Nev. Admin. Code § 281A.351 - Determination of lack of jurisdiction or compliance with filing requirements: Notification; submission of supplemental information; motion to review determination
1. If the Executive
Director and Commission Counsel determine that the Commission does not have
jurisdiction over the request for an advisory opinion or that the request for
an advisory opinion was not properly filed with the necessary information for
the Commission to render an opinion in the matter, the Executive Director or
Commission Counsel shall notify the subject who filed the request for an
advisory opinion in writing of the determination and, if applicable, provide an
opportunity within a specified period set forth in the notice for the subject
to submit sufficient supplemental information for the Commission to render an
advisory opinion in the matter. The period specified in the notice for the
subject to submit sufficient supplemental information pursuant to this
subsection must be at least 14 days.
2. The subject may:
(a) If applicable, submit the supplemental
information for the Commission to render an advisory opinion in the matter
within the period specified in the notice sent pursuant to subsection
1.
(b) Within 5 business days after
receiving the notice sent pursuant to subsection 1, file a motion with the
Commission to review the determination of the Executive Director and Commission
Counsel, which must include information establishing that the Commission has
jurisdiction over the matter or that the request for an advisory opinion was
properly filed with the necessary information for the Commission to render an
advisory opinion in the matter, as applicable.
3. The Commission may hold a hearing on the
motion filed pursuant to paragraph (b) of subsection 2 or take the motion under
submission without holding a hearing. If the Commission determines that it will
hold a hearing on the motion, the Executive Director or Commission Counsel
shall prepare and serve on the subject a notice of hearing that identifies the
date, time and location of the hearing on the motion.
4. The Commission will deliberate and issue
an order on a motion filed pursuant to paragraph (b) of subsection 2.
5. If the Executive Director or Commission
Counsel provides an opportunity to the subject to supplement the request for an
advisory opinion and the subject submits the supplemental information, the time
limit set forth in NRS 281A.680 for the Commission to render an advisory
opinion in the matter commences on the date on which the Commission receives
the supplemental information from the subject.
6. Except as otherwise provided in this
subsection, if the subject does not submit supplemental information for the
request for an advisory opinion within the period specified in the notice for
the subject to submit sufficient supplemental information pursuant to
subsection 1 or file a motion within 5 business days pursuant to subsection 2,
as applicable, the Executive Director or Commission Counsel shall issue an
order dismissing the request for an advisory opinion. The Executive Director or
Commission Counsel may waive or extend the deadline set forth in the notice for
the subject to submit sufficient supplemental information pursuant to
subsection 1.
Notes
NRS 281A.290, 281A.675
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