Nevada Administrative Code Chapter 379 - Public Libraries
Nevada Administrative Code Chapter 379 — Public Libraries
1. Overview and Authority
NAC Chapter 379 governs the administration, operation, and funding of public libraries within the State of Nevada.
The chapter derives authority from Nevada Revised Statutes (NRS) Chapter 379, which establishes the State Library, Archives and Public Records, and provides the framework for public library services.
The purpose of NAC 379 is to ensure public libraries serve as accessible centers for information, education, and cultural enrichment.
2. Scope of Chapter 379
NAC 379 regulates:
Library administration and governance.
Standards for public library services.
Procedures for state aid to local libraries.
Reporting and accountability requirements.
Criteria for certification of public libraries.
Procedures for grants and funding allocations.
3. Governance and Administration
Public libraries may be governed by local library boards appointed according to local ordinance or statute.
NAC 379 requires compliance with statewide standards to maintain eligibility for state aid.
The State Library Board oversees statewide library policy and distribution of funds.
4. Library Certification and Standards
To receive state funding, public libraries must apply for and maintain certification.
Certification criteria include:
Minimum hours of operation.
Qualified staffing requirements.
Collection development standards.
Provision of access to library resources.
Libraries must submit annual reports demonstrating compliance.
5. State Aid and Funding
NAC 379 outlines the allocation of state funds to local public libraries.
Funding is contingent upon libraries meeting certification standards and submitting required documentation.
Funds may be used for materials, personnel, programs, and facility improvements.
6. Reporting and Accountability
Public libraries are required to file periodic reports on circulation, program attendance, expenditures, and other metrics.
The State Library uses these reports to monitor library performance and eligibility for ongoing funding.
7. Relevant Case Law Principles
There is limited direct case law interpreting NAC Chapter 379 specifically, but several cases illustrate broader legal principles related to public libraries, administrative rulemaking, and public funding in Nevada:
Case Example 1: Public Access and First Amendment Rights
Courts have upheld public libraries’ role as forums for free speech and access to information.
In challenges involving library censorship or removal of materials, courts apply First Amendment protections, balancing community standards with free expression rights.
This underscores libraries’ obligation under NAC 379 to provide diverse and accessible collections.
Case Example 2: Administrative Discretion and Funding
Nevada courts generally defer to administrative agencies like the State Library Board in allocation of funds, provided the process follows statutory mandates.
In disputes over denial of state aid, courts require that agencies apply rules fairly, not arbitrarily or capriciously.
This enforces the procedural fairness required under NAC 379 funding criteria.
Case Example 3: Local Governance and Compliance
When local library boards or officials fail to comply with state certification standards, state authorities can withhold funding.
Courts have supported such actions where clear statutory and regulatory standards exist.
This affirms NAC 379’s enforcement mechanisms to ensure library quality statewide.
8. Summary
NAC Chapter 379 establishes comprehensive rules for Nevada’s public libraries, focusing on certification, governance, funding, and accountability.
Public libraries must adhere to statewide standards to receive and maintain state funding.
Legal principles emphasize libraries’ role in promoting free access to information while administrative agencies retain discretion in enforcing funding rules.
Courts balance enforcement of library standards with constitutional rights, supporting fair administrative procedures.
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