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Bill would let Legislative Commission review agency regulatory authority; AGC warns of separation-of-powers risk
Summary
Sen. Skip Daley said SB 340 would authorize the Legislative Commission to review disputes over an agency’s regulatory authority and legislative intent, limiting judicial review of those specific determinations when the commission acts after a referral or petition.
Sen. Skip Daley presented Senate Bill 340 to the Assembly Committee on Government Affairs, describing the bill as a measure to clarify how disputes over agency regulatory authority and legislative intent are resolved in Nevada after recent changes in federal administrative law. Daley said the proposal would allow the Legislative Commission to review disputes brought either directly to it or referred by a court, and that the Legislative Commission’s determination would not be subject to judicial review in those limited instances.
"The Nevada Supreme Court has held, and this is their quote, courts should not substitute their own construction of a statutory provision for a reasonable interpretation made by an agency," Daley said. He explained that after the U.S. Supreme Court’s recent shift away from Chevron deference at the federal level, state law faces increased uncertainty and SB 340 is intended to preserve Nevada’s constitutional processes by giving the legislature (through the Legislative Commission) a role to interpret legislative intent and regulatory authority when a dispute arises.
Daley described procedural provisions in the draft bill: a process for a person to petition the Legislative Commission, conforming changes to judicial declaratory-judgment procedures, and requirements that documents accompanying emergency regulations include written gubernatorial endorsement. He emphasized that the Legislative Commission could only review disputes submitted to it and could not "go fishing." He also said that a determination made by the Legislative Commission would not be subject to judicial review.
Opposition testimony came from Alexis (Nevada chapter, Associated General Contractors), who said SB 340 "gives too much authority to the legislative branch" and "takes away judicial review," warning that the change could violate separation of powers and compromise balance and fairness in the regulatory process. Committee members asked questions about safeguards and whether determinations would be subject to review; the sponsor clarified the bill’s limited scope and that the Legislative Commission would act only on disputes submitted for review or referred by the court.
No callers were recorded in support during the hearing. The committee closed the hearing after questions and final remarks by the sponsor.
