237.080 - Prerequisites to adoption of rule by local government. - Nevada Statutes

237.080  Prerequisites to adoption of rule by local government.

      1.  Before a governing body of a local government adopts a proposed rule, the governing body or its designee must notify trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent.

      2.  If the governing body or its designee does not receive any data or arguments from the trade associations or owners or officers of businesses that were notified pursuant to subsection 1 within the period specified in the notification, a rebuttable presumption is created that the proposed rule will not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business.

      3.  After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired, the governing body or its designee shall determine whether the proposed rule is likely to:

      (a) Impose a direct and significant economic burden upon a business; or

      (b) Directly restrict the formation, operation or expansion of a business.

Ê If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee.

      4.  If the governing body or its designee determines pursuant to subsection 3 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall consider methods to reduce the impact of the proposed rule on businesses, including, without limitation:

      (a) Simplifying the proposed rule;

      (b) Establishing different standards of compliance for a business; and

      (c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine.

      5.  After making a determination pursuant to subsection 3, the governing body or its designee shall prepare a business impact statement.

      (Added to NRS by 1999, 2072; A 2005, 1478)