Nevada Administrative Code Chapter 233 - Nevada Equal Rights Commission
Here’s a detailed overview of Nevada Administrative Code (NAC) Chapter 233 – Nevada Equal Rights Commission, which governs procedures and operations in handling discrimination complaints:
📘 Structure & Scope
NAC Chapter 233 outlines the practice and procedure before the Commission, defining key terms, complaint submission, hearing rules, evidence, parties’ rights, and closure reopening procedures (leg.state.nv.us).
🧾 Key Sections
1. Definitions
Includes critical terms like “Administrator,” “Commission,” “Person who conducts the hearing,” and “Respondent” (casetext.com).
2. Representation of Parties — § 233.103
Allows parties to appear pro se, via designee, or attorney. If represented by counsel, the attorney must:
Be in good standing with the Nevada Bar, and
Submit a letter confirming representation before acting (law.cornell.edu).
3. Complaint Rules — §§ 233.040–.080
Covers:
Submission procedures and forms,
Statutory limits on when events may occur,
How complaints are served on respondents, and
Amendments to complaints (law.cornell.edu, detr.nv.gov, law.justia.com).
4. Investigation & Settlement — §§ 233.105–.135
Sets out:
Informal settlement attempts (conciliation),
Investigation and confidentiality rules,
Rules of evidence, stipulations, briefs, and continuances,
§ 233.135 allows parties to stipulate facts; the Commission may still require proof (law.justia.com, casetext.com).
5. Hearings & Evidence — §§ 233.145–.170
Defines:
Hearing consolidation and continuances,
Authority of hearing officers,
Subpoena and deposition powers,
Procedures and consequences for failure to appear (nevada.public.law, law.justia.com, law.cornell.edu).
6. Records & Decisions — §§ 233.210–.220, .215
After hearings conclude:
The Commission issues its decision formally,
All hearings are recorded; transcripts can be purchased for a fee (casetext.com),
Cases can be reopened under specified circumstances (casetext.com).
7. Advisory & Declaratory Matters — §§ 233.250–.270
Procedure for requesting:
Advisory opinions,
Declaratory orders, and
Rulemaking petitions (casetext.com).
✅ Summary Table
| Topic Area | NAC Sections |
|---|---|
| Definitions | 233.002–.008 |
| Representation | § 233.103 |
| Complaints & Submission | 233.040–.080 |
| Investigation & Conciliation | 233.105–.135 |
| Hearings & Evidence | 233.145–.170 |
| Records, Decisions | § 233.215, 233.210–.220 |
| Advisory & Declaratory | 233.250–.270 |
ℹ️ Relationship to NRS Chapter 233
NAC 233 establishes procedural rules and administrative enforcement.
The core substantive authority (e.g., Commission powers, complaint timelines, penalties) is found in NRS Chapter 233 (law.cornell.edu, leg.state.nv.us, law.justia.com, law.cornell.edu, leg.state.nv.us).
RELATED Blog
0 comments