PROPOSED TEMPORARY REGULATION OF THE
OFFICE OF THE LABOR COMMISSIONER
LCB File No. T106-13
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 April 30, 2013 at 9:00 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: T106-13 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 to provide confidentiality with regard to documents filed not only by claimants, but also
sensitive materials submitted by Nevada businesses in defense of their claims. This proposed regulation
is consistent with numerous regulations promulgated by other agencies in the State of Nevada.
2. Text of the proposed regulation: See attached.
3. 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.
4. The estimated economic effect of the regulation on the public: None.
5. 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.
6. 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.
7. 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.
8. 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 are 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
900 North Roop Street
Carson City, Nevada 89701-3101
Lincoln County Library
63 Main Street
Pioche, Nevada 89043
Churchill County Library
553 South Main Street
Fallon, Nevada 89406-3306
Lyon County Library System
20 Nevin Way
Yerington, Nevada 89447-2399
Las Vegas-Clark County Library District Headquarters
833 Las Vegas Boulevard North
Las Vegas, Nevada 89101-2062
Mineral County Public Library
110 1st Street
Hawthorne, Nevada 89415
Douglas County Public Library
1625 Library Lane
Minden, Nevada 89423-0337
Pershing County Library
1125 Central Avenue
Lovelock, Nevada 89419
Elko County Library
720 Court Street
Elko, Nevada 89801-3397
Storey County Public Library
95 South “R” Street
Virginia City, Nevada 89440
Esmeralda County Library
Corner of Crook & 4th Street
P.O. Box 430
Goldfield, Nevada 89013-0430
Tonopah Public Library (Nye County)
167 South Central Street
Tonopah, Nevada 89049
Eureka County Library
10190 Monroe Street
Eureka, Nevada 89316
Washoe County Library System
301 South Center Street
Reno, Nevada 89501-2102
Humboldt County Library
85 East 5th Street
Winnemucca, Nevada 89445-3095
White Pine County Library
950 Campton Street
Ely, Nevada 89301
Battle Mountain Branch Library (Lander County)
625 South Broad Street
Battle Mountain, Nevada 89820
Agency Draft of Proposed Temporary Regulation T106-13
Chapter 607 of NAC
PROPOSED TEMPORARY REGULATION OF THE NEVADA LABOR COMMISSIONER
LCB File No. T106-13
AUTHORITY: NRS 607.160
A REGULATION relating to the confidentiality of claims and complaints filed with the Nevada Labor
Commissioner.
Section 1: NAC 607 is hereby amended by adding the following provision set forth in Section 2 of this
regulation.
Sec. 2: Until such time that a final administrative Order is issued by the Labor Commissioner, the claim
or complaint for wages filed with the Nevada Office of the Labor Commissioner by or on behalf of any
Nevada worker and any documents submitted in support of or in response to that claim or complaint
may be disclosed only to:
1.
The Nevada Labor Commissioner.
2.
An authorized employee of the Nevada Office of the Labor Commissioner.
3.
The claimant, respondent or their authorized representative or counsel.
4.
A person or government entity that is authorized to obtain such documents pursuant to and
order issued by a court of competent jurisdiction.