Nevada’s Public Record Act makes all public records accessible unless they are specifically excluded by law. In the past, the Incline Village General Improvement District  or its general counsel has cited Nevada Administrative Code (NAC) as the reason why public records are denied. This is likely a violation of Nevada Law.

Nevada Administrative Code

The Nevada Administrative Code (NAC) contains the codified administrative regulations of the Executive Branch of the State of Nevada[1]. It applies to state agencies, departments, boards, and commissions that have been granted authority by the Nevada Legislature to adopt administrative regulations[5].

Special districts like the Incline Village General Improvement District are not typically part of the Executive Branch of the state government. Therefore, the NAC does not directly apply to them unless specifically stated in their enabling legislation or other applicable laws.

Public Records and NRS 239

The Nevada Public Records Act (NRS 239) governs the disclosure of public records in Nevada. This law applies to all public entities, including special districts.

Violation of Nevada Law

If the Incline Village General Improvement District or its general counsel cites the NAC as the reason for withholding or redacting public records, this would likely be improper and potentially a violation of Nevada law for the following reasons:

1. The NAC does not generally apply to special districts.

2. Public records disclosure is governed by NRS 239, not the NAC.

3. NRS 239 establishes a presumption of openness for public records, with specific exemptions defined by law[2].

Any withholding or redaction of public records should be based on specific exemptions provided in NRS 239 or other applicable Nevada statutes, not on provisions in the NAC. If a public entity improperly withholds records based on inapplicable regulations, it could be considered a violation of the Nevada Public Records Act.

Citations:

[1] https://admin.nv.gov/NAC/

[2] https://www.leg.state.nv.us/nrs/nrs-233b.html

[3] https://www.leg.state.nv.us/nac/

[4] https://www.leg.state.nv.us/nac/chapters.html

[5] https://ag.nv.gov/uploadedFiles/agnvgov/Content/Publications/RulemakingManualComplete.pdf

[6] https://casetext.com/regulation/nevada-administrative-code

[7] https://nvsctlawlib.libguides.com/nac

[8] https://www.leg.state.nv.us/Division/Research/Library/LegHistory/Tutorial/WhatIsNAC.cfm

Speciific records that are confidential per NRS 239

Listed are the statutes in NRS 239.010(1) and a description of what each statute makes confidential, starting with NRS 1.4683 and ending with NRS 711.600.

1. NRS 1.4683: Information in a file maintained by the Commission on Judicial Discipline concerning a judge, except as provided in the statute.

2. NRS 1A.110: Information in files maintained by the Judicial Retirement System concerning members and beneficiaries.

3. NRS 41.071: Information obtained by the Division of Industrial Relations regarding a workers’ compensation claim.

4. NRS 49.095: Communications between a client and an attorney.

5. NRS 49.209: Communications between a patient and a doctor.

6. NRS 49.245: Communications between a victim and a victim’s advocate.

7. NRS 49.290: Communications between a husband and wife.

8. NRS 51.135: Certain trade secrets.

9. NRS 239.0105: Certain records of local governmental entities containing personal information. Specifically:

1.  Records of a local governmental entity are confidential and not public books or records within the meaning of NRS 239.010 if:

      (a) The records contain the name, address, telephone number or other identifying information of a natural person; and

      (b) The natural person whose name, address, telephone number or other identifying information is contained in the records provided such information to the local governmental entity for the purpose of:

             (1) Registering with or applying to the local governmental entity for the use of any recreational facility or portion thereof that the local governmental entity offers for use through the acceptance of reservations; or

             (2) On his or her own behalf or on behalf of a minor child, registering or enrolling with or applying to the local governmental entity for participation in an instructional or recreational activity or event conducted, operated or sponsored by the local governmental entity.

10. NRS 239.0113: Places the burden of proof on the governmental entity to prove confidentiality of a record.

11. NRS 239.014: Certain records collected electronically by governmental entities: PERSONALLY IDENTIFIABLE information. Specifically:

1.  Except as otherwise provided in subsection 3, a record or portion of a record that contains personally identifiable information collected by automated means over the Internet or other digital network by a governmental entity as part of the electronic collection of information from the general public is confidential if the governmental entity determines that the disclosure of the personally identifiable information could potentially create negative consequences, including, without limitation, financial loss, stigmatization, harm to reputation, anxiety, embarrassment, fear or other physical or emotional harm, for the person to whom the information pertains.

