Articles Posted in Government & Administrative Law

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Based on the plain language of Nev. Rev. Stat. 612.530(1), the requirement that all relevant parties be named as defendants must be completed as timely as the rest of the petition. The Board of Review and the Administrator of the Nevada Department of Employment, Training and Rehabilitation, Employment Security Division (ESD) awarded unemployment compensation benefits to Jessica Gerry, a former employee of McDonald’s of Keystone. McDonald’s filed a petition for judicial review of the Board’s decision. The ESD moved to dismiss the petition for judicial review on the ground that the caption failed to identify Gerry as a defendant, rendering the petition defective under Nev. Rev. Stat. 612.530(1). The district court denied the ESD’s motion to dismiss and granted McDonald’s motion to amend, concluding that the naming of all relevant parties as defendants was not a jurisdictional requirement. The Supreme Court granted the ESD’s petition for extraordinary relief, holding that McDonald’s failure to follow the statutory requirements of section 612.530(1) deprived the district court of jurisdiction to hear its petition for judicial review. View "Board of Review v. Second Judicial District Court" on Justia Law

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This appeal concerned a dispute between taxpayers from the Incline Village and Crystal Bay areas of Washoe County and Nevada State Board of Equalization concerning the State Board’s failure to equalize property values as required by Nev. Rev. Stat. 361.395 for tax years 2003 through 2005. The district court dismissed the taxpayers’ petition for judicial review of the State Board’s interlocutory administrative order requiring reappraisals of properties around Incline Village and Crystal Bay for the tax years in question. The Supreme Court reversed and instructed the district court to grant, in part, the petition for judicial review and vacated the State Board’s interlocutory administrative order directing reappraisals of the properties, holding (1) this Court has jurisdiction to consider the district court’s dismissal of the petition for judicial review; and (2) the district court erred when it dismissed the petition for judicial review because the State Board exceeded its statutory authority to order reappraisals pursuant to section 361.395. View "Village League To Save Incline Assets, Inc. v. State, Board of Equalization" on Justia Law

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The parties in this case disputed who had rights to certain spring waters. The state engineer adjudicated the parties’ rights and entered a final order of determination. Both parties filed exceptions to the state engineer’s final order. Before the matter was heard before the district court, Respondent filed a motion to supplement his earlier filed exceptions to include property access claims arising from its water rights. The district court granted Respondent’s request. The district court then affirmed the state engineer’s order of determination, as modified. The Supreme Court affirmed, holding (1) the district court properly considered the notice of supplemental exceptions in affirming the state engineer’s order of determination, as modified, including Respondent’s supplemental request that the district court’s judgment confirm Respondent’s right of access to certain property to repair and maintain the facilities necessary to convey water; and (2) the district court’s findings were based on substantial evidence. View "Jackson v. Groenendyke" on Justia Law

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Respondent pleaded guilty to possession of stolen property. Because he could not afford bail, Respondent was incarcerated for one year. Respondent was fired by Employer because of his unexcused absences caused by his incarceration. The Nevada Employment Security Division (ESD) and the ESD Board of Review concluded that Respondent was not entitled to unemployment benefits because, by admitting to the criminal conduct that caused his incarceration, Respondent committed disqualifying misconduct. The district court reversed, ruling that the only misconduct connected with work was Respondent’s absenteeism, which was insufficient to deny benefits. The Supreme Court reversed, holding that Respondent’s absence from work was directly caused by his criminal conduct, and therefore, Respondent was disqualified from receiving benefits under Nev. Rev. Stat. 612.385. View "State, Employment Sec. Div. v. Murphy" on Justia Law

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Appellant was terminated from her employment with Employer for failing to maintain an intern certification or obtain a counselor certification as required by Employer’s employment policy. Appellant applied to the Department of Employment, Training & Rehabilitation, Employment Security Division (ESD) for unemployment benefits. ESD denied Appellant’s claim, finding that she was terminated for misconduct connected with her work. ESD’s Board of Review denied Appellant’s appeal. The district court denied Appellant’s petition for judicial review, concluding that Appellant’s failure to receive her bachelor’s degree within ten years constituted misconduct connected with her employment. The Supreme Court affirmed, holding that because Appellant did not provide sufficient evidence to demonstrate that she made a reasonable, good-faith attempt to maintain her certification or to timely graduate, Appellant’s conduct amounted to disqualifying misconduct. View "Goodwin v. Jones" on Justia Law

