NAC233.250. Petition for advisory opinion: Filing and contents; action by Commission.  


Latest version.
  •      1. Except as otherwise provided in subsection 3, a person may petition the Commission for an advisory opinion concerning the applicability of a statute, regulation or decision of the Commission.

         2. A petition for an advisory opinion must be in writing and set forth:

         (a) The name and address of the petitioner;

         (b) A clear and concise statement of the specific question that the petitioner wants the Commission to answer; and

         (c) A statement of the facts that relate to the question described in paragraph (b).

         3. A person may not file a petition for an advisory opinion concerning a question that is an issue in a pending administrative, civil or criminal proceeding in which the person is a party.

         4. The Commission may refuse to review a petition for an advisory opinion if the petition does not contain the information required by subsection 2.

         5. The Commission will review a petition for an advisory opinion and issue an advisory opinion within 30 days after the date on which the Commission received the petition.

         6. An advisory opinion issued by the Commission will be limited to the facts set forth in the petition.

         7. The Commission will not issue an oral advisory opinion. An oral response to a petition for an advisory opinion, including, without limitation, a response given over the telephone by a member of the staff of the Commission, is not a decision or an official advisory opinion of the Commission.

     (Added to NAC by Equal Rights Comm’n by R067-06, eff. 11-16-2006)