Nevada § 119A.658 - Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Appeal of decision of hearing officer

§ 119A.658. Procedure for imposing fine or revoking, suspending or denying renewal of license or permit: Appeal of decision of hearing officer

1. A ruling or decision of the hearing officer in any disciplinary action is final

when in favor of the licensee or permittee. 2. If a ruling or decision is against the licensee or permittee, the licensee or permittee

may within 30 days after the date of the decision appeal therefrom to the district

court for the county in which the party adversely affected by the decision resides

or has his or her place of business under the terms of this chapter, by filing in

the district court and serving upon the Administrator personally or by certified mail

a notice of the appeal, a written petition for review and a demand in writing for

a certified transcript and copies of all the papers on file in the office of the Division

affecting or relating to the decision and the evidence taken at the hearing. Thereupon, the Division shall, within 30 days, make and certify the transcript and

the copies and file them with the clerk of the court. The petition for review need not be verified but must set forth in specific detail

any ground for the appeal, including any errors which the licensee or permittee contends

that the hearing officer committed at the hearing. 3. The appellant's opening brief must be filed in the district court within 30 days

after the date on which the transcript is filed with the court. The respondent's answering brief must be filed within 30 days after the appellant's

opening brief is filed. If the appellant chooses to file a reply brief, it must be filed within 10 days

after the respondent's answering brief is filed. Failure to file a brief within the time prescribed in this section constitutes a

waiver of the right to file that brief, unless the court grants an extension for good

cause shown. 4. The burden of proof in the appeal is on the appellant. The court shall consider the action of the Administrator upon which the decision

of the hearing officer was based, and is limited solely to a consideration and determination

of the question of whether there has been an abuse of discretion on the part of the

Administrator in making that decision.