Nevada Administrative Code

NAC 239.699 Protection and preservation of records: General requirements; training for employees. (NRS 378.255, 378.280) 1. A state agency shall take such measures as are necessary to ensure that the records in its legal custody are protected from unlawful removal, misuse, damage…

NAC 239.700 Records officer: Designation and replacement; responsibilities; duties of Division. (NRS 378.255, 378.280) 1. Except as otherwise provided in subsection 3, the head of each state agency shall designate a records officer. A person designated pursuant to NRS 239.008 to …

NAC 239.705 “Official state record” and “record” interpreted. (NRS 378.255, 378.280) 1. For the purposes of NRS 239.080 and as used in NAC 239.570 to 239.750, inclusive, “official state record” or “record” means information created or received by a state agency under authority of…

NAC 239.711 Destruction of nonrecord materials. (NRS 378.255, 378.280) Nonrecord materials may, if not otherwise prohibited by law, be destroyed at any time by a state agency without being scheduled for destruction by the Committee. (Added to NAC by Library & Archives Admin’r by …

NAC 239.722 Disposal of confidential records. (NRS 378.255, 378.280) A record which has been declared confidential pursuant to NRS 239.010 must be disposed of only in accordance with the applicable schedule and: 1. In the manner required by the laws, regulations, established stan…

NAC 239.740 Storage of records: Transfer of records to records center; storage of records not transferred to records center or office space owned by state agency; private facilities. (NRS 378.255, 378.280) 1. A state agency may transfer a record to the records center. 2. Subject …

NAC 239.742 Storage of records in space or facility other than records center or office space owned by state agency. (NRS 378.255, 378.280) 1. Any records stored by a state agency in a space or facility other than the records center or an office space owned by the state agency mu…

NAC 239.745 Records management program of Nevada System of Higher Education. (NRS 378.255, 378.280) 1. The Board of Regents of the University of Nevada shall establish a records management program. The Board of Regents shall provide a facility for the storage of the records on ea…

NAC 239.750 Procedure upon abolishment or disbanding of state agency; procedure upon reorganization or reinstatement of defunct state agency. (NRS 378.255, 378.280) 1. Upon receiving notice that a state agency is being abolished or disbanded, the head of the state agency, whether…

NAC 239.850 Transfer for archival preservation and public access; maintenance in Nevada; legal custody; return from archival repository. (NRS 378.255, 378.280) 1. For the purposes of subsection 2 of NRS 241.035, the minutes of a public body, including agendas, exhibits and other …

NAC 239.860 “Readily available” interpreted. (NRS 239.008, 378.255) For the purposes of NRS 239.0107, as applicable to an agency of the Executive Department, a public record is “readily available” if: 1. The public record is easily retrievable by an officer, employee or agent of …

NAC 239.861 “Readily available medium” interpreted. (NRS 239.008, 378.255) For the purposes of NRS 239.010, as applicable to an agency of the Executive Department, “readily available medium” means any format in which a public record exists with the agency at the time that a perso…

NAC 239.862 Certain information concerning availability of public records to be made available by agency on Internet. (NRS 239.008, 378.255) A records official of each agency of the Executive Department shall ensure that the agency makes available on the website maintained by the…

NAC 239.863 Form to inspect, copy or receive copy of public record. (NRS 239.008, 378.255) 1. The form to request to inspect, copy or receive a copy of a public record of an agency of the Executive Department must include, without limitation: (a) The name, address and telephone n…

NAC 239.864 Fee for providing copy of public record: Estimate of fee; deposit. (NRS 239.008, 378.255) If an agency of the Executive Department charges a fee for providing a copy of a public record: 1. A records official shall provide a person who requests a copy of a public recor…

NAC 239.865 Records official authorized to request additional information or clarification relating to request to inspect, copy or receive public record. (NRS 239.008, 378.255) A records official may request additional information or clarification from a person who has requested …

NAC 239.866 Requirements for inspection of public record. (NRS 239.008, 378.255) 1. A records official of each agency of the Executive Department shall ensure that the agency provides a suitable space for a person to inspect a public record in a manner that does not cause excessi…

NAC 239.867 No requirement to create public record that does not exist. (NRS 239.008, 378.255) If a person requests to inspect, copy or receive a copy of a public record that does not exist, a records official or an agency of the Executive Department is not required to create a p…

NAC 239.868 Agency prohibited from disposing of requested public record; disposal of unclaimed copy of public record. (NRS 239.008, 378.255) 1. Except as otherwise provided in subsection 2, if a person requests to inspect, copy or receive a copy of a public record, the records of…

NAC 239.869 Adoption by reference of Nevada Public Records Act: A Manual for State Agencies. (NRS 239.008, 378.255) The State Library, Archives and Public Records Administrator hereby adopts by reference the Nevada Public Records Act: A Manual for State Agencies, 2014 edition, an…

NAC 239.900 Definitions. (NRS 239.125, 378.255, 378.280) As used in NAC 239.900 to 239.945, inclusive, unless the context otherwise requires, the words and terms defined in NAC 239.902 to 239.930, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by L…

NAC 239.902 “Authorized personnel” defined. (NRS 239.125, 378.255, 378.280) “Authorized personnel” includes, without limitation: 1. The records officer, legal counsel and appointing authority of the governmental entity; 2. Any person who is designated by the appointing authority …

