Southern Nevada Operating Engineers Contract Compliance Trust v. Johnson

OPINION

By the Court,

Rose, J.:

In this appeal, we address whether the Labor Commissioner’s decision to exclude a class of workers from receiving the prevail ing wage under a public works contract constituted a determination in a contested case or a regulation that was subject to the Nevada Administrative Procedure Act’s (APA) rulemaking procedures. We conclude that the Labor Commissioner’s decision effectively deleting an entire class of workers from a previously adopted regulation constituted administrative rulemaking, which required the Labor Commissioner to follow the APA’s provisions.…