NAC 630.450
Declaratory orders and advisory opinions.
Cite as Nev. Admin. Code Sec. 630.450
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 a 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.