Nevada Administrative Code

NAC 453D.828 Retail marijuana store: Required labeling of edible marijuana products. (NRS 453D.200) 1. A retail marijuana store must affix to each container or package containing edible marijuana products sold at retail and affix to or include with each container or package conta…

NAC 453D.832 Retail marijuana store: Required disclosures and warnings. (NRS 453D.200) 1. A retail marijuana store must provide with all usable marijuana sold at retail accompanying material that discloses any pesticides applied to the marijuana plants and growing medium during p…

NAC 453D.836 Marijuana cultivation facility, marijuana product manufacturing facility and retail marijuana store: Required labeling. (NRS 453D.200) Each marijuana cultivation facility, marijuana product manufacturing facility and retail marijuana store shall: 1. Use for labeling …

NAC 453D.838 Marijuana cultivation facility, marijuana product manufacturing facility and retail marijuana store: Examination of products during finishing operations; collection of representative sample of units; recording of results. (NRS 453D.200) Each marijuana cultivation fac…

NAC 453D.860 Requirements for transportation of marijuana and marijuana products. (NRS 453D.200) 1. A marijuana distributor may transport marijuana and marijuana products between a marijuana establishment and another marijuana establishment or between the buildings of a marijuana…

NAC 453D.864 Duties of distributor delivering marijuana or marijuana products; transportation manifest; duties of originating marijuana establishment and receiving marijuana establishment; maintenance of records. (NRS 453D.200) 1. Before transporting marijuana or marijuana produc…

NAC 453D.868 Storage area for marijuana and marijuana products; verification of inventory; inspection by Department. (NRS 453D.200) 1. Each marijuana distributor shall maintain a storage area for marijuana and marijuana products which includes at least one area which is temperatu…

NAC 453D.870 Amount that may be transported by distributor; transportation by marijuana establishment agent; restrictions on transportation by vehicle. (NRS 453D.200) 1. A marijuana distributor may transport any amount of marijuana or marijuana products that does not violate the …

NAC 453D.874 Transportation between marijuana establishments owned by distributor; use of motor vehicles for transportation; adequate care for perishable marijuana products. (NRS 453D.200) 1. A marijuana distributor that also holds a license for a marijuana establishment of anoth…

NAC 453D.876 Transportation between multiple marijuana establishments; requirements for drivers used by distributor; hours and locations of transportation; reporting of irregularities, motor vehicle crash or break-down of motor vehicle; use of seed-to-sale tracking system. (NRS 4…

NAC 453D.878 Transportation by marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility or retail marijuana store; applicability of provisions relating to distributors. (NRS 453D.200) 1. A marijuana cultivation facility or a marijuana p…

NAC 453D.880 Transportation by marijuana establishment to retail marijuana store. (NRS 453D.200) A marijuana establishment shall not transport marijuana or marijuana products to a retail marijuana store unless the marijuana establishment: 1. Holds a license for a marijuana distri…

NAC 453D.900 Grounds for disciplinary action. (NRS 453D.200) 1. A violation of any of the provisions of this chapter is grounds for disciplinary action by the Department, including, without limitation, immediate revocation of a license for a marijuana establishment pursuant to NR…

NAC 453D.905 Imposition of civil penalty; revocation or suspension of license or marijuana establishment agent registration card; corrective action; categories of violations; imminent health hazard requiring immediate correction or cessation of operations. (NRS 453D.200) 1. The D…

NAC 453D.908 Notice of disciplinary action or civil penalty; rescission of action or penalty by Department; request for hearing. (NRS 453D.200) 1. The Department will notify a person on whom disciplinary action or a civil penalty is imposed pursuant to NAC 453D.905. The notice mu…

NAC 453D.912 Reinstatement of license or marijuana establishment agent registration card: Application; conditions, limitations or restrictions upon reinstatement; denial. (NRS 453D.200) 1. If a person applies for reinstatement of a license or marijuana establishment agent registr…

NAC 453D.920 Grounds for summary suspension; notice; request for hearing. (NRS 453D.200) 1. Pursuant to subsection 3 of NRS 233B.127, if the Department finds that the public health, safety or welfare imperatively requires emergency action, the Department may issue an order of sum…

NAC 453D.925 Authority of party to file answer; amendment of notice or order; request for continuance of hearing; inclusion of documentation in record at hearing. (NRS 453D.200) 1. After being served with a notice or order of summary suspension, a person may, but is not required …

NAC 453D.930 Written discovery request; contents and discovery of investigative file; party barred from serving interrogatories or taking depositions. (NRS 453D.200) 1. At any time after being served with a notice or order of summary suspension, the person may file with the heari…

NAC 453D.940 Contents and service of notice; scheduling; service of findings of fact, conclusions of law and decision; authority of hearing officer to impose disciplinary action or civil penalty. (NRS 453D.200) 1. The hearing officer shall send a notice to set a hearing to the la…

NAC 453D.944 Representation of party; duties of attorney; withdrawal of attorney; bar of attorney from participation or imposition of sanctions; responsibility for costs. (NRS 453D.200) 1. In any hearing against a person pursuant to this chapter, the person may appear on his or h…

NAC 453D.948 Authorized communications to hearing officer. (NRS 453D.200) A party to a hearing shall not communicate either directly or indirectly with the hearing officer about any issue of fact or law related to the case unless the communication: 1. Is part of a pleading, motio…

NAC 453D.952 Prehearing conference; conference before taking testimony. (NRS 453D.200) 1. The hearing officer may, upon his or her own motion or the motion of a party, hold a prehearing conference for the purpose of formulating or simplifying the issues, obtaining admissions of f…

