Existing law creates the Department of Administration, which includes the Hearings Division of the Department. (NRS 232.213) Under existing law, the Director of the Department is required to serve as the Chief of the Hearings Division, but is authorized to designate one of the appeals officers in the Division to supervise the administrative, technical and procedural activities of the Division. (NRS 232.215) Sections 1 and 2 of this bill transfer the duties to administer the Division from the Director to a Chief who is appointed by and serves at the pleasure of the Governor. Section 2 prescribes the qualifications of the Chief. Section 5 of this bill requires the Chief to supervise the staff of the Division and to report annually to the Director of the Department. Under existing law, the Director of the Department of Administration is required to appoint the hearing officers, and the Governor is required to appoint the appeals officers, of the Division. (NRS 232.215, 616C.300, 616C.340) Existing law requires the Chief of the Division to prescribe by regulation the qualifications for appointment as a hearing officer. (NRS 616C.295; NAC 616C.265, 616C.267) Sections 1 and 8 of this bill transfer the authority to appoint hearing officers to the Governor. Sections 7 and 8 of this bill remove the authority to prescribe the qualifications for a hearing officer by regulation, and instead prescribe statutory qualifications, which require that a hearing officer be an attorney licensed to practice law in Nevada and a member in good standing of the State Bar of Nevada. Section 10 of this bill provides that the revised qualifications apply only to hearing officers who are appointed on or after October 1, 2023. Under existing law, the qualification for appointment as an appeals officer is to be an attorney who has been licensed to practice law in Nevada for at least 2 years. (NRS 616C.340) Section 9 of this bill increases the period of required experience in the practice of law to at least 5 years in Nevada or another jurisdiction at any time before appointment. Section 10 provides that the revised qualifications apply only to appeals officers who are appointed on or after October 1, 2023. Section 6 of this bill requires the Governor to appoint an advisory committee to make recommendations to him or her regarding the appointment and retention of hearing officers and appeals officers. Under existing law, the Chief of the Division is required to perform various duties related to the administration of the Division, including adopting regulations relating to codes of conduct, training and continuing education for hearing officers and appeals officers and preparing an annual report related to cases heard by hearing officers and appeals officers. (NRS 616C.295) Section 7 requires the Chief to maintain a calendar of all matters pending before hearing officers and appeals officers of the Division on the Internet website of the Division in a format that is accessible to the public. Section 7 also: (1) increases the frequency of the preparation of the report from annually to quarterly; and (2) requires the reporting of additional data relating to each hearing officer and appeals officer.

Statutes affected:
As Introduced: 232.215, 232.2165, 616C.295, 616C.300, 616C.340
BDR: 483.902, 483.904, 483.916, 483.939, 484B.560, 200.463, 207.190