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LABOR COMM'R v. LITTLEFIELD

No. 46326.

153 P.3d 26 (2007)

LABOR COMMISSIONER OF the STATE OF NEVADA, Appellant, v. Kody LITTLEFIELD and Southern Nevada Operating Engineers Contract Compliance Trust, Respondents.

Supreme Court of Nevada.

March 8, 2007.

Attorney(s) appearing for the Case

Catherine Cortez Masto, Attorney General, and Dennis L. Belcourt, Deputy Attorney General, Carson City, for Appellant.

McCracken Stemerman Bowen & Holsberry and Andrew J. Kahn, Las Vegas, for Respondents.

Before the Court En Banc.

OPINION

PER CURIAM.

In this appeal, we address whether the Labor Commissioner's decision to delete soils tester and equipment greaser classifications from his annual prevailing wage publication constituted ad hoc rulemaking, in violation of the Nevada Administrative Procedure Act (APA).1 Because the addition, deletion, or substantial modification of worker classifications under prevailing wage laws establishes a directive...

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