NAC354.942. Advisory opinions: Form; contents; issuance; delivery; appeals.


Latest version.
  •      1. Advisory opinions must:

         (a) Be written;

         (b) Include a statement of facts, question, analysis and opinion;

         (c) Be issued by the Director within 45 days after the filing of the petition unless the Director in writing orders an extension of time up to a maximum of 60 days after filing; and

         (d) Be delivered to the petitioner in person or by certified mail.

         2. Advisory opinions issued by the Director are appealable to the Committee. An appeal of an advisory opinion issued by the Director must be filed not later than 20 days after receipt of the advisory opinion and state with particularity the issues presented, the points of law or fact on which the party relies and the relief requested.

         3. If a person files an appeal of an advisory opinion pursuant to subsection 2, the Committee will hold a hearing on the advisory opinion. The Committee will provide notice of the hearing to the person who filed the appeal not later than 15 days before the hearing.

         4. After the close of a hearing held pursuant to subsection 3, the Committee will issue an order that adopts, reverses or modifies, in whole or in part, the advisory opinion issued by the Director. The Director shall issue the written order and an advisory opinion that reflects the order not later than 60 days after the order is made.

     (Added to NAC by Com. on Local Gov’t Finance by R042-09, eff. 6-30-2010)