Nevada Administrative Code

NAC 561.480 Amendment of complaint; withdrawal of complaint. (NRS 561.105) 1. The petitioner may amend the complaint at any time. Unless amended at the hearing, an amended complaint will be filed and served in the same manner as the original complaint. The Board or Department wil…

NAC 561.490 Motions: Types; procedure for making; responses. (NRS 561.105) 1. The respondent may make a motion to request: (a) The dismissal of the complaint for failure to state facts which, if true, would form a sufficient basis for discipline; (b) The dismissal of a complaint …

NAC 561.500 Discovery: Scope; procedure. (NRS 561.105) 1. A party to a contested case may serve upon any other party a written demand for: (a) Copies of all documents reasonably available to the other party which are anticipated to be used in support of that party’s position; (b)…

NAC 561.510 Prehearing conferences. (NRS 561.105) 1. Upon written motion of either party or on its own motion, the Board or Department may hold a prehearing conference to: (a) Simplify or limit the issues. (b) Secure and establish for the record any admissions or stipulations. (c…

NAC 561.520 Subpoenas. (NRS 561.105, 561.146) 1. A party may request the Director to issue a subpoena pursuant to NRS 561.146 by submitting a written request that demonstrates the need for the witnesses or documents requested. 2. The requesting party must deposit witness fees and…

NAC 561.530 Failure to appear. (NRS 561.105) 1. If a party fails to appear at a hearing scheduled by the Board or Department and no continuance has been requested or granted, upon an offer of proof by the other party that the absent party was given proper notice and upon a determ…

NAC 561.540 Order of proceedings. (NRS 561.105) 1. Except as otherwise provided in this section, hearings in contested cases will be conducted in the following order: (a) The hearing will be called to order by the Chair of the Board, the Director or the appointed hearing officer.…

NAC 561.550 Motion to exclude witness. (NRS 561.105) If a motion to exclude a witness is granted: 1. The Chair of the Board, Director or appointed hearing officer shall instruct the witness not to discuss the case during the pendency of the proceeding. 2. Any respondent who may a…

NAC 561.560 Examination of witnesses. (NRS 561.105) 1. A party may call any other party or witness as an adverse witness. The party may question such a witness as if conducting a cross-examination. 2. Any party who is surprised by the testimony of a witness, called in good faith …

NAC 561.570 Transcription of hearing. (NRS 561.105) If any party requests and pays the costs for transcription, the Board or Department will make arrangements for a transcription of the hearing. (Added to NAC by Bd. of Agriculture, eff. 2-20-96)

NAC 561.580 Petition for reconsidering or rehearing of decision. (NRS 561.105) 1. Any petition for reconsidering or rehearing an order or decision of the Board or Department in a contested case must be filed with the Board or Department, and served on the other party, within 10 d…

NAC 561.600 Authority of Director to require transactions with or payment to Department to be conducted or made electronically or through Internet website; methods of payment; exemptions. (NRS 561.153) 1. Except as otherwise provided in subsection 3, the Director may require that…

NAC 561.610 Fees for certain services provided by Department or employee of Department; exceptions. (NRS 561.153, 561.315) 1. In any 12-month period, the first sample submitted by a person or group of persons to the Department’s laboratory for plant pathology or nematology servic…

NAC 564.010 Fees. (NRS 561.153, 564.025, 564.030, 564.040, 564.080) 1. To record the temporary use of a brand pursuant to subsection 3 of NRS 564.025, the owner of animals must pay: (a) A nonrefundable application fee of $35; and (b) A recording fee of $50 for the period designat…

NAC 565.010 Definitions. (NRS 565.040) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 565.015 to 565.085, inclusive, have the meanings ascribed to them in those sections. [Dep’t of Agriculture, part Reg. No. 58, eff. 9-1-72; A 8…

NAC 565.015 “Administrator” defined. (NRS 565.040) “Administrator” means the Administrator of the Division. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.018 “Agricultural enforcement officer II” and “agricultural enforcement officer III” defined. (NRS 565.040) “Agricultural enforcement officer II” or “agricultural enforcement officer III” means an employee who: 1. Is under the immediate supervision of the Administrator; 2…

NAC 565.021 “Animals” and “livestock” defined. (NRS 565.040) “Animals” or “livestock” means: 1. All cattle and other members of the bovine species; and 2. All horses, mules, burros, asses and other members of the equine species. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.026 “Brand inspection” defined. (NRS 565.040) “Brand inspection” means a careful examination of each animal offered for such inspection and an examination of the brands, marks or other characteristics thereon and the recording of information on the brand inspection cleara…

NAC 565.031 “Brand inspection clearance certificate” defined. (NRS 565.040) “Brand inspection clearance certificate” means a certificate on a form prescribed by the Division and signed by an authorized agent of the Department, listing brands and information as required. (Added to…

NAC 565.035 “Brand inspector” defined. (NRS 565.040) “Brand inspector” means a deputy brand inspector I or deputy brand inspector II. (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05, 6-28-2006)

NAC 565.049 “Department” defined. (NRS 565.040) “Department” means the State Department of Agriculture. (Added to NAC by Div. of Agriculture, eff. 11-3-97)—(Substituted in revision for NAC 565.041)

NAC 565.051 “Deputy brand inspector I” defined. (NRS 565.040) “Deputy brand inspector I” means a part-time, hourly employee who: 1. Is appointed by the Administrator and confirmed by the Director; and 2. Is responsible for brand inspection activities in local areas under the supe…

NAC 565.052 “Deputy brand inspector II” defined. (NRS 565.040) “Deputy brand inspector II” means a part-time or full-time hourly employee who: 1. Is appointed by the Administrator and confirmed by the Director; 2. Is certified by the Peace Officers’ Standards and Training Commiss…

NAC 565.053 “Director” defined. (NRS 565.040) “Director” means the Director of the Department. (Added to NAC by Div. of Agriculture, eff. 11-3-97)—(Substituted in revision for NAC 565.045)

NAC 565.055 “District” defined. (NRS 565.040) “District” means a brand inspection district created by the Director pursuant to NRS 565.040. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.065 “Division” defined. (NRS 565.040) “Division” means the Division of Livestock Identification of the Department. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.070 “Enforcement officer” defined. (NRS 565.040) “Enforcement officer” means a deputy brand inspector II, agricultural enforcement officer II or agricultural enforcement officer III. (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R213-05,…

NAC 565.072 “Inventory inspection” defined. (NRS 565.040) “Inventory inspection” means a brand inspection of all livestock maintained as inventory by an owner of livestock. (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

NAC 565.075 “Livestock movement permit” defined. (NRS 565.040) “Livestock movement permit” means a permit granted pursuant to paragraph (b) of subsection 1 of NAC 565.220. (Added to NAC by Div. of Agriculture, eff. 11-3-97; A by Dep’t of Agriculture by R142-10, 12-30-2011)

NAC 565.077 “Public livestock auction” defined. (NRS 565.040) “Public livestock auction” has the meaning ascribed to it in NRS 573.010. (Added to NAC by Dep’t of Agriculture by R142-10, eff. 12-30-2011)

NAC 565.079 “Regular sale” defined. (NRS 565.040) “Regular sale” means a sale conducted by the operator of a public livestock auction during a day set forth in a license issued to the operator by the Department pursuant to NRS 573.050. (Added to NAC by Dep’t of Agriculture by R14…

NAC 565.080 “Slaughter” defined. (NRS 565.040) “Slaughter” includes slaughter on a ranch, slaughter for a person’s own use and slaughter in a licensed slaughterhouse. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.082 “Special sale” defined. (NRS 565.040) “Special sale” means a sale conducted by the operator of a public livestock auction that is held on a day: 1. Which is not set forth in a license issued to the operator by the Department pursuant to NRS 573.050; and 2. For which t…

NAC 565.085 “Time and place of change of ownership” defined. (NRS 565.040) The time and place of “change of ownership” are the time and place where possession of the livestock passes to the new owner. (Added to NAC by Div. of Agriculture, eff. 11-3-97)

NAC 565.150 Severability. (NRS 565.040) The provisions of this chapter are severable. If any provision of this chapter or any application to any person, thing or circumstance is held invalid, the Department intends that such invalidity not affect the remaining provisions or appli…

NAC 565.200 Brand inspections: Requirements; places; times. (NRS 565.040, 565.090) 1. Brand inspections are not required: (a) If the owner of the animals has a livestock movement permit for the animals, the animals are being moved within this State and there is no change of owner…

NAC 565.210 Brand inspection districts. (NRS 565.040) 1. The areas designated as districts and assigned numbers by the Director are those areas and numbers marked on the following map: 2. A copy of the map may be obtained from the State Department of Agriculture, Division of Live…

NAC 565.220 Special permits. (NRS 565.040, 565.070, 565.090) 1. The Director may issue special permits in the following specific instances: (a) Horse permit: The Director may make available an annual or lifetime permit for the movement of any horse that may be used in lieu of a b…

NAC 565.230 Fees. (NRS 565.040, 565.070, 565.090) 1. Except as otherwise provided in this section and NAC 565.220, an owner of livestock must pay the following fees for the brand inspection of the livestock if the owner has given the Division notice of at least 24 hours: (a) A tr…

NAC 565.300 Identifying and recording brands; impounding animals of undetermined ownership; checking prior transactions; reporting suspected violators; unbranded and freshly branded calves. (NRS 565.040, 565.155) 1. The current and immediate prior brands on an animal and addition…

NAC 565.310 Enforcement; conflicts of interest. (NRS 565.040, 565.155) 1. The Director shall train, equip and instruct enforcement officers to stop vehicles carrying animals and verify that the transportation of animals complies with all regulations. The Division may inspect any …

NAC 571.002 Definitions. (NRS 562.250, 571.120, 571.130, 571.135, 571.170, 571.200, 571.210) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 571.0025 to 571.019, inclusive, have the meanings ascribed to them in those sections. (A…

NAC 571.0025 “Administrator” defined. “Administrator” means the Administrator of the Division of Animal Industry of the Department. (Supplied in codification)

NAC 571.0029 “Approved laboratory” defined. (NRS 562.250, 571.120, 571.130) “Approved laboratory” has the meaning ascribed to it in 9 C.F.R. § 79.1. (Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006)

NAC 571.0033 “Breeding animal” defined. (NRS 562.250, 571.120, 571.130) “Breeding animal” means any sexually intact goat or sheep that is not moving through slaughter channels to slaughter. (Added to NAC by St. Quarantine Officer by R060-06, eff. 6-28-2006)

NAC 571.004 “Department” defined. (NRS 571.120, 571.130, 571.135, 571.170, 571.200, 571.210) “Department” means the State Department of Agriculture. (Added to NAC by St. Quarantine Officer, eff. 7-8-92)