Administrative rulemaking is the process of adopting administrative regulations into the Nevada Administrative Code (NAC). Per Nevada Revised Statute (NRS) 233B.038(1)(a), a regulation may be broadly defined as “an agency rule, standard, directive, or statement…which effectuates or interprets law or policy, or describes the organization, procedure, or practice requirements of an agency.” The authority to develop regulations is determined by the Legislature and noted within specific statute, delegating partial legislative authority to an executive agency. This is typically for a policy with complex technical elements requiring the subject-matter expertise of the agency to effectively implement.
The process of administrative rulemaking includes multiple opportunities for public engagement, including workshops and public hearings hosted by the Nevada Department of Education (NDE). Workshops include notice that the agency plans to develop regulations on a given topic; the exact language or content of these regulations may not yet be determined, and the public are welcome to submit their thoughts and recommendations. Public Hearings include proposed language for the developed regulation and an opportunity for the public to provide feedback prior to NDE submitting the proposed regulation for Legislative review. Workshops and public hearings are conducted in accordance with Open Meeting Law (NRS 241.020).
Depending on the designated authority, workshops and public hearings may occur as standalone meetings hosted by NDE, or during regular meetings of the State Board of Education or the Commission of Professional Standards. Public comment for any regulation workshop or public hearing must be submitted to NVBoardEd@doe.nv.gov.