12. NRS 239B.030: Certain recorded personal information about a deceased person.

13. NRS 239B.040: Personal information about a person on a county assessor’s website.

14. NRS 239B.050: Personal Credit card, personal debit card, or personal account numbers in governmental records.

15. NRS 239C.140: Certain information regarding vulnerability assessments.

16. NRS 360.240: Information regarding tax returns.

17. NRS 360.247: Information regarding businesses collected by the Department of Taxation.

18. NRS 360.255: Information regarding taxpayers collected by the Department of Taxation.

19. NRS 360.755: Certain information regarding taxpayers collected by the Department of Taxation.

20. NRS 361.044: Certain information in property tax records.

21. NRS 361.7243: Certain information regarding property tax assistance.

22. NRS 361.900: Certain information regarding property taxes of senior citizens.

23. NRS 370.710: Certain information collected by the Department of Taxation regarding cigarette sales.

24. NRS 372A.080: Information regarding taxation of marijuana and other controlled substances.

25. NRS 378.290: Certain library records.

26. NRS 378.300: Certain library records.

27. NRS 385A.070: Personally identifiable information of students.

28. NRS 385B.100: Personally identifiable information maintained by the Nevada Interscholastic Activities Association.

29. NRS 387.626: Personally identifiable information maintained in the automated system of accountability information for Nevada.

30. NRS 392.029: Personally identifiable information of a student maintained by a public school.

31. NRS 392.147: Certain information regarding the suspension or expulsion of a pupil.

32. NRS 392.464: Records of a public school regarding the immunization of a pupil.

33. NRS 392.617: Information regarding the home address and any personal telephone number of employees of a public school.

