Nev. Admin. Code § 445B.890 - Appeal of final decision of Department: Request for hearing; basis for appeal

1. Any person aggrieved by a final decision of the Department may, not later than 10 days after notice of the action of the Department, appeal the decision by filing a request for a hearing before the Commission on a form 3* with the State Environmental Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

2. An appeal of a final decision of the Department must be based upon one or more of the following grounds:

(a) The final decision was in violation of any constitutional or statutory provision;

(b) The final decision was in excess of the statutory authority of the Department;

(c) The final decision was made upon unlawful procedure;

(d) The final decision was affected by other error of law;

(e) The final decision was clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f) The final decision was arbitrary or capricious or characterized by abuse of discretion.

3. A form 3* which is submitted to the Commission pursuant to subsection 1 must include, without limitation:

(a) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(b) A reference to each paragraph of subsection 2 which provides a basis for the appeal and a reference to each provision of law allegedly violated; and

(c) A brief and concise statement of the facts which provide the basis for the appeal.

4. The Commission may dismiss any request for a hearing to appeal a final decision of the Department if the person requesting the hearing fails to submit a completed form 3* with his or her request.

*(See adopting agency for form.)

Notes

Nev. Admin. Code § 445B.890

Environmental Comm'n, Practice Rule 2, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 8, 1-9-76-NAC A 10-29-93; R063-98, 8-4-98; R227-03, 4-20-2004; R135-11, 5-30-2012

NRS 233B.050