Nevada Administrative Code

NAC 455.345 Continuances. (NRS 703.025, 704.260, 704.280) The Commission may, for good cause, either before or during a hearing, grant a continuance of the hearing for the convenience of the parties or the Commission. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2…

NAC 455.350 Discovery and investigation. (NRS 455.170, 703.025, 704.260, 704.280) 1. The Commission, the staff, any party to a complaint or any potential complainant is subject to the provisions of this chapter concerning discovery, but is not bound by the Nevada Rules of Civil P…

NAC 455.355 Testimony; oath of witnesses; sworn evidence of certain witnesses; cross-examination, redirect examination and recross-examination. (NRS 703.025, 704.260, 704.280) 1. All testimony to be considered by the Commission at a hearing must be sworn testimony, except for mat…

NAC 455.360 Authority of Commission or presiding officer. (NRS 703.025, 704.260, 704.280) 1. The Commission or presiding officer will: (a) Call a hearing to order and take the appearances of the parties to the complaint who are present. (b) Hold appropriate conferences, including…

NAC 455.365 Order of proceedings; rebuttal evidence; questioning of witnesses by certain persons to clarify testimony. (NRS 703.025, 704.260, 704.280) 1. Complainants may present their evidence first at a hearing. Then the respondents may present their evidence. The Commission wi…

NAC 455.370 Order requiring appearance of witness or compelling production of document. (NRS 703.025, 704.260, 704.280) 1. If a party to a complaint fails to respond adequately to a request for discovery, the party requesting the discovery may move for an order for the appearance…

NAC 455.375 Admissibility of evidence: Relevancy. (NRS 703.025, 704.260, 704.280) 1. All evidence offered in a hearing, including, without limitation, the testimony of a witness, must be relevant. 2. For the purposes of this section, evidence is “relevant” only if the evidence ha…

NAC 455.380 Objections concerning admissibility of evidence. (NRS 703.025, 704.260, 704.280) 1. An objection to the admissibility of evidence may be made by any party to the complaint, and the objection must be ruled on by the presiding officer. When an objection is made to the a…

NAC 455.385 Stipulations regarding facts in issue. (NRS 703.025, 704.260, 704.280) 1. With the approval of the Commission, the parties may stipulate as to any fact in issue, either by written stipulation introduced in evidence as an exhibit or by an oral statement made upon the r…

NAC 455.390 Interim orders. (NRS 703.025, 704.260, 704.280) 1. The Commission may, in the course of a hearing and before entering a decision or a recommended decision, issue an appropriate written interim order. 2. An interim order is not subject to exceptions or petitions for re…

NAC 455.395 Official notice. (NRS 703.025, 704.260, 704.280) The Commission may take official notice of the following matters: 1. Rules, regulations, official reports, decisions and orders of the Commission and any other agency of this State. 2. Contents of decisions, orders, cer…

NAC 455.400 Briefs. (NRS 703.025, 704.260, 704.280) In any hearing, the Commission or presiding officer may order briefs to be filed within a reasonable time. The briefs must be filed in accordance with the provisions of NAC 703.132 and must be accompanied by an acknowledgment of…

NAC 455.405 Oral arguments. (NRS 703.025, 704.260, 704.280) The Commission may, following the filing of briefs or upon contested motions, set the matter for oral argument upon 10 working days’ notice to each party to the complaint, unless the Commission considers a shorter time a…

NAC 455.410 Submission of matter for decision. (NRS 703.025, 704.260, 704.280) Unless otherwise specifically ordered, a matter stands submitted for decision by the Commission at the close of the hearing. (Added to NAC by Pub. Utilities Comm’n by R156-03, eff. 8-25-2004)

NAC 455.415 Reopening proceedings to receive additional evidence. (NRS 703.025, 704.260, 704.280) At any time after the conclusion of a hearing and before the issuance of a final order, the Commission, on its own motion, may reopen the proceedings for the taking of additional evi…

NAC 455.425 Date of issuance and effective date of order. (NRS 703.025, 704.260, 704.280) 1. The date of the issuance of an order is the day the Secretary signs and verifies the order and affixes the seal of the Commission on the order. The date of issuance of an order may or may…

NAC 455.430 Petition for reconsideration or rehearing. (NRS 703.025, 704.260, 704.280) 1. A petition for reconsideration must specifically: (a) Identify each portion of the challenged order which the petitioner deems to be unlawful, unreasonable or based on erroneous conclusions …

NAC 455.435 Copies of transcripts. (NRS 703.025, 704.260, 704.280) Any party may obtain a copy of the transcript of a hearing before the Commission from the official reporter upon payment of the fees fixed therefor. The original and one copy of each transcript must be provided to…

NAC 455.445 Reimbursement for costs of prosecution: Procedure; determination of reimbursable costs. (NRS 455.170, 703.025, 704.260, 704.280) 1. If a civil penalty is assessed by the Commission and the complainant wishes to recover his or her costs pursuant to subsection 6 of NRS …

NAC 455.450 Reimbursement for costs of prosecution: Order; payment. (NRS 455.170, 703.025, 704.260, 704.280) 1. Within 15 calendar days after determining the reimbursable fees, the Commission will enter an order establishing the reimbursable fees as determined pursuant to NAC 455…

NAC 455C.002 Definitions. (NRS 455C.110) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 455C.004 to 455C.012, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Div. of Industrial Relations by R101…

NAC 455C.004 “Administrator” defined. (NRS 455C.110) “Administrator” means the Administrator of the Division. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.006 “Chief” defined. (NRS 455C.110) “Chief” means the Chief Administrative Officer of the Mechanical Compliance Section. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004; A by R077-14, 1-16-2015; R045-20, 10-26-2020)

