Nevada Administrative Code

NAC 288.328 Admission of evidence into record. (NRS 288.110) The presiding officer will rule on the admissibility of all evidence subject to the provisions of NAC 288.324 and 288.326. At the conclusion of the hearing, all evidence will be received into the record subject to the r…

NAC 288.332 Official notice. (NRS 288.110) The Board may take official notice of the following matters: 1. Rules, regulations, official reports, decisions, orders and other findings issued by the Board or any regulatory agency of the State; 2. Contents of other findings issued by…

NAC 288.335 Stipulations. (NRS 288.110) 1. With the approval of the Board the parties may stipulate as to any fact in issue, either by written stipulation introduced into evidence as an exhibit or by an oral statement made upon the record. This stipulation is binding only upon th…

NAC 288.340 Decisions and orders. (NRS 288.110) 1. Any decision or order announced outside of a hearing will be in writing. The Board will serve a copy upon each of the parties. 2. Decisions and orders announced at a hearing may be stated orally and must be included in the stenog…

NAC 288.345 Briefs: Order to file; procedure for filing; service. (NRS 233B.040, 288.110) In any proceeding, the presiding officer may order briefs to be filed within a reasonable time. Each brief must be filed with the Board and, if the Board has not ordered the submission of si…

NAC 288.350 Briefs: Filing after hearing. (NRS 288.110) Any party who desires to file a brief after the hearing must have made a motion at the hearing to be permitted to file a brief after the hearing and had that motion approved by the Board. Any brief permitted by the Board to …

NAC 288.360 Rehearings: Petition; procedure; effect of failure to file petition. (NRS 233B.040, 288.110) 1. Either party may, within 14 days after service of a final decision of the Board, file a petition for a rehearing stating the reasons therefor. 2. The Board may order a rehe…

NAC 288.362 Rehearings: Response. (NRS 233B.040, 288.110) Answers to a petition for rehearing will not be entertained by the Board. If a rehearing is granted by the Board, a response in the nature of an answer may be filed by any party of record within 14 days after the issuance …

NAC 288.364 Rehearings: Grant or denial; decision. (NRS 288.110) 1. The Board will consider a timely petition for rehearing and may grant or deny it not later than 5 days before the date of the expiration of the time frame to file a petition for judicial review set forth in NRS 2…

NAC 288.368 Rehearings: Order for modification; modifying order is final order for purposes of judicial review. (NRS 288.090, 288.110) 1. Any order modifying a decision or order of the Board issued pursuant to NAC 288.364 incorporates those portions of the prior order or decision…

NAC 288.370 Transcripts: Costs. (NRS 288.110) 1. Except as otherwise ordered by the Board, the cost of recording or reporting testimony must be divided equally by all parties and a copy must be furnished to the Board. Either party may procure transcripts at his or her expense. 2.…

NAC 288.373 Imposition of sanctions. (NRS 288.110) 1. The Board may impose sanctions against a party who fails: (a) To comply with an order of the Board; (b) Without good cause, to appear at the time and place set for hearing by the Board; or (c) To comply with any applicable pro…

NAC 288.375 Dismissal of matter. (NRS 288.110) The Board may dismiss a matter for any of the following reasons: 1. If the Board determines that no probable cause exists for the complaint, or if the complaint has been settled and notice of the settlement has been received by the B…

NAC 288.380 Petition for declaratory order; rejection. (NRS 233B.040, 288.110) 1. Any recognized employee organization or labor organization or government employer may petition the Board for a declaratory order regarding the applicability or interpretation of any statutory provis…

NAC 288.390 Response to petition for declaratory order; reply to response. (NRS 233B.040, 288.110) 1. Any party served with a petition for a declaratory order may respond to the petition within 21 days by filing his or her response with the Board. The responding party shall also …

NAC 288.400 Request for hearing. (NRS 233B.040, 288.110) 1. Any petitioner who desires a hearing on a petition for a declaratory order shall set forth in detail in his or her request the reason why the matters alleged in the petition and the supporting affidavits or other written…

NAC 288.410 Consideration by Board. (NRS 288.110) 1. The Board may, for good cause, refuse to issue a declaratory order if: (a) The question is speculative or purely hypothetical and does not involve existing facts or facts that can reasonably be expected to exist in the near fut…

NAC 288.420 Intervention. (NRS 288.110) Any party may intervene subject to the applicable provisions of this chapter. [Local Gov’t Employee-Mgt. Rel. Bd., No. 8.05, eff. 11-12-71] Petitions for Adoption, Amendment or Repeal of Regulations

NAC 288.430 Procedure for consideration of petition for adoption, amendment or repeal of regulations. (NRS 288.110) 1. A petition for the adoption, amendment or repeal of a regulation must contain: (a) The name, address, zip code and telephone number of each petitioner; (b) The s…

NAC 289.010 Definitions. (NRS 289.510) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 289.015 to 289.085, inclusive, have the meanings ascribed to them in those sections. [Peace Officers’ Standards & Training Com., § II, eff. 5-…

NAC 289.015 “Agency” defined. (NRS 289.510) “Agency” means an agency of the State or of a local government which employs one or more persons as peace officers. (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87)—(Substituted in revision for NAC 481.011)

NAC 289.017 “Agility run” defined. (NRS 289.510) “Agility run” means a test of physical agility designated by the Commission. (Added to NAC by Peace Officers’ Standards & Training Comm’n by R118-09, eff. 1-28-2010)

NAC 289.020 “Basic certificate” defined. (NRS 289.510) “Basic certificate” means the certificate issued by the Executive Director or Commission which is evidence that a person has met the minimum standards established by this chapter to be appointed to perform the duties of a pea…

NAC 289.025 “Basic training course” defined. (NRS 289.510) “Basic training course” means a curriculum of basic training for peace officers that meets the minimum standards established by this chapter. (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by…

NAC 289.030 “Certified status” defined. (NRS 289.510) “Certified status” means compliance with or exemption from the employment qualifications and training requirements established by the Commission. (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by …

NAC 289.035 “Commission” defined. (NRS 289.510) “Commission” means the Peace Officers’ Standards and Training Commission. (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87; A by Peace Officers’ Standards & Training Comm’n by R102-99, 11-2-99)

NAC 289.040 “Duties of a peace officer” defined. (NRS 289.510) “Duties of a peace officer” means those functions that may involve the use of force and the arrest or detention of a person. (Added to NAC by Peace Officers’ Standards & Training Com., eff. 12-17-87)—(Substituted in r…

NAC 289.045 “Executive Director” defined. (NRS 289.510) “Executive Director” means the Executive Director of the Commission. (Added to NAC by Peace Officers’ Standards & Training Comm’n by R102-99, eff. 11-2-99)

NAC 289.047 “Executive level position” defined. (NRS 289.510) 1. “Executive level position” means a position held by a peace officer in which the peace officer is: (a) The chief executive of an agency; or (b) Acknowledged and affirmed by the chief executive of an agency to be in …

NAC 289.049 “First-line supervisor” defined. (NRS 289.510) “First-line supervisor” means a peace officer who supervises other persons and who is on an organizational level immediately above nonsupervisory officers. (Added to NAC by Peace Officers’ Standards & Training Comm’n by R…

NAC 289.050 “Immediate supervision” defined. (NRS 289.510) “Immediate supervision” means the supervised officer acts under the direction of a certified peace officer who is routinely in the physical proximity of and available to the supervised officer. (Added to NAC by Peace Offi…

NAC 289.053 “Less than lethal weapon” defined. (NRS 289.510) “Less than lethal weapon” means a weapon that is designed and manufactured with the intent that it not create a substantial risk of causing death or serious bodily injury when a person with appropriate training uses the…

NAC 289.055 “Lesson plan” defined. (NRS 289.510) “Lesson plan” means a document which specifically describes the material presented during a course of instruction. For the purpose of certifying a school, a “lesson plan” is the document submitted to the Executive Director for cert…

NAC 289.057 “Management level position” defined. (NRS 289.510) “Management level position” means a position held by a peace officer in which the peace officer supervises two or more persons who are first-line supervisors or who hold a position above the level of a first-line supe…

NAC 289.060 “Peace officer” defined. (NRS 289.510) “Peace officer” means an employee of an agency who is required to be certified by the Commission pursuant to NRS 289.550. The term includes sworn full-time, part-time and reserve officers who perform the duties of a peace officer…

NAC 289.065 “Reserve officer” defined. (NRS 289.510) “Reserve officer” means any peace officer who performs some of the duties of a peace officer with the immediate supervision of a certified officer and is not employed by the agency on a full-time basis. (Added to NAC by Peace O…

NAC 289.070 “School” defined. (NRS 289.510) “School” means any university, college, academy, local training center or other school approved by the Commission which provides a curriculum, instructors and facilities for the training of peace officers. (Added to NAC by Peace Officer…

NAC 289.075 “State certification examination” defined. (NRS 289.510) “State certification examination” means a comprehensive examination prescribed by the Commission which measures knowledge of the subjects comprising the minimum training standards established for each training c…

NAC 289.085 “Weapons of mass destruction” defined. (NRS 289.510) “Weapons of mass destruction” has the meaning ascribed to it in 18 U.S.C. § 2332a(c)(2). (Added to NAC by Peace Officers’ Standards & Training Comm’n by R100-02, eff. 11-12-2002) STANDARDS AND TRAINING

NAC 289.110 Minimum standards for appointment. (NRS 289.510) 1. No person may be appointed to perform the duties of a peace officer unless he or she: (a) Has undergone a complete and documented investigation of his or her background which verifies that the person has good moral c…

NAC 289.120 Basic course of training: Completion; attendance by reserve officer. (NRS 289.510) 1. Each peace officer who is required by NRS 289.550 to be certified must satisfactorily complete a basic course of training approved by the Executive Director. 2. A reserve officer mus…

NAC 289.130 Training categories. (NRS 289.510) For purposes of determining minimum training standards, peace officers required by NRS 289.550 to be certified by the Commission will be divided into four training categories: 1. Training category I includes peace officers who are em…

NAC 289.140 Minimum standard of training: Training category I. (NRS 289.510, 289.600) The minimum standard of training for officers in training category I is successful completion of a basic course that includes 480 hours of training in: 1. Law and legal procedures, specifically:…

NAC 289.150 Minimum standard of training: Training category II. (NRS 289.510, 289.600) The minimum standard of training for officers in training category II is successful completion of a basic course that includes 200 hours of training in: 1. Law and legal procedures, specificall…

NAC 289.160 Minimum standard of training: Training category III. (NRS 289.510, 289.600) The minimum standard of training for officers in training category III is successful completion of a basic course that includes 160 hours of training in: 1. Legal subjects, specifically: (a) C…

NAC 289.170 Minimum standard of training: Reserve officers. (NRS 289.510, 289.600) The minimum standard of training for reserve officers is successful completion of a basic course that includes 120 hours of training in: 1. Law and legal procedures, specifically: (a) Civil liabili…

NAC 289.180 Minimum standard of training: Effective responses to incidents involving dogs or where dogs are present. (NRS 289.510, 289.595) Training for a peace officer who is required, pursuant to NRS 289.595, to be trained in effective responses to incidents involving dogs or w…