Nev. Admin. Code § 281A.360 - Determination of jurisdiction: Duties of Executive Director; request for review
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.
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. If the subject does not submit
supplemental information for the request for an advisory opinion or file a
motion pursuant to this section, as applicable, the Executive Director or
Commission Counsel shall issue an order dismissing the request for an advisory
opinion.
Notes
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