NAC 455C.008 “Division” defined. (NRS 455C.110) “Division” means the Division of Industrial Relations of the Department of Business and Industry. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.012 “Mechanical Compliance Section” defined. (NRS 455C.110) “Mechanical Compliance Section” means the Section which has been created within the Division as the regulatory authority with jurisdiction for the enforcement of the provisions of this chapter and chapter 455C o…

NAC 455C.015 Regulatory authority and jurisdiction for enforcement of certain provisions. (NRS 455C.110) For the purposes of the publications adopted by reference in NAC 455C.500, the Mechanical Compliance Section is the regulatory authority and the authority having jurisdiction …

NAC 455C.020 Definitions. (NRS 455C.110, 455C.112) As used in NAC 455C.020 to 455C.300, inclusive, unless the context otherwise requires, the words and terms defined in NAC 455C.022 to 455C.107, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Div…

NAC 455C.022 “Alteration” defined. (NRS 455C.110) “Alteration” means a change in any item described in the data report from the original manufacturer for a boiler or pressure vessel which affects the capability of the boiler or pressure vessel to contain pressure, and includes: 1…

NAC 455C.024 “Authorized inspection entity” defined. (NRS 455C.110) “Authorized inspection entity” means: 1. The Mechanical Compliance Section; 2. An insurance company that: (a) Is licensed in this State to write insurance for a boiler or pressure vessel; and (b) Employs or contr…

NAC 455C.026 “Boiler” defined. (NRS 455C.110, 455C.112) “Boiler” has the meaning ascribed to it in NRS 455C.020 and includes the equipment and apparatuses used in connection with a water heater. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004; A by R033-…

NAC 455C.028 “Boiler inspector” defined. (NRS 455C.110) “Boiler inspector” means a person who: 1. Inspects boilers or pressure vessels; 2. Holds a commission; and 3. Is employed or retained as an independent contractor by an authorized inspection entity. (Added to NAC by Div. of …

NAC 455C.030 “Certificate” defined. (NRS 455C.110) “Certificate” means a certificate to work as a special inspector that is issued by the Mechanical Compliance Section pursuant to NAC 455C.130. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004; A by R045-2…

NAC 455C.032 “Code” defined. (NRS 455C.110) “Code” means: 1. Any provision of a code relating to the construction of boiler and pressure vessels that has been approved by the National Board; or 2. Any provision set forth in NAC 455C.020 to 455C.300, inclusive, including, without …

NAC 455C.034 “Commission” defined. (NRS 455C.110) “Commission” means the commission issued by the National Board to a person who is authorized to make inspections of boilers or pressure vessels. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.036 “Contractor” defined. (NRS 455C.110) “Contractor” has the meaning ascribed to it in NRS 624.020. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.038 “Electric boiler” defined. (NRS 455C.110) “Electric boiler” means a power boiler or heating boiler in which the source of heat is electricity. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.039 “Equipment and apparatuses used in connection with a water heater” defined. (NRS 455C.110, 455C.112) 1. “Equipment and apparatuses used in connection with a water heater” means the following systems and rooms that are used for fuel-fired water heater systems: (a) The…

NAC 455C.040 “Existing installation” defined. (NRS 455C.110) “Existing installation” means any boiler or pressure vessel constructed, installed, placed in operation or contracted for use in this State before December 15, 2004. (Added to NAC by Div. of Industrial Relations by R101…

NAC 455C.042 “External inspection” defined. (NRS 455C.110) “External inspection” means an inspection which is made when a boiler or pressure vessel is operating. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.044 “Factor of safety” defined. (NRS 455C.110) “Factor of safety” means the figure arrived at by dividing the pressure which will burst a boiler or pressure vessel by the maximum allowable working pressure as determined by the formulas set forth in the code that was appl…

NAC 455C.046 “Fired pressure vessel” defined. (NRS 455C.110) “Fired pressure vessel” means a vessel other than a boiler in which steam or vapor pressure is generated in excess of 15 pounds per square inch gauge by direct firing with a solid, liquid or gaseous fuel or by an electr…

NAC 455C.048 “Heat exchanger” defined. (NRS 455C.110) “Heat exchanger” means a device for transferring energy in the form of heat from a warmer medium to a cooler medium. The term includes a radiator. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.050 “High-pressure, high-temperature water boiler” defined. (NRS 455C.110) “High-pressure, high-temperature water boiler” means a water boiler that operates at pressures in excess of 160 PSIG and at temperatures in excess of 250 degrees Fahrenheit. (Added to NAC by Div. …

NAC 455C.052 “Hot water heating boiler” defined. (NRS 455C.110) “Hot water heating boiler” means a boiler that is designed to heat water for circulation through an external system for space heating. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.054 “Hot water supply boiler” defined. (NRS 455C.110) “Hot water supply boiler” means a boiler that is used to heat water for purposes other than space heating. (Added to NAC by Div. of Industrial Relations by R101-02, eff. 12-15-2004)

NAC 455C.056 “Inspection for an operating permit” defined. (NRS 455C.110) “Inspection for an operating permit” means an inspection: 1. That is used by the Mechanical Compliance Section as the basis for issuing, withholding or revoking an operating permit; and 2. For which a repor…

NAC 455C.058 “Inspection organization” defined. (NRS 455C.110) “Inspection organization” means an owner or user of boilers or pressure vessels who maintains an inspection program that includes inspection procedures which comply with the National Board Inspection Code adopted by r…