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In 2014, Respondent applied to the Division of Parole and Probation for a change in his probation discharge status under a set of regulations adopted pursuant to a statute (referred to as Section 16) that sunsetted in 2008. The Division denied Respondent’s request due to Respondent’s failure to satisfy his parole obligation of community service. Respondent urged the Division to comply with Section 16, but the Division maintained that Section 16 expired in 2008. Respondent filed a petition for writ of mandamus seeking to compel the Division to comply with Section 16 and grant his application, arguing that the Division acted arbitrarily and capriciously and denying his application because the Division granted two other applications after 2008. The district court agreed with Respondent and granted the writ. The Supreme Court reversed, holding that the district court erred in concluding that the Division acted arbitrarily and capriciously, such that mandamus relief was necessary, because Respondent did not show that, post-2008, the Division was granting applications for individuals who, like Respondent, failed to satisfy probation obligations. View "Dep't of Pub. Safety v. Coley" on Justia Law

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Nev. Rev. Stat. 533.3705(1) allows the State Engineer to subject newly approved water applications to an incremental use process. The statute was enacted in 2007. In 1989, Southern Nevada Water Authority (SNWA) filed various water permit applications with the State Engineer. Many entities, including the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints (CPB), opposed SNWA’s applications. Ultimately, in 2012, the State Engineer denied some of SNWA’s applications and granted others. The State Engineer subjected SNWA’s approved applications to three stages of incremental development and monitoring. CPB and others petitioned the district court for review. The district court rejected CPB’s argument that the State Engineer gave section 533.3705(1) an improper retroactive effect but reversed and remanded the State Engineer’s ruling on other grounds. CPB subsequently petitioned the Supreme Court for an extraordinary writ barring the State Engineer from applying section 533.3705(1) to SNWA’s applications. The Supreme Court denied the petition, holding that the State Engineer applied section 533.3705(1) prospectively to applications approved in 2012, and therefore, the State Engineer did not apply section 533.3705(1) retroactively in this case. View "Corp. of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints v. Seventh Judicial Dist. Court" on Justia Law

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Appellant was arrested for driving under the influence and submitted to a blood test. Christine Maloney, a forensic scientist, conducted a blood analysis, which revealed a blood-alcohol concentration of 0.159. The Department of Motor Vehicles (DMV) notified Appellant that his driver’s license was being revoked, and Appellant requested an administrative hearing to contest the revocation. The administrative law judge (ALJ) concluded that the DMV established the necessary elements of proof and revoked Appellant’s driver’s license, concluding that Maloney’s affidavit declaring that she was chemist was admissible. Appellant petitioned for judicial review, arguing that the ALJ’s decision was not supported by substantial evidence because Maloney’s affidavit failed to state whether she had been court-qualified as an expert. The district court denied the petition. The Supreme Court reversed, holding (1) Maloney’s affidavit, which failed to state whether she had been qualified in a Nevada court of record, was inadmissible at Appellant’s revocation hearing; and (2) in the affidavit’s absence, the evidence was not sufficiently substantial to revoke Appellant’s driver’s license. View "Valenti v. State, Dep't of Motor Vehicles" on Justia Law

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The State Engineer cancelled a water permit for failure to comply with its terms. Plaintiff filed a petition for judicial review in the district court under Nev. Rev. Stat. 533.395(2) seeking an order vacating the state Engineer’s decision to cancel the permit. The district court granted the State Engineer’s motion to dismiss Plaintiff’s petition because Plaintiff sought judicial review before exhausting her available administrative remedies. The Supreme Court affirmed, holding (1) section 533.395(2) requires a party aggrieved by the cancellation of a water permit to exhaust all available administrative remedies before filing a petition for judicial review with the district court, even when the remedy that the State Engineer is authorized to provide is not the remedy that the party seeks; and (2) Plaintiff, therefore, should have filed a written request for the State Engineer to review its decision to cancel the water permit at a public hearing before she sought judicial remedies. View "Benson v. State Eng’r" on Justia Law

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Through the adoption of Nev. Rev. Stat. 630.356(2), the Legislature gave physicians the right to contest and the district courts the power to review final decisions of the Nevada State Board of Medical Examiners. In this case, the Board suspended the license of Appellant, a surgeon licensed in Nevada, for rendering services to a patient while under the influence of alcohol and in an impaired condition. The Board also issued a public reprimand and imposed additional sanctions. Appellant petitioned for judicial review of the Board’s decision and requested a preliminary injunction to stay the sanctions and prevent the Board, while judicial review was pending, from filing a report with the National Practitioner Data Bank. The district court denied Appellant’s injunction request, concluding that section 630.356(2), which prohibits district courts from entering a stay of the Board’s decision pending judicial review, precluded such an action. The Supreme Court reversed, holding that section 630.356(2) impermissibly acts as a legislative encroachment on the district court’s power to do what is reasonably necessary to administer justice, and this is a violation of the separation of powers doctrine. View "Tate v. State Bd. of Med. Exam'rs" on Justia Law