34. NRS 392.620: Certain information regarding pupils enrolled in public school.

35. NRS 392.624: Certain information regarding pupils enrolled in public school.

36. NRS 392.630: Certain information regarding pupils enrolled in public school.

37. NRS 392.710: Certain information regarding a pupil’s educational records.

38. NRS 394.167: Certain information regarding students of private educational institutions.

39. NRS 396.535: Certain information regarding students of the Nevada System of Higher Education.

40. NRS 396.5365: Certain information regarding employees of the Nevada System of Higher Education.

41. NRS 422.2749: Certain information regarding recipients of public assistance.

42. NRS 422.410: Certain information regarding the use of prescription drugs.

43. NRS 422.570: Certain information regarding the abuse or neglect of a child or the death of a child.

44. NRS 425.504: Certain information regarding child support enforcement.

45. NRS 432.0175: Certain information collected by an agency which provides child welfare services.

46. NRS 432B.175: Certain information regarding reports of abuse or neglect of a child.

47. NRS 432B.280: Certain information regarding reports of abuse or neglect of a child.

48. NRS 433.534: Certain information regarding consumers of mental health services.

49. NRS 433A.360: Certain information regarding mental health clients or patients.

50. NRS 439.538: Certain health care records.

51. NRS 439B.420: Certain information collected by the Director of the Department of Health and Human Services.

52. NRS 439B.754: Certain information regarding maternal mortality.

53. NRS 439B.760: Certain information collected pursuant to the Patient Protection and Affordable Care Act.

54. NRS 441A.195: Certain information regarding communicable diseases.

55. NRS 441A.220: Certain information regarding communicable diseases.

56. NRS 441A.230: Certain information regarding communicable diseases.

57. NRS 442.330: Certain information regarding the health of a newborn child.

58. NRS 442.395: Certain information regarding the health of a pregnant woman.

59. NRS 445A.665: Certain information regarding environmental contamination.

60. NRS 445B.570: Certain information regarding air pollution.

61. NRS 449.209: Certain information regarding health facilities.

62. NRS 449.245: Certain information regarding health facilities.

63. NRS 449.720: Certain information regarding health facilities.

64. NRS 450.140: Certain information regarding county hospitals.

65. NRS 453.164: Certain information regarding controlled substances.

66. NRS 453.720: Certain information regarding controlled substances.

67. NRS 453A.370: Certain information regarding medical marijuana establishments.

68. NRS 458.055: Certain information regarding substance abuse programs.

69. NRS 458.280: Certain information regarding substance abuse programs.

70. NRS 459.050: Certain information regarding hazardous waste.

71. NRS 459.3866: Certain information regarding hazardous materials.

72. NRS 459.555: Certain information regarding hazardous waste.

73. NRS 459.7056: Certain information regarding accidents involving hazardous materials.

74. NRS 459.846: Certain information regarding highly hazardous substances.

75. NRS 463.120: Certain information regarding gaming.

76. NRS 463.15993: Certain information regarding gaming.

77. NRS 463.240: Certain information regarding gaming.

78. NRS 463.3407: Certain information regarding gaming.

79. NRS 463.643: Certain information regarding gaming.

80. NRS 463.664: Certain information regarding gaming.

81. NRS 463.7425: Certain information regarding gaming.

82. NRS 463.770: Certain information regarding gaming.

83. NRS 464.080: Certain information regarding pari-mutuel wagering.

84. NRS 465.101: Certain information regarding gaming.

85. NRS 467.1005: Certain information regarding unarmed combat.

86. NRS 480.365: Certain information collected by the Nevada Highway Patrol.

87. NRS 481.063: Certain information collected by the Department of Motor Vehicles.

88. NRS 482.170: Certain information collected by the Department of Motor Vehicles.

89. NRS 482.5536: Certain information collected by the Department of Motor Vehicles.

90. NRS 483.340: Certain information collected by the Department of Motor Vehicles.

91. NRS 483.363: Certain information collected by the Department of Motor Vehicles.

92. NRS 483.575: Certain information collected by the Department of Motor Vehicles.

93. NRS 483.659: Certain information collected by the Department of Motor Vehicles.

94. NRS 483.800: Certain information collected by the Department of Motor Vehicles.

95. NRS 484E.070: Certain information regarding traffic accidents.

96. NRS 485.316: Certain information regarding motor vehicle insurance.

97. NRS 490.130: Certain information regarding off-highway vehicles.

98. NRS 503.597: Certain information regarding wildlife.

99. NRS 518.305: Certain information regarding mines.

100. NRS 587.877: Certain information regarding agriculture.

101. NRS 598.0966: Certain information collected by the Consumer Affairs Division of the Department of Business and Industry.

