NRS
233B.121 Notice of hearing in contested case; contents of notice;
representation by counsel; opportunity to respond and present evidence and
argument; fees and mileage for witnesses; informal disposition; voluntary
surrender of license in contested case deemed disciplinary action; contents of
record; transcriptions; findings of fact.
1. In a contested case, all parties must
be afforded an opportunity for hearing after reasonable notice.
2. The notice must include:
(a) A statement of the time, place and nature of
the hearing.
(b) A statement of the legal authority and
jurisdiction under which the hearing is to be held.
(c) A reference to the particular sections of the
statutes and regulations involved.
(d) A short and plain statement of the matters asserted.
If the agency or other party is unable to state the matters in detail at the
time the notice is served, the initial notice may be limited to a statement of
the issues involved. Thereafter, upon application, a more definite and detailed
statement must be furnished.
3. Any party is entitled to be represented
by counsel.
4. Opportunity must be afforded all
parties to respond and present evidence and argument on all issues involved. An
agency may by regulation authorize the payment of fees and reimbursement for
mileage to witnesses in the same amounts and under the same conditions as for
witnesses in the courts of this state.
5. Unless precluded by law, informal
disposition may be made of any contested case by stipulation, agreed
settlement, consent order or default. If an informal disposition is made, the
parties may waive the requirement for findings of fact and conclusions of law.
6. The voluntary surrender of a license in
a contested case shall be deemed to constitute disciplinary action against the
licensee.
7. The record in a contested case must
include:
(a) All pleadings, motions and intermediate
