Nevada Administrative Code

NAC 477.933 “Hearing officer” defined. (NRS 233B.050, 477.085) “Hearing officer” means the State Fire Marshal or any person designated by the State Fire Marshal to conduct a hearing. (Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)

NAC 477.935 “Party” defined. (NRS 233B.050, 477.085) “Party” means the petitioner or the Division. (Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)

NAC 477.937 “Petitioner” defined. (NRS 233B.050, 477.085) “Petitioner” means a person who requests a hearing. (Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)

NAC 477.940 Scope. (NRS 233B.050, 477.085) NAC 477.930 to 477.997, inclusive, provide procedures for any hearing authorized by statute to be conducted by the Division. (Added to NAC by St. Bd. of Fire Services by R124-13, eff. 6-26-2015)

NAC 477.943 Investigation; notice of alleged violations; administrative hearing. (NRS 477.030, 477.085) 1. When the State Fire Marshal, the Division or its investigators receive written notice alleging fraud, misrepresentation, malpractice, incompetence, gross negligence or reckl…

NAC 477.945 Appearances and representation of parties. (NRS 233B.050, 477.085) 1. Appearances and representation of parties must be as follows: (a) A party is entitled to appear in person or be represented by his or her attorney. (b) One of the partners may appear for a partnersh…

NAC 477.947 Formal pleadings not required. (NRS 233B.050, 477.085) Unless otherwise required by NAC 477.930 to 477.997, inclusive, formal written pleadings are not required, but a party may file with the hearing officer written points and authorities supporting his or her positio…

NAC 477.950 Correspondence; service of documents; inspection of documents. (NRS 233B.050, 477.085) 1. All correspondence regarding a hearing must be addressed to the Office of the State Fire Marshal Division at 107 Jacobsen Way, Carson City, Nevada 89701. 2. All documents shall b…

NAC 477.953 Postponement of hearings. (NRS 233B.050, 477.085) 1. A party may request a change of the date for the hearing. If the hearing officer grants a postponement of the hearing, a new date will be set which is not more than 30 days after the date scheduled for the first hea…

NAC 477.955 Failure to appear. (NRS 233B.050, 477.085) 1. Where the State Fire Marshal has served the petitioner with a notice of the time and place of the hearing and neither the petitioner nor the petitioner’s attorney appears and that failure to attend is without good cause, t…

NAC 477.957 Prehearing conference. (NRS 233B.050, 477.085) 1. A prehearing conference may be held, upon the motion of the hearing officer or upon the motion of any party, to formulate or simplify the issues, obtain admissions of fact and of documents which will avoid unnecessary …

NAC 477.960 Hearing officer; record. (NRS 233B.050, 477.085) Every hearing will be conducted before a hearing officer and the oral proceedings recorded by equipment for recording sound. The record will be retained for a period of 90 days after the date of the decision. A certifie…

NAC 477.963 Behavior at hearing. (NRS 233B.050, 477.085) If any person behaves in such a manner as to interfere with the orderly conduct of the hearing, the hearing officer will warn the person to cease the improper behavior. The warning will be part of the record. If the imprope…

NAC 477.965 Hearing conducted by Division: Manner of taking testimony; where conducted. (NRS 233B.050, 477.085) Notwithstanding any specific statute to the contrary, with regard to any hearing required to be conducted by the Division pursuant to this chapter: 1. The testimony of …

NAC 477.967 Presentation of evidence. (NRS 233B.050, 477.085) 1. In all hearings, unless otherwise ordered by the hearing officer, the Division will present its evidence first and has the right of rebuttal. 2. When an objection is made to the admissibility of evidence, the eviden…

NAC 477.970 Fees and expenses of witnesses. (NRS 233B.050, 477.085) 1. Any witness appearing on behalf of the Division or testifying on behalf of the Division, except a party or an officer or employee of this State testifying during his or her regular hours for work, is entitled …

NAC 477.973 Consolidation. (NRS 233B.050, 477.085) The State Fire Marshal may consolidate two or more proceedings in one hearing when it appears that the issues are substantially the same and the rights of the parties will not be prejudiced by the consolidation. (Added to NAC by …

NAC 477.975 Briefs; oral argument. (NRS 233B.050, 477.085) 1. Briefs which have been ordered by the hearing officer must be filed within the time allowed by the hearing officer and must be accompanied by an acknowledgment or affidavit showing service of the brief on the other par…

NAC 477.977 Rehearing. (NRS 233B.050, 477.085) 1. If a petition for judicial review of the decision has not been filed, upon written application by a party within 20 days after service of a copy of the decision, a rehearing may be ordered upon such terms and conditions as the hea…

NAC 477.980 Order for corrective action: Determination of whether to include order in administrative citation. (NRS 477.085) In addition to any other factors that the State Fire Marshal or the Board uses to determine whether an administrative citation issued pursuant to NRS 477.2…

NAC 477.981 Order for corrective action: Determination of time permitted for compliance. (NRS 477.085) In determining the time permitted for compliance with an order for corrective action, as required to be stated in a written citation pursuant to NRS 477.240, the State Fire Mars…

NAC 477.983 Order for corrective action: Extension of time for compliance. (NRS 477.085) 1. A person who is issued an administrative citation pursuant to NRS 477.240 which includes an order for corrective action may request an extension of time to comply with the order. 2. A requ…

NAC 477.985 Order for corrective action: Responsibility of person cited for performance by hired licensee. (NRS 477.085) If a person who is issued an administrative citation pursuant to NRS 477.240 which includes an order for corrective action hires and pays a licensee to perform…

