Section 701A.660 - Petition for declaratory order or advisory opinion: Filing; contents; action by Director1. Except as otherwise provided in subsection 4, an interested person may petition the Director to issue a declaratory order or advisory opinion concerning the applicability of a statute or regulation within the Director's purview or jurisdiction. The original and one copy of the petition must be filed with the Director.2. The petition must include: (a) The name and address of the petitioner;(b) The reason for requesting the order or opinion;(c) A statement of facts that support the petition; and(d) A clear and concise statement of the question to be decided by the Director and the relief sought by the petitioner.3. An interested person may not file a petition for a declaratory order or an advisory opinion concerning a question or matter that is an issue in an administrative, civil or criminal proceeding in which the interested person is a party.4. The Director may refuse to review a petition which requests that he or she issue a declaratory order or advisory opinion if: (a) The original petition is not accompanied by one copy of the petition;(b) The petition does not contain the information required by subsection 2; or(c) The petition seeks a declaratory order or an advisory opinion prohibited by subsection 3.5. The Director may: (a) Conduct an informal hearing to determine issues of fact or to hear arguments relating to the petition and may enter reasonable orders that govern the conduct of such a hearing.(b) Request that the petitioner provide additional information or arguments relating to the petition.(c) Issue a declaratory order or an advisory opinion based upon the contents of the petition and any material submitted with the petition.(d) Consider relevant decisions that have been issued by the Director which apply or interpret the statute, regulation or decision in question.(e) Enter any reasonable order to assist his or her review of the petition.6. The Director will maintain a record of the order or opinion that is indexed by subject matter and mail a copy of the order or opinion to the petitioner within 60 days after: (a) The petition is filed;(b) An informal hearing is conducted; or(c) Any additional information or written argument is received by the Director, whichever occurs later.7. The Director will not render an oral advisory opinion or respond over the telephone to a request for an advisory opinion. An oral response or a response given over the telephone by a member of the staff of the Director is not a decision or an advisory opinion of the Director. Nev. Admin. Code § 701A.660
Added to NAC by Nev. Energy Comm'r by R094-10, eff. 8-13-2010; A by Office of Energy by R065-13, 2-26-2014