Do You Know the Rule? Nev. Petition for Declaratory Order or Advisory Opinion

Topics

State Rules

What must be included in petitions

1. The name and mailing address of petitioner
2. The reason for the petition and a statement of the facts and law supporting the petition
3. A clear and concise statement of the question to be decided by the board and the relief sought by the petitioner

Copies, documentation, and filing requirements

Anybody filing a petition shall file an original and five copies of the petition and any supporting documentation with the board and, within five days after filing with the board, serve one copy on the administrator

A petition may be filed or served electronically, by personal service or by registered mail or certified mail, return receipt requested

Administrator’s response

The administrator may file with the board a response concerning the disposition of the petition not later than 45 days after service of the petition upon the administrator and shall, within five days after filing such a response, provide a copy to the petitioner

What the board may do

1. Conduct an informal hearing to determine any preliminary matters that may expedite the disposition of the petition and issue reasonable orders that govern the conduct of a hearing on the merits of the petition
2. Request that the petitioner submit additional information or arguments concerning the petition and allow the administrator to file a response to any such additional information or arguments and, upon filing of such a response or at such other time as the board may prescribe, provide a copy to the petitioner
3. Consider relevant decisions that have been issued by the board which apply or interpret the statute, regulation or decision in question
4. Enter any reasonable order to assist in the review of the petition

What the board will do if determines that it will or will not conduct a formal hearing on a petition

Serve notice on the petitioner and administrator of:

• The date of the formal hearing, which must not be sooner than 45 days after the date of service of the notice
• That the petition will be decided without a formal hearing

When an order or opinion will issue

Within 45 days after the date that the formal hearing is concluded or the date that the board gives notice that the petition will be decided without a formal hearing, the board will issue a written declaratory order or advisory opinion disposing of the petition and mail a copy of the declaratory order or advisory opinion to the petitioner and the administrator

When it is not possible to petition

A person may not petition the board for the issuance of a declaratory order or advisory opinion concerning the applicability of a statute, regulation, or decision of the Board if the applicability of the statute, regulation or decision is at issue in any administrative, civil or criminal proceeding in which the person is a party

Judicial review

A decision of the board relating to a petition filed for a declaratory order or advisory opinion is a final decision for the purpose of judicial review