NAC 477.987 Administrative citation: Service; contents. (NRS 477.085) A written administrative citation issued pursuant to NRS 477.240 may be served by personal service on the person named in the administrative citation, or a designated representative thereof, or by certified mai…

NAC 477.990 Administrative citation: Withdrawal. (NRS 477.085) A written administrative citation issued pursuant to NRS 477.240 may be withdrawn: 1. By the Board at any time. 2. By the State Fire Marshal: (a) Before the citation is deemed a final order of the Board pursuant to NR…

NAC 477.991 Administrative fine: Specification of violation; amount. (NRS 477.085, 477.240) 1. If the State Fire Marshal or his or her designee or the Board issues an administrative citation pursuant to NRS 477.240 which includes an administrative fine, each such fine assessed by…

NAC 477.993 Refusal, suspension or revocation of license; grounds. (NRS 477.030, 477.085) 1. The State Fire Marshal, or the Board upon appeal of a decision of the State Fire Marshal, may refuse to issue or renew, or may suspend or revoke, any certificate of registration or licens…

NAC 477.995 Procedures for review of actions by the Division. (NRS 233B.050, 477.085) Any person who has reason to believe that an action by the Division or one or more staff members has been incorrect, or based on inadequate knowledge, may seek relief by the following procedures…

NAC 477.997 Procedures for declaratory orders and advisory opinions. (NRS 233B.050, 477.085) 1. Any person with a direct and tangible interest who desires a declaratory order or advisory opinion regarding the applicability of any statutory provision or of a regulation or decision…

NAC 480.100 Definitions. (NRS 480.935, 480.950) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 480.110 to 480.175, inclusive, have the meanings ascribed to them in those sections. (Added to NAC by Office of Cyber Defense Coord. …

NAC 480.110 “Certification” defined. (NRS 480.935, 480.950) “Certification” means to attest authoritatively in a written statement. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.115 “Cybersecurity incident response plan” defined. (NRS 480.935, 480.950) “Cybersecurity incident response plan” means a cybersecurity incident response plan that satisfies the requirements of NAC 480.200. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. …

NAC 480.120 “Data breach” defined. (NRS 480.935, 480.950) “Data breach” means an incident where protected or sensitive information is, without limitation, copied, transmitted, viewed, stolen or used by a person not authorized to do so. (Added to NAC by Office of Cyber Defense Coo…

NAC 480.125 “Detect” defined. (NRS 480.935, 480.950) “Detect” means to discover or identify the presence or existence of a cybersecurity threat. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.130 “Distributed denial of service” defined. (NRS 480.935, 480.950) “Distributed denial of service” means a malicious attempt to disrupt the normal traffic of a targeted server, service or network by overwhelming the target or the surrounding infrastructure of the target …

NAC 480.135 “Incident” defined. (NRS 480.935, 480.950) “Incident” means an occurrence that: 1. Actually or potentially results in adverse consequences to an information system or the information such a system processes, stores or transmits and may require an incident response to …

NAC 480.140 “Incident response” defined. (NRS 480.935, 480.950) “Incident response” means the activities that address an incident within the pertinent domain to mitigate immediate and potential adverse consequences or threats. (Added to NAC by Office of Cyber Defense Coord. by R0…

NAC 480.145 “Information system” defined. (NRS 480.935, 480.950) “Information system” means any equipment or interconnected system or subsystem of equipment that processes, transmits, receives or interchanges data or information. (Added to NAC by Office of Cyber Defense Coord. by…

NAC 480.150 “Office” defined. (NRS 480.935, 480.950) “Office” means the Nevada Office of Cyber Defense Coordination of the Department of Public Safety. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.155 “Political subdivision” defined. (NRS 480.935, 480.950) “Political subdivision” means a city or county of this State. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.160 “Protected information” defined. (NRS 480.935, 480.950) “Protected information” means information about any person protected by law or regulation. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.165 “Ransomware” defined. (NRS 480.935, 480.950) “Ransomware” means a type of malware that attempts to deny or denies access to the data of a user of an information system until a ransom is paid. (Added to NAC by Office of Cyber Defense Coord. by R088-19, eff. 12-29-2020)

NAC 480.170 “Sensitive information” defined. (NRS 480.935, 480.950) “Sensitive information” means any information the loss, misuse, modification or unauthorized access of which could adversely affect the public, the privacy of persons as provided by law or regulation or the inter…

NAC 480.175 “Threat” and “cybersecurity threat” defined. (NRS 480.935, 480.950) “Threat” and “cybersecurity threat” mean a circumstance or event that has or indicates the potential to exploit vulnerabilities and to adversely impact the operations or assets, including, without lim…

NAC 480.200 Cybersecurity incident response plan: Contents and requirements. (NRS 480.935, 480.950) A cybersecurity incident response plan must include: 1. Measures that preemptively build, reinforce and improve the capability to prevent, protect against, detect, respond to and r…

NAC 480.205 Cybersecurity incident response plan: Political subdivision authorized to include certain internal groups into plan. (NRS 480.935, 480.950) In addition to information technology, cybersecurity and management groups, a political subdivision may consider incorporating l…

NAC 480.210 Cybersecurity incident response plan: Effective upon certification. (NRS 480.935, 480.950) A cybersecurity incident response plan becomes effective upon certification by a city manager or county manager, as applicable. (Added to NAC by Office of Cyber Defense Coord. b…