Nevada § 233B.130 - Judicial review; requirements for petition and cross-petition; statement of intent to participate; petition for rehearing or reconsideration; service; dismissal of certain agencies and persons from proceedings concerning final decision of State Contractors’ Board; exclusive means

§ 233B.130. Judicial review; requirements for petition and cross-petition; statement of intent to participate; petition for rehearing or reconsideration; service; dismissal of certain agencies and persons from proceedings concerning final decision of State Contractors’ Board; exclusive means

1. Any party who is: (a) Identified as a party of record by an agency in an administrative proceeding;

and (b) Aggrieved by a final decision in a contested case, is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level

is reviewable unless a decision made at a lower level in the agency is made final

by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested

case is reviewable if review of the final decision of the agency would not provide

an adequate remedy. 2. Petitions for judicial review must: (a) Name as respondents the agency and all parties of record to the administrative

proceeding; (b) Be instituted by filing a petition in the district court in and for Carson City,

in and for the county in which the aggrieved party resides or in and for the county

where the agency proceeding occurred; (c) Be served upon: (1) The Attorney General, or a person designated by the Attorney General, at the Office

of the Attorney General in Carson City; and (2) The person serving in the office of administrative head of the named agency;

and (d) Be filed within 30 days after service of the final decision of the agency. Cross-petitions for judicial review must be filed within 10 days after service of

a petition for judicial review. 3. The agency and any party desiring to participate in the judicial review must file

a statement of intent to participate in the petition for judicial review and serve

the statement upon the agency and every party within 20 days after service of the

petition. 4. A petition for rehearing or reconsideration must be filed within 15 days after

the date of service of the final decision. An order granting or denying the petition must be served on all parties at least

5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order

for the purpose of judicial review. 5. The petition for judicial review and any cross-petitions for judicial review must

be served upon the agency and every party within 45 days after the filing of the petition,

unless, upon a showing of good cause, the district court extends the time for such

service. If the proceeding involves a petition for judicial review or cross-petition for

judicial review of a final decision of the State Contractors' Board, the district

court may, on its own motion or the motion of a party, dismiss from the proceeding

any agency or person who: (a) Is named as a party in the petition for judicial review or cross-petition for

judicial review; and (b) Was not a party to the administrative proceeding for which the petition for judicial

review or cross-petition for judicial review was filed. 6. The provisions of this chapter are the exclusive means of judicial review of, or

judicial action concerning, a final decision in a contested case involving an agency

to which this chapter applies.