Nev. Admin. Code § 630.450

Current through November 8, 2024
Section 630.450 - Declaratory orders and advisory opinions
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 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.

Nev. Admin. Code § 630.450

Bd. of Medical Exam'rs, § 630.450, eff. 12-20-79-NAC A 6-23-86; R149-97, 3-30-98; A by R002-14, eff. 6/26/2015; A by R033-24A, eff. 8/13/2024

NRS 630.130