NAC656.415. Request for advisory opinion; issuance.

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

     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.

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

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

     6. An advisory opinion issued by the Board is not binding for the purposes of judicial review.

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

     (Added to NAC by Cert. Court Reporters’ Bd. by R030-09, eff. 10-27-2009)