BRIAN SANDOVAL Governor BRUCE BRESLOW Director THORAN TOWLER Labor Commissioner STATE OF NEVADA Department of Business & Industry http://www.laborcommissioner.com REPLY TO: O O 555 E. WASHINGTON AVENUE, SUITE 4100 LAS VEGAS, NEVADA 89101 PHONE (702) 486-2650 FAX (702 486-2660 675 FAIRVIEW DRIVE, SUITE 226 CARSON CITY, NEVADA 89701 PHONE (775) 687-4850 FAX (775) 687-6409 AGENDA PUBLIC HEARING ON PROPOSED REGULATION R009-13 DATE: October 2, 2013 TIME: 11:30 A.M. PLACE: Office of the Labor Commissioner 555 East Washington Avenue, Suite 4100 Las Vegas, Nevada 89101 Prior to the commencement and conclusion of a contested case or a quasi judicial proceeding that may affect the due process rights of an individual the board may refuse to consider public comment. NRS 233B.126 The Labor Commissioner may take items on this agenda out of order for the sake of efficiency, items on this agenda may be pulled or removed from the agenda at any time, and items may be combined for consideration AGENDA ACTION 1. Public comment No Action Will Be Taken In consideration of others who may also wish to provide public comment, please avoid repetition and limit your comments to no more than five (5) minutes. 2. Public Hearing pursuant to NRS 233B.061 on proposed regulations that pertain to Chapter 607 of the Nevada Administrative Code; Legislative Counsel Bureau Assigned No. R009-13 a. Public comment pertaining to proposed regulation R009-13 b. Consideration of all public comment and any written comment previously received pertaining to proposed regulation R009-13 For Possible Action 3. Final Adoption of proposed regulation R009-13 For Possible Action 4. Public comment
2 POSTING This agenda posted on or before August 22, 2013, by the staff of the Labor Commissioner at the following locations: 1. Lobby of the Grant Sawyer State Office Building 4. Carson City District Courthouse 555 East Washington Avenue 885 East Musser Street, Suite 3031 Las Vegas NV 89101 Carson City NV 89107 2. Lobby of the Office of the Labor Commissioner 5. Legislative Building, State of Nevada 555 East Washington Avenue, Suite 4100, 401 South Carson Street, 1 st Floor, Las Vegas, NV 89101 Carson City NV 89701 3. Lobby of the Office of the Labor Commissioner 6. Website: www.laborcommissioner.com 675 Fairview, Suite 226 Carson City, NV 89701
PROPOSED REGULATION OF THE LCB File No. R009-13 NOTICE OF INTENT TO ACT UPON A REGULATION Notice of Hearing for the Adoption of Regulations of The Nevada Office of the Labor Commissioner The Nevada Labor Commissioner will hold a public hearing on October 2, 2013 at 11:30 AM at the Office of the Labor Commissioner at 555 East Washington Avenue, Suite 4100, Las Vegas, Nevada 89101. The purpose of the hearing is to receive comments from all interested persons regarding the adoption of regulation LCB File No: R009-13 pertaining to Chapter 607 of the Nevada Administrative Code. The following information is provided pursuant to the requirements of NRS 233B.0603: 1. The need for and purpose of the proposed regulation: The regulation allows the wage claim or complaint filed by a Nevada worker and all documents filed in response to that claim to be kept confidential during the investigation of that claim. This regulation is intended not only to provide confidentiality with regard to documents filed by claimants, but also sensitive materials submitted by Nevada businesses in defense of the claim or complaint. This regulation protects the integrity of the investigative process and is consistent with numerous regulations promulgated by other agencies in the State of Nevada. 2. Text of the proposed regulation: See attached. 3. Pursuant to the requirements imposed pursuant to subsection 3 of NRS 233B.0608, the Office of the Labor Commissioner solicited comments from small businesses through workshop notices in an effort to ascertain what, if any, impact this regulation would have on small businesses. Based upon his assessment of the regulation and responses provided, the Labor Commissioner determined that the proposed regulation would have no negative impact on small businesses. In fact, one of the primary reasons for pursuing this regulation was to protect such businesses from unwanted and unnecessary third party intrusion into their business practices.
