USA Statutes : nevada
Title : Title 18 - STATE EXECUTIVE DEPARTMENT
Chapter : CHAPTER 232B - LEGISLATIVE REVIEW OF PUBLIC AGENCIES
As used in this chapter, unless
the context otherwise requires, “agency” means any public agency which
the Legislature has designated to be the subject of a review by the
Legislative Commission.
(Added to NRS by 1979, 1838)
The Legislature finds that:
1. There has been a substantial increase in the number of agencies
within state government, and a corresponding growth of administrative
programs and regulations.
2. The proliferation of agencies, programs and regulations has
occurred without sufficient accountability for the programs and
regulations by the agencies or review by the Legislature.
3. By establishing a method of terminating, continuing or
reestablishing agencies in state government, the Legislature will be able
to evaluate the need for continuing present agencies or creating new
agencies.
(Added to NRS by 1979, 1838)
1. The Legislative Commission shall conduct the reviews of
agencies directed by the Legislature to determine whether each agency
should be terminated, consolidated with another agency or continued. The
Legislative Commission shall begin each review on July 1 of the second
year preceding the scheduled date for terminating the agency.
2. The Legislative Commission shall determine the membership and
method of appointment of committees or subcommittees appointed to carry
out the reviews.
3. The Legislative Commission shall transmit its review and
recommendations to the Legislature at the beginning of its next regular
session.
(Added to NRS by 1979, 1839; A 1981, 226)
In conducting its review of an agency, the
Legislative Commission shall obtain, and consider in determining the need
for the continued operation of the agency, answers to the following
questions:
1. Is there a reasonable relationship between this exercise of the
state’s police power and the protection of the public health, safety or
welfare? Would the absence or reduction of regulation by this agency
significantly harm or endanger the public health, safety or welfare?
2. Is there another, less restrictive, method of regulation which
could adequately protect the public?
3. Does regulation have the effect of directly or indirectly
increasing the cost of any goods or services involved and, if so, is the
increase justified by the protection provided to the public?
4. Are any of the agency’s programs or objectives duplicated by
other governmental agencies or nonprofit organizations or by private
enterprise?
(Added to NRS by 1981, 224)
After the Legislative Commission
considers the answers to questions about the need for the agency, the
Legislative Commission shall:
1. Obtain, and consider in determining whether the agency is
operating efficiently, answers to the following questions:
(a) Has the agency operated in the public interest? To what extent
have the agency’s operations in the public interest been impeded or aided
by existing statutes and by other circumstances, including its budget and
personnel?
(b) Has the agency handled formal complaints from the public
concerning persons subject to its regulation efficiently and with
dispatch?
(c) Has the agency required or requested persons whom it regulates
to assess problems which affect the public in the profession, business or
occupation and to report the effect on the public of regulations and
decisions of the agency, particularly regarding improvements in economy
and quality of service?
(d) Has the agency encouraged participation by the public in making
regulations and carrying out its responsibilities?
(e) Does the agency have or require the use of any unnecessary
forms, reports or recordkeeping?
2. Obtain, and consider in determining whether the agency is
operating effectively, answers to the following questions:
(a) Are the regulatory statutes well constructed and free from
ambiguity and redundancy?
(b) Does the law provide clear objectives from the agency? Is the
agency effectively achieving its statutory objectives and do the results
reflect the intent of the law?
(c) Has the agency recommended changes to the law which would
benefit the public rather than the persons it regulates?
(d) Do the regulations of the agency accurately reflect the intent
of the legislature and are they in the least restrictive form?
(e) Has the agency restricted the entry of qualified applicants?
Has it permitted only qualified applicants to serve the public?
(Added to NRS by 1981, 225)
As part of the review of each agency,
the Legislative Commission shall obtain and consider the agency’s:
1. Statement of its objectives and programs.
2. Conclusion concerning the effectiveness of its objectives and
programs.
3. Recommendations for statutory changes which are necessary for
the agency to carry out its objectives and programs.
4. Evaluation of its objectives and programs for the ensuing
fiscal year.
(Added to NRS by 1979, 1839; A 1981, 226)—(Substituted in revision
for NRS 232B.050)
1. The Legislative Commission shall conduct public hearings for
the purpose of obtaining comments on, and may require the Legislative
Counsel Bureau to submit reports on, the need for the continued operation
of an agency, and its efficiency and effectiveness.
2. At any hearing held under this chapter, information may be
presented by:
(a) Members of the general public;
(b) Any person who is regulated by the agency; and
(c) Representatives of the agency.
3. The Legislative Commission shall consider any report submitted
to it by the Legislative Counsel Bureau.
4. An agency has the burden of proving that there is a public need
for its continued existence or regulatory function.
(Added to NRS by 1979, 1840; A 1981, 227)—(Substituted in revision
for NRS 232B.060)
1. Once the Legislative Commission has obtained answers to the
questions concerning the public’s need for an agency and the efficiency
and effectiveness of its operation, the Legislative Commission shall
determine whether its recommendation to the Legislature should be that
the agency be terminated, consolidated with another agency or continued.
2. If the Legislative Commission determines to recommend the
termination of the agency, its recommendation must include suggestions
for appropriate direct legislative action, if any, which is made
necessary or desirable by the termination of the agency or by the absence
of regulation by any other administrative agency.
3. If the Legislative Commission determines to recommend the
consolidation or continuation of the agency, its recommendation must
include suggestions for appropriate direct legislative action, if any,
which would make the operation of the agency or its successor more
efficient or effective.
(Added to NRS by 1981, 225)
1. An agency may continue in existence until July 1 of the year
immediately succeeding the effective date of its termination for the
purpose of winding up its affairs, unless the agency has been
consolidated with another.
2. The powers and duties of an agency are not abrogated or
otherwise limited during the period between its termination and the
following July 1, but no agency may enter into or let any contract, the
performance of which extends beyond July 1 of the year immediately
following the year in which it is terminated.
3. The Director of the Department of Administration is responsible
for disposing of any property of a terminated agency. All assets and
liabilities of an agency which has been consolidated with another must be
taken over by the successor agency. Money in the State Treasury which is
held in a special fund for an agency which has been terminated reverts to
the State General Fund on July 1 of the year immediately following the
year in which the agency was terminated.
(Added to NRS by 1979, 1838; A 1993, 1493)
