1. Before the Director adopts, amends or repeals any regulation or policy for the administration of a program of public assistance or any other program for which the Division is responsible, the Director or his or her delegate must give: (a) At least 3 business days notice of the intended action, if the intended action: (1) Is required to ensure the Division remains in compliance with federal or state law; or (2) Will result in an expansion of services or benefits; or (b) At least 30 days notice of the intended action, for all intended actions not described in paragraph (a). 2. The Director or his or her delegate may adopt a regulation or policy, or an amendment or repeal thereof, that applies retroactively for the administration of a program of public assistance or any other program for which the Division is responsible if: (a) Retroactive application of the regulation or policy is necessary to ensure compliance with federal or state law; and (b) The regulation or policy, or amendment or repeal thereof, clearly states that it will be applied retroactively and the date to which it will be applied retroactively. 3. The notice of intent to act upon a regulation or policy must: (a) Include a statement of the need for and purpose of the proposed regulation or policy, or the amendment or repeal thereof, and either the terms or substance of the proposed regulation or policy, or amendment or repeal thereof, or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon. (b) Include a statement identifying the entities that may be financially affected by the proposed regulation or policy, or amendment or repeal thereof, and the potential financial impact, if any, upon local government. (c) State each address at which the text of the proposed regulation or policy, or amendment or repeal thereof, may be inspected and copied. (d) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be kept by the Director or his or her delegate for that purpose. 4. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed regulation or policy, or amendment or repeal thereof, orally or in writing. The Director or his or her delegate shall consider fully all oral and written submissions relating to the proposed regulation or policy, or amendment or repeal thereof. 5. The Director or his or her delegate shall keep, retain and make available for public inspection written minutes and an audio recording or transcript of each public hearing held pursuant to this section in the manner provided in NRS 241.035 . A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035 . 6. An objection to any regulation or policy, or amendment or repeal thereof, on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after its effective date.
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