Section 287.194 - Petitions for declaratory orders1. Except as otherwise provided in subsection 3, a person may file a petition with the Executive Officer requesting that the Board issue a declaratory order concerning the applicability of any provision of NRS 287.0402 to 287.049, inclusive, that pertains to the jurisdiction of the Board or any regulation adopted by the Board pursuant thereto. Any petition for a declaratory order concerning the jurisdiction of a public agency or public officer other than the Board or any regulation adopted by the public agency or public officer must be submitted to that public agency or public officer.2. A petition for a declaratory order filed pursuant to subsection 1 must include, without limitation: (a) The name and address of the petitioner;(b) The reason for requesting the declaratory order;(c) A statement of the facts that support the petition for a declaratory order; and(d) A clear and concise statement of the question or matter to be decided by the Board.3. A person may not file a petition for a declaratory order concerning a question or matter that is an issue in a review or an appeal of a claim or in a pending administrative, civil or criminal proceeding in which the person is a party or otherwise involved.4. The Executive Officer shall notify the Chair of the petition for a declaratory order not later than 10 days after the petition is received by the Executive Officer.5. The Board may: (a) Conduct a hearing to determine issues of fact or to hear arguments relating to a petition for a declaratory order and may enter reasonable orders that govern the conduct of the hearing.(b) Request that the petitioner provide additional information or arguments relating to the petition.(c) Issue a declaratory order based on the contents of the petition and any material submitted with the petition.(d) Consider relevant actions that have been issued by the Board or any other entity which apply or interpret the statute or regulation in question.(e) Consider any other information that the Board determines is relevant to the question or matter to be decided by the Board.6. The Board will notify the petitioner in writing within 10 days after any action taken by the Board concerning the petition.Nev. Admin. Code § 287.194
Added to NAC by Bd. of Pub. Employees' Benefits Prog. by R089-05, eff. 6-28-2006