NAC612.700. Advisory opinion: Request; action by Administrator; limitations.  


Latest version.
  •      1. Except as otherwise provided in subsection 3, a person may request that the Administrator issue an advisory opinion concerning the applicability of a statute, regulation or decision of the Administrator.

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

         (a) The name and address of the person requesting the advisory opinion;

         (b) A clear and concise statement of the specific question for which the advisory opinion is being sought; and

         (c) A statement of the facts that support the advisory opinion being sought.

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

         4. The Administrator will review a request for an advisory opinion and issue a response within 30 days after receiving the request.

         5. An advisory opinion issued by the Administrator will be limited to the facts and circumstances set forth in the request.

         6. An advisory opinion issued by the Administrator is not binding:

         (a) Upon the Division;

         (b) Upon an appeal tribunal for the purposes of a review of a determination made by the Division;

         (c) Upon the Board of Review; or

         (d) For the purposes of judicial review.

     (Added to NAC by Employm’t Security Div. by R199-05, eff. 2-23-2006)