102. NRS 598.098: Certain information regarding complaints filed with the Consumer Affairs Division.

103. NRS 598A.110: Certain information collected by the Attorney General regarding antitrust investigations.

104. NRS 598A.280: Certain information collected by the Attorney General regarding antitrust investigations.

105. NRS 598C.310: Certain information collected by consumer reporting agencies.

106. NRS 603A.340: Certain information collected regarding data security breaches.

107. NRS 603A.360: Certain information collected regarding data security breaches.

108. NRS 604A.710: Certain information collected by the Commissioner of Financial Institutions.

109. NRS 612.265: Certain information regarding unemployment compensation.

110. NRS 616B.012: Certain information regarding industrial insurance.

111. NRS 616B.015: Certain information regarding industrial insurance.

112. NRS 616B.315: Certain information regarding industrial insurance.

113. NRS 616C.205: Certain information regarding industrial insurance.

114. NRS 616C.580: Certain information regarding industrial insurance.

115. NRS 618.341: Certain information regarding occupational safety and health.

116. NRS 618.425: Certain information regarding occupational safety and health.

117. NRS 619.094: Certain information regarding the health and safety of employees.

118. NRS 645.180: Certain information collected by the Real Estate Division of the Department of Business and Industry.

119. NRS 645.625: Certain information collected by the Real Estate Division.

120. NRS 645A.090: Certain information collected by the Commissioner of Mortgage Lending.

121. NRS 645B.092: Certain information collected by the Commissioner of Mortgage Lending.

122. NRS 645C.655: Certain information collected by the Real Estate Division.

123. NRS 645D.135: Certain information collected by the Real Estate Division.

124. NRS 645E.300: Certain information collected by the Commissioner of Mortgage Lending.

125. NRS 645G.050: Certain information collected by the Commissioner of Mortgage Lending.

126. NRS 645H.170: Certain information collected by the Commissioner of Mortgage Lending.

127. NRS 647.0945: Certain information collected by the Commissioner of Financial Institutions.

128. NRS 647.0947: Certain information collected by the Commissioner of Financial Institutions.

129. NRS 648.033: Certain information collected by the Private Investigator’s Licensing Board.

130. NRS 648.197: Certain information collected by the Private Investigator’s Licensing Board.

131. NRS 649.067: Certain information collected by the Commissioner of Financial Institutions.

132. NRS 649.085: Certain information collected by the Commissioner of Financial Institutions.

133. NRS 652.228: Certain information regarding medical laboratories.

134. NRS 654.110: Certain information regarding nursing facility administrators.

135. NRS 656.105: Certain information regarding court reporters.

136. NRS 661.115: Certain information collected by the Commissioner of Financial Institutions.

137. NRS 665.130: Certain information collected by the Commissioner of Financial Institutions.

138. NRS 665.133: Certain information collected by the Commissioner of Financial Institutions.

139. NRS 669.275: Certain information collected by the Commissioner of Financial Institutions.

140. NRS 669.285: Certain information collected by the Commissioner of Financial Institutions.

141. NRS 669A.310: Certain information collected by the Commissioner of Financial Institutions.

142. NRS 671.170: Certain information collected by the Commissioner of Financial Institutions.

143. NRS 673.430: Certain information collected by the Commissioner of Financial Institutions.

144. NRS 673.440: Certain information collected by the Commissioner of Financial Institutions.

145. NRS 675.510: Certain information collected by the Commissioner of Financial Institutions.

146. NRS 676A.270: Certain information collected by the Commissioner of Financial Institutions.

147. NRS 678C.300: Certain information regarding medical marijuana establishments.

148. NRS 678C.710: Certain information regarding medical marijuana establishments.

149. NRS 679B.190: Certain information collected by the Commissioner of Insurance.

150. NRS 680C.110: Certain information collected by the Commissioner of Insurance.

151. NRS 681A.440: Certain information collected by the Commissioner of Insurance.

152. NRS 681B.260: Certain information collected by the Commissioner of Insurance.

153. NRS 681B.280: Certain information collected by the Commissioner of Insurance.

154. NRS 683A.0873: Certain information collected by the Commissioner of Insurance.

155. NRS 685A.070: Certain information collected by the Commissioner of Insurance.

156. NRS 686A.289: Certain information collected by the Commissioner of Insurance.

157. NRS 686B.170: Certain information collected by the Commissioner of Insurance.

158. NRS 687A.110: Certain information collected by the Commissioner of Insurance.

159. NRS 687A.115: Certain information collected by the Commissioner of Insurance.

160. NRS 687B.404: Certain information collected by the Commissioner of Insurance.

161. NRS 688C.230: Certain information collected by the Commissioner of Insurance.

162. NRS 688C.480: Certain information collected by the Commissioner of Insurance.

163. NRS 688D.220: Certain information collected by the Commissioner of Insurance.

164. NRS 690B.029: Certain information collected by the Commissioner of Insurance.

165. NRS 692C.190: Certain information collected by the Commissioner of Insurance.

166. NRS 692C.3536: Certain information collected by the Commissioner of Insurance.

167. NRS 692C.3538: Certain information collected by the Commissioner of Insurance.

168. NRS 692C.354: Certain information collected by the Commissioner of Insurance.

169. NRS 692C.420: Certain information collected by the Commissioner of Insurance.

170. NRS 693A.480: Certain information collected by the Commissioner of Insurance.

171. NRS 693A.490: Certain information collected by the Commissioner of Insurance.

172. NRS 695B.320: Certain information collected by the Commissioner of Insurance.

173. NRS 695B.700: Certain information collected by the Commissioner of Insurance.

174. NRS 695C.1717: Certain information collected by the Commissioner of Insurance.

175. NRS 695C.1727: Certain information collected by the Commissioner of Insurance.

176. NRS 695C.1767: Certain information collected by the Commissioner of Insurance.

177. NRS 695G.220: Certain information collected by the Commissioner of Insurance.

178. NRS 695G.430: Certain information collected by the Commissioner of Insurance.

179. NRS 696B.550: Certain information collected by the Commissioner of Insurance.

180. NRS 696C.120: Certain information collected by the Commissioner of Insurance.

181. NRS 697.360: Certain information collected by the Commissioner of Insurance.

182. NRS 701.250: Certain information regarding the use of energy.

183. NRS 701A.230: Certain information regarding tax abatements for green buildings.

184. NRS 702.240: Certain information regarding assistance to low-income households for weatherization and energy conservation.

185. NRS 704B.320: Certain information regarding electric utilities.

186. NRS 704B.325: Certain information regarding electric utilities.

187. NRS 706.1725: Certain information collected by the Nevada Transportation Authority.

188. NRS 706A.230: Certain information collected by the Nevada Transportation Authority.

189. NRS 710.965: Certain information collected by the Division of Enterprise Information Technology

The information was generated with AI, and updated with specifics regarding NRS 239.0105 and NRS 239.014