CHAPTER 445B - AIR CONTROLS

NAC 445B.832 Inspection of premises of vehicle dealer for purposes of enforcement and administration. (NRS 445B.210, 445B.760) 1. For the purposes of enforcing or administering any federal or state law, order, regulation or rule relating to vehicular sources of emissions, an auth…

NAC 445B.834 Certain warranties required to be provided to purchaser and included with vehicle. (NRS 445B.210, 445B.760) 1. Beginning with model year 2025, each manufacturer of passenger cars, light-duty trucks, medium-duty vehicles and motor vehicle engines subject to the requir…

NAC 445B.836 Compliance with requirements for emissions-related recall campaigns; exception. (NRS 445B.210, 445B.760) 1. Except as otherwise provided in subsection 2, for all passenger cars, light-duty trucks, medium-duty vehicles, and motor vehicle engines subject to an emission…

NAC 445B.838 Zero emission vehicles: Required certification; duty of manufacturer. (NRS 445B.210, 445B.760) 1. Beginning with model year 2025, all zero emission vehicles must be certified by the Executive Officer of CARB in accordance with section 1962.2(a) of Title 13 of the Cal…

NAC 445B.840 Early action credits for model years 2022, 2023 and 2024: Authority for manufacturer to earn; management and deposit by Department. (NRS 445B.210, 445B.760) 1. A manufacturer may earn early action credits for any 2022, 2023 and 2024 model year range extended battery …

NAC 445B.842 Manufacturer required to open account for banking ZEV credits; deposit of credits in account by Department. (NRS 445B.210, 445B.760) 1. Beginning with model year 2025, a manufacturer shall open an account in the California ZEV Credit Reporting and Data Tracking Syste…

NAC 445B.844 Annual report by manufacturer of ZEV credits generated or transferred. (NRS 445B.210, 445B.760) On or before September 1 of each year, each manufacturer must submit to the Department a report detailing the credits generated or credits transferred to or from any manuf…

NAC 445B.846 Manufacturer failing to meet credit obligation required to make up deficiency; administrative fine. (NRS 445B.760, 445B.835) 1. A manufacturer that fails to meet the credit obligation for the production and delivery of zero emission vehicles in this State in a given …

NAC 445B.850 Definitions. (NRS 445B.830) As used in NAC 445B.850 to 445B.857, inclusive, unless the context otherwise requires: 1. “Committee” means the Advisory Committee on the Control of Emissions From Motor Vehicles created pursuant to NRS 445B.830. 2. “Division of Environmen…

NAC 445B.853 Creation; membership; Chair; Vice Chair. (NRS 445B.830) 1. The Advisory Committee on the Control of Emissions From Motor Vehicles is hereby created. 2. The Committee consists of 11 members appointed by the Deputy Director of the Department of Motor Vehicles. The Depu…

NAC 445B.855 Terms of Chair and Vice Chair; terms and removal of members; service without salary. (NRS 445B.830) 1. Unless removed pursuant to the provisions of subsection 3: (a) The Chair and the Vice Chair of the Committee serve in that capacity for a term of not more than 2 ye…

NAC 445B.857 Meetings; quorum; minutes. (NRS 445B.830) 1. The Committee shall meet at least quarterly, or more frequently at the call of the Chair, at the time and place designated by the Chair. 2. A majority of all appointed members who are eligible to vote constitutes a quorum.…

NAC 445B.875 Definitions. (NRS 233B.050) 1. As used in NAC 445B.875 to 445B.899, inclusive, unless the context otherwise requires, the words and terms defined in NAC 445B.877 to 445B.884, inclusive, have the meanings ascribed to them in those sections. 2. The meanings ascribed to…

NAC 445B.877 “Appellant” defined. (NRS 233B.050, 445A.425, 445A.860, 445A.880, 445B.210) 1. “Appellant” means any person: (a) Except as otherwise provided in subsection 2, who requests a hearing before the Commission, pursuant to chapter 278, 444, 444A, 445A, 445B, 459 or 519A of…

NAC 445B.879 “Commission” defined. (NRS 233B.050) “Commission” means the State Environmental Commission or a panel of three or more members of the State Environmental Commission in accordance with NRS 445A.610 and 445B.350, where appropriate. [Environmental Comm’n, Practice Rule …

NAC 445B.881 “Department” defined. “Department” means the State Department of Conservation and Natural Resources. (Supplied in codification)—(Substituted in revision for NAC 445.983)

NAC 445B.882 “Director” defined. (NRS 233B.050) “Director” means the Director of the Department. [Environmental Comm’n, Practice Rule 1 § A par. (3), eff. 4-3-74; renumbered as § 1.1.3, 1-9-76]—(Substituted in revision for NAC 445.984)

NAC 445B.884 “Person” defined. (NRS 233B.050) “Person” has the meaning ascribed to it in NRS 445B.150. [Environmental Comm’n, Practice Rule 1 § A par. (4), eff. 1-7-73; A 4-3-74; renumbered as § 1.1.4, 1-9-76]—(Substituted in revision for NAC 445.985)

NAC 445B.885 Inapplicability of provisions to certain appeals of disciplinary action. (NRS 233B.050, 445A.425, 445A.860, 445A.880) The provisions of NAC 445B.875 to 445B.899, inclusive, do not apply to the appeal of a disciplinary action taken by the Division of Environmental Pro…

NAC 445B.886 Petitions to adopt, file, amend or repeal regulations. (NRS 233B.050) 1. Any interested person may petition the Commission in writing for the adoption, filing, amendment or repeal of any regulation and shall accompany his or her petition with relevant data, views and…

NAC 445B.888 Declaratory orders, advisory opinions. (NRS 233B.050) 1. Any member of the public may petition the Commission for a declaratory order or an advisory opinion as to the applicability of any statutory provision, Commission regulation or decision as required by form 2.* …

NAC 445B.890 Appeal of final decision of Department: Request for hearing; basis for appeal. (NRS 233B.050) 1. Any person aggrieved by a final decision of the Department may, not later than 10 days after notice of the action of the Department, appeal the decision by filing a reque…

NAC 445B.891 Notice of hearing. (NRS 233B.050) 1. The Secretary of the Commission will schedule a hearing to be held within 20 days after receipt of the request for a hearing or an order to appear before the Commission unless each party to the hearing waives the right to a hearin…

NAC 445B.8913 Prehearing conference. (NRS 233B.050) 1. The Commission may, upon its own motion or a motion made by a party, conduct a prehearing conference to: (a) Formulate, simplify or limit the issues involved in a hearing; (b) Obtain admissions of fact or any stipulation of t…

NAC 445B.8914 Identification of witnesses; identification, exchange and admissibility of exhibits; admissibility and relevancy of evidence. (NRS 233B.050) 1. Except as otherwise provided by an order of the Commission, each party to a hearing before the Commission shall, not later…

NAC 445B.8915 Intervention in certain proceedings. (NRS 233B.050, 445B.210) 1. A person, other than a party to a proceeding, who believes that he or she may be directly and substantially affected by the proceeding may request an order to intervene in the proceeding by filing a wr…

NAC 445B.892 Subpoenas. (NRS 233B.050) 1. Subpoenas to compel attendance of any person at a hearing or to require the production of books, records or other documents may be issued by the Commission. 2. Requests for the issuance of subpoenas must be made to the Commission in writi…

NAC 445B.8925 Briefs. (NRS 233B.050) 1. The Commission may, upon its motion or a motion by a party, order the parties to a hearing to file an opening brief, a response brief and a reply brief. 2. Except as otherwise provided by an order of the Commission, if the Commission orders…

NAC 445B.893 Panels to conduct certain hearings; decision of panel. (NRS 233B.050) Three or more members of the Commission constitute a proper panel, where appropriate, in accordance with NRS 445A.610 and 445B.350, and a majority of those present must concur in any decision. The …

NAC 445B.894 Change in time or place of hearing; informal disposition of matter; dismissal. (NRS 233B.050) 1. Upon good cause shown, the Commission may vacate and reset the time of hearing. 2. Upon good cause shown, the Commission may transfer the place of hearing to a more appro…

NAC 445B.895 Appearance of parties; procedure at hearing. (NRS 233B.050) 1. The parties may appear in person and may be represented by an attorney. 2. An attorney who represents a party before the Commission in a contested case must be an active member of and in good standing wit…

NAC 445B.8953 Conduct at hearing; maintenance of order. (NRS 233B.050) 1. A person who appears in a proceeding shall conform to the recognized standards of ethical and courteous conduct as determined by the Commission. All parties to a hearing, their counsel and the spectators sh…

NAC 445B.8957 Consolidation of proceedings. (NRS 233B.050) 1. The Commission may consolidate two or more proceedings if it appears that the issues are substantially the same and the rights of the parties will not be prejudiced by the consolidation. 2. At a consolidated hearing, t…

NAC 445B.896 Findings of Commission. (NRS 233B.050) 1. At the conclusion of the hearing, the Commission may take the case under submission and will notify the appellant and any other party to the hearing of its findings and recommendations in writing within 30 days after the date…

NAC 445B.897 Record of hearing. (NRS 233B.050) 1. Each hearing must be recorded electronically. An electronic recording of the hearing must be made available for inspection or copying. A party who requests a copy of an electronic recording must pay the cost to copy the recording.…

NAC 445B.899 Petitions for reconsideration or rehearing. (NRS 233B.050) 1. A petition for reconsideration must specifically: (a) Identify each portion of the challenged decision which the petitioner deems to be unlawful, unreasonable, or based on erroneous conclusions of law or m…