of regulations by the
Director of the Department of Health and Human Services pursuant
to NRS 447.335 to 447.350, inclusive;
(i) The adoption, amendment or repeal of standards of content
and performance for courses of study in public schools by the
Council to Establish Academic Standards for Public Schools and the
State Board of Education pursuant to NRS 389.520;
(j) The adoption, amendment or repeal of the statewide plan to
allocate money from the Fund for a Resilient Nevada created by
NRS 433.732 established by the Department of Health and Human
Services pursuant to paragraph (b) of subsection 1 of NRS 433.734;
or
(k) The adoption or amendment of a data request by the
Commissioner of Insurance pursuant to NRS 687B.404.
6. The State Board of Parole Commissioners is subject to the
provisions of this chapter for the purpose of adopting regulations but
not with respect to any contested case.
7. The Department of Corrections is subject to the provisions
of this chapter for the purpose of adopting regulations relating to
fiscal policy, correspondence with inmates and visitation with
inmates of the Department of Corrections.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4. 1. Any current regulations adopted by the
Department of Corrections related to fiscal policy, correspondence
with inmates and visitation with inmates must remain in effect until
regulations are adopted pursuant to chapter 233B of NRS, as
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- 82nd Session (2023)
amended by section 1 of this act, to replace those regulations, as
required pursuant to subsection 2.
2. The Department shall, as soon as practicable, adopt
regulations pursuant to chapter 233B of NRS, as amended by
section 1 of this act, to replace the current regulations adopted by
the Department relating to fiscal policy, correspondence with
inmates and visitation with inmates.
Sec. 5. This act becomes effective on July 1, 2023.
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