NAC 239.904 “Disposition” defined. (NRS 239.125, 378.255, 378.280) “Disposition” means the destruction of a record or the transfer of a record to the State Archives for permanent retention. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.906 “Electronic record” defined. (NRS 239.125, 378.255, 378.280) “Electronic record” means a record of a governmental entity that is stored by the governmental entity in an electronic format, such that a computer or machine is required to access or process the record. (Ad…

NAC 239.908 “Governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Governmental entity” means: 1. A local governmental entity; 2. A state agency; or 3. The Board of Regents of the University of Nevada. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-20…

NAC 239.910 “Historical value” defined. (NRS 239.125, 378.255, 378.280) “Historical value” has the meaning ascribed to it in NAC 239.597. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.912 “Local governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Local governmental entity” has the meaning ascribed to it in NRS 239.121. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.914 “Migration” defined. (NRS 239.125, 378.255, 378.280) “Migration” means the transfer of an electronic record from one hardware, software or database structure to another or from one generation of computer technology to another for the purpose of assuring the preservati…

NAC 239.916 “Official state record” defined. (NRS 239.125, 378.255, 378.280) “Official state record” has the meaning ascribed to it in NAC 239.705. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.918 “Record” defined. (NRS 239.125, 378.255, 378.280) “Record” includes, without limitation, a record of a local governmental entity and an official state record. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.920 “Record of a local governmental entity” defined. (NRS 239.125, 378.255, 378.280) “Record of a local governmental entity” has the meaning ascribed to it in NAC 239.101. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.922 “Records management” defined. (NRS 239.125, 378.255, 378.280) “Records management” means the systematic control and management of a record throughout the life cycle of the record, including, without limitation, the creation, use, maintenance, retention and ultimate di…

NAC 239.924 “Records officer” defined. (NRS 239.125, 378.255, 378.280) “Records officer” means: 1. In the case of a state agency, the person designated pursuant to NAC 239.700 by the head of the state agency; or 2. In the case of the Board of Regents of the University of Nevada o…

NAC 239.926 “Schedule” defined. (NRS 239.125, 378.255, 378.280) “Schedule” means, as applicable: 1. A schedule for the retention of records approved by the State Library, Archives and Public Records Administrator pursuant to NAC 239.155; or 2. A schedule for the retention and dis…

NAC 239.928 “State agency” defined. (NRS 239.125, 378.255, 378.280) “State agency” has the meaning ascribed to it in NAC 239.690. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.930 “State Archives” defined. (NRS 239.125, 378.255, 378.280) “State Archives” has the meaning ascribed to it in NAC 239.692. (Added to NAC by Library & Archives Admin’r by R118-12, eff. 10-24-2014)

NAC 239.935 Sealed records. (NRS 239.125, 378.255, 378.280) 1. If a governmental entity is required by law or a court of competent jurisdiction to seal a record which is in its legal custody, the governmental entity must make the record accessible only to authorized personnel of …

NAC 239.940 Transfer of electronic records of historical value. (NRS 239.125, 378.255, 378.280) 1. If the Committee requires a state agency to transfer an electronic record of historical value to the State Archives, the state agency must transfer the electronic record to the Stat…

NAC 239.945 Electronic records. (NRS 239.051, 239.125, 378.255) 1. The electronic recordkeeping system described in NRS 239.051 of a governmental entity must be designed and maintained so that the electronic recordkeeping system is able to: (a) Manage each electronic record in th…

NAC 240.200 Fee for processing application for notary public or electronic notary public nonrefundable. (NRS 240.017, 240.192, 240.206) The fee required to be paid to the Secretary of State pursuant to the provisions of paragraph (a) of subsection 1 of NRS 240.030 and NRS 240.192…

NAC 240.205 Revocation of appointment for returned check which was used to pay application fee. (NRS 240.017) 1. If a check which is used to pay the application fee for appointment as a notary public or the fee for filing the required bond and oath is returned by a bank for lack …

NAC 240.210 Form of name: Application; bond; official signature. (NRS 240.017) 1. A person applying for appointment as a notary public may use his or her given name, a short or familiar form of his or her given name or the first initial of his or her given name, followed by the p…

NAC 240.215 Fingerprints, written authorization and processing fee required to be submitted with application. (NRS 240.017, 240.030) Each person applying for appointment as a notary public must submit: 1. A complete set of the fingerprints of the applicant and written permission …

NAC 240.220 Incomplete applications. (NRS 240.017) If an application for appointment as a notary public is incomplete, the Secretary of State will retain the application for at least 1 year from the date of receipt of the application. If the clerk of the county in which the appli…

NAC 240.223 Assignment of identification number. (NRS 240.017) 1. The Secretary of State will assign a unique number to each original certificate of appointment prepared by his or her Office. The number will be used to identify the notary public whose name appears on the certific…

NAC 240.235 Period of appointment. (NRS 240.017) 1. Except as otherwise provided in subsection 2, the period of appointment of a notary public begins on the effective date of the bond entered into pursuant to the provisions of NRS 240.030. 2. If the bond does not have an effectiv…

NAC 240.240 Cancellation of appointment. (NRS 240.017) The cancellation of the appointment of a notary public pursuant to subsection 4 of NRS 240.010 is effective upon receipt by the Secretary of State of the notice requesting cancellation of the appointment. (Added to NAC by Sec…