Nevada § 360.245 - Decision of Department final unless appealed to Nevada Tax Commission; time for appeal; service of decision; review of certain decisions; judicial review; adoption of regulations by Nevada Tax Commission; transmission of notice of certain decisions on appeal

§ 360.245. Decision of Department final unless appealed to Nevada Tax Commission; time for appeal; service of decision; review of certain decisions; judicial review; adoption of regulations by Nevada Tax Commission; transmission of notice of certain decisions on appeal

1. Except as otherwise provided in this title: (a) All decisions of the Executive Director or other officer of the Department made

pursuant to this title are final unless appealed to the Nevada Tax Commission. (b) Any natural person, partnership, corporation, association or other business or

legal entity who is aggrieved by such a decision may appeal the decision by filing

a notice of appeal with the Department within 30 days after service of the decision

upon that person or business or legal entity. 2. Service of the decision must be made personally or by certified mail. If service is made by certified mail: (a) The decision must be enclosed in an envelope which is addressed to the taxpayer

at his or her address as it appears in the records of the Department. (b) It is deemed to be complete at the time the appropriately addressed envelope containing

the decision is deposited with the United States Postal Service. 3. The Nevada Tax Commission, as head of the Department, may review all decisions

made by the Executive Director that are not otherwise appealed to the Commission pursuant

to this section. 4. The Nevada Tax Commission may reverse, affirm or modify any decision of the Department

that is: (a) Appealed to the Commission by a taxpayer pursuant to this section; or (b) Reviewed by the Commission pursuant to this section. 5. A decision of the Nevada Tax Commission is a final decision for the purposes of

judicial review. The Executive Director or any other employee or representative of the Department shall

not seek judicial review of such a decision. 6. The Nevada Tax Commission shall provide by regulation for: (a) Notice to be given to each county of any decision upon an appeal to the Commission

that the Commission determines is likely to affect the revenue of the county or other

local government. The regulations must specify the form and contents of the notice and requirements

for the number of days before a meeting of the Commission that the notice must be

transmitted. If the parties to the appeal enter into a stipulation as to the issues that will be

heard on appeal, the Commission shall transmit a copy of the notice to the district

attorney of each county which the Commission determines is likely to be affected by

the decision. Upon receipt of such a notice, the district attorney shall transmit a copy of the

notice to each local government within the county which the Commission determines

is likely to be affected by the decision. If there is no such stipulation, the Commission shall transmit a copy of the notice,

accompanied by the names of the parties and the amount on appeal, if any, to the governing

bodies of the counties and other local governments which the Commission determines

are likely to be affected by the decision. (b) The manner in which a county or other local government which is not a party to

such an appeal may become a party, and the procedure for its participation in the

appeal. 7. A county or other local government which is a party and is aggrieved by the decision

of the Nevada Tax Commission is entitled to seek judicial review of the decision. 8. Upon application by a taxpayer, the Nevada Tax Commission shall review the denial

of relief pursuant to NRS 361.4835 and may grant, deny or modify the relief sought.