Nev. Admin. Code § 288.410

Current through November 8, 2024
Section 288.410 - Consideration by Board
1. The Board may, for good cause, refuse to issue a declaratory order if:
(a) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near future;
(b) The petitioner's interest is not of the type which would give him standing to maintain an action if he were to seek judicial relief;
(c) The issuance of the declaratory order may adversely affect the interest of the Board or any of its officers or employees in a litigation which is pending or may reasonably be expected to arise; or
(d) The matter is not within the jurisdiction of the Board.
2. The Board will consider each petition submitted for a declaratory order and will, within a reasonable time after the submission:
(a) Deny the petition in a written statement containing the Board's reasons for the denial;
(b) Set the matter for hearing and proceed according to NAC 288.280 to 288.370, inclusive; or
(c) Issue a declaratory order on the matters contained in the petition.
3. The Board may order a hearing on an unopposed petition for a declaratory order if it is in the best interests of those who may be affected by the order.

Nev. Admin. Code § 288.410

Local Gov't Employee-Mgt. Rel. Bd., No. 8.06, eff. 11-12-71; A and renumbered as No. 4.06, 1-10-73; A 8-31-79; No. 8.07, eff. 11-12-71; A and renumbered as No. 4.08, 1-10-73; A and renumbered as No. 4.075, 8-31-79; No. 8.08, eff. 11-12-71; A and renumbered as No. 4.09, 1-10-73; No. 4.08, eff. 8-31-79; A by R043-13, eff. 10/24/2014

NRS 288.110