NAC 453D.956 Continuances and recesses. (NRS 453D.200) The hearing officer may, in his or her discretion, either before or during a hearing, grant continuances or recesses. (Added to NAC by Dep’t of Taxation by R092-17, eff. 2-27-2018)

NAC 453D.960 Failure to appear. (NRS 453D.200) At the time and place set for the hearing, if a party fails to appear, the hearing officer may, in his or her discretion, dismiss the proceeding with or without prejudice or may recess the hearing for a period of time to be set by th…

NAC 453D.964 Burden and standard of proof; order of evidence; request and costs for transcription. (NRS 453D.200) 1. The Department has the burden of proof, and the standard of proof is a preponderance of the evidence as defined in NRS 233B.0375. 2. Evidence may be received in an…

NAC 453D.968 Subpoenas. (NRS 453D.200) 1. Except as otherwise provided in this subsection, the Department may issue a subpoena requiring the production of books and papers or the attendance of a witness from any place in the State to the place designated for a hearing for the pur…

NAC 453D.972 Rules of evidence. (NRS 453D.200) 1. The hearing will not be conducted according to the technical rules of evidence. Any relevant evidence may be admitted, except where precluded by law, if it is of a type commonly relied upon by reasonable and prudent persons in the…

NAC 453D.976 Official notice. (NRS 453D.200) The hearing officer may take official notice of the following matters: 1. Rules, regulations, official reports, decisions and orders of the Department and any regulatory agency of the State. 2. Contents of decisions, orders, certificat…

NAC 453D.980 Filing of briefs. (NRS 453D.200) 1. In any hearing, the hearing officer may order briefs filed within such time as he or she allows. 2. Briefs must be filed with the hearing officer and be accompanied by an acknowledgment of or an affidavit showing service on all oth…

NAC 453D.984 Order of proceedings; deviation from order. (NRS 453D.200) 1. Except as otherwise provided in this section, in any hearing pursuant to this chapter, the hearing must proceed as follows: (a) The hearing officer shall call the hearing to order. (b) The parties and thei…

NAC 453D.988 Preparation and service of findings of fact, conclusions of law and final decision by hearing officer. (NRS 453D.200) 1. After the hearing of a contested case, the hearing officer shall prepare findings of fact, conclusions of law and his or her final decision on the…

NAC 453D.990 Motion to request rehearing or reconsideration; response in opposition; order ruling on motion; scope of rehearing. (NRS 453D.200) 1. After the close of the hearing, a party may file only the following motions: (a) A motion requesting a rehearing. (b) A motion reques…

NAC 453D.994 Notice of appeal with Nevada Tax Commission; oral argument; final written decision on appeal; disciplinary action or civil penalty effective until reversed on appeal; authorized judicial review. (NRS 453D.200) 1. The Department, any party to a hearing or a designated…

NAC 453D.996 Judicial review. (NRS 453D.200) 1. Except as otherwise provided in the Nevada Constitution, a party may not seek any type of judicial intervention or review of a hearing until after the hearing results in a final decision of the Nevada Tax Commission. 2. Except as ot…

NAC 454.010 “Board” defined. As used in this chapter, “Board” means the State Board of Pharmacy. [Bd. of Pharmacy, § 454.010, eff. 6-26-80]

NAC 454.030 Sale of nasal inhalers containing stimulants to the central nervous system. Nasal inhalers and preparations designed and intended to be instilled or sprayed into the nostrils, which contain drugs capable of causing stimulation to the central nervous system, the sale o…

NAC 454.040 Security of drugs, chemicals, poisons and restricted devices. Restricted or prescription drugs, chemicals and poisons and restricted devices must be stored within the pharmacy in such a manner and place as will make them inaccessible to the public. The self-service di…

NAC 454.050 Records to be maintained by pharmacist. 1. A pharmacist shall maintain, in connection with any sale of supplies of dangerous drugs to a practitioner, the order presented in connection with the purchase which contains the following information: (a) The name of the prac…

NAC 454.060 Requirements for written prescriptions for dangerous drugs. In addition to the requirements of NRS 454.223, each written prescription for a dangerous drug must: 1. Contain the handwritten signature of the prescribing practitioner in nonerasable ink; and 2. Be submitte…

NAC 455.010 Definitions. (NRS 703.025, 704.260, 704.280) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 455.015 to 455.085, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Pub. Utilities Comm’n …

NAC 455.015 “Affected area of the proposed excavation or demolition” defined. (NRS 703.025, 704.260, 704.280) “Affected area of the proposed excavation or demolition” means the area that is: 1. Within the perimeter of the proposed area of the excavation or demolition; and 2. With…

NAC 455.020 “Approximate location of a subsurface installation” defined. (NRS 703.025, 704.260, 704.280) “Approximate location of a subsurface installation” has the meaning ascribed to it in NRS 455.082. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.025 “Association for operators” defined. (NRS 703.025, 704.260, 704.280) “Association for operators” has the meaning ascribed to it in NRS 455.084. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.030 “Commission” defined. (NRS 703.025, 704.260, 704.280) “Commission” means the Public Utilities Commission of Nevada. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.035 “Damage” defined. (NRS 703.025, 704.260, 704.280) “Damage” has the meaning ascribed to it in NRS 455.086. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.040 “Demolition” defined. (NRS 703.025, 704.260, 704.280) “Demolition” has the meaning ascribed to it in NRS 455.088. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)