4. The estimated economic effect of the regulation on the business which it is to regulate: (a) Adverse effect No adverse effect due to the promulgation of this regulation. (b) Beneficial effect Sensitive documents and information submitted to the Office of the Labor Commissioner will remain confidential during the pendency of the investigation. (c) Immediate effect Sensitive documents and information submitted to the Office of the Labor Commissioner will remain confidential during the pendency of the investigation. (d) Long-term effect Sensitive documents and information submitted to the Office of the Labor Commissioner will remain confidential during the pendency of the investigation. 5. The estimated economic effect of the regulation on the public: None. 6. The estimated cost to the agency for enforcement of the proposed regulation: None. 7. A description of and citation to any regulations of other state or local government agencies which the proposed regulation overlaps or duplicates and why the duplication or overlapping is necessary. If the proposed regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency: This regulation does not duplicate other state or local government or federal regulations. 8. If the regulation is required pursuant to federal law, a citation and description of the federal law: The regulation is not required by federal law. 9. If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of such provisions: This regulation has no federal companion regulation. 10. The proposed regulation does not establish a new fee or increases an existing fee.
A copy of this notice and the proposed regulation will be on file at the State Library and Archives, 100 Stewart Street, Carson City, Nevada 89701, for inspection by members of the public during business hours. Additional copies of the regulation to be adopted will be available for inspection and may be copied at the following locations: Office of the Labor Commissioner 555 E. Washington Avenue, Suite 4100 Las Vegas, Nevada 89101 Office of the Labor Commissioner 675 Fairview Drive, Suite 226 Carson City, Nevada 89701 The regulation will be available for inspection at all county main public libraries. This notice and the text of the proposed regulation are also available in the State of Nevada Register of Administrative Regulations, prepared and published monthly by the Legislative Council Bureau pursuant to NRS 233B.0653 and on the Internet at http://www.leg.state.nv.us. Copies will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary. Upon adoption of any regulation, the agency, if requested to do so by an interested person either before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption.
This notice of hearing has been posted at the above locations along with the Nevada County Public Libraries listed below: NEVADA COUNTY PUBLIC LIBRARIES Carson City Library Lincoln County Library 900 North Roop Street 63 Main Street Carson City, Nevada 89701-3101 Pioche, Nevada 89043 Churchill County Library Lyon County Library System 553 South Main Street 20 Nevin Way Fallon, Nevada 89406-3306 Yerington, Nevada 89447-2399 Las Vegas-Clark County Library District Headquarters Mineral County Public Library 833 Las Vegas Boulevard North 110 1 st Street Las Vegas, Nevada 89101-2062 Hawthorne, Nevada 89415 Douglas County Public Library Pershing County Library 1625 Library Lane 1125 Central Avenue Minden, Nevada 89423-0337 Lovelock, Nevada 89419 Elko County Library Storey County Public Library 720 Court Street 95 South R Street Elko, Nevada 89801-3397 Virginia City, Nevada 89440 Esmeralda County Library Tonopah Public Library (Nye County) Corner of Crook & 4 th Street 167 South Central Street P.O. Box 430 Tonopah, Nevada 89049 Goldfield, Nevada 89013-0430 Eureka County Library Washoe County Library System 10190 Monroe Street 301 South Center Street Eureka, Nevada 89316 Reno, Nevada 89501-2102 Humboldt County Library White Pine County Library 85 East 5 th Street 950 Campton Street Winnemucca, Nevada 89445-3095 Ely, Nevada 89301 Battle Mountain Branch Library (Lander County) 625 South Broad Street Battle Mountain, Nevada 89820
Draft of Proposed Regulation R009-13 Chapter 607 of NAC PROPOSED REGULATION OF THE NEVADA LABOR COMMISSIONER LCB File No. R009-13 EXPLANATION Matter in italics is new; matter in brackets [omitted material] is material to be omitted. AUTHORITY: 1, NRS 607.160. A REGULATION relating to practice before the Labor Commissioner; providing for the confidentiality of certain documents filed with the Commissioner in connection with a complaint or a claim for wages; and providing other matters properly relating thereto. Section 1. Chapter 607 of NAC is hereby amended by adding thereto a new section to read as follows: A document that is filed with the Commissioner by or on behalf of a party to a complaint or a claim for wages is confidential only while the complaint or claim for wages is pending before the Commissioner. The Commissioner will not provide access to or a copy of such a confidential document except: 1. To a party to the complaint or wage claim or the counsel or authorized representative of such a party; or 2. In accordance with an order of court of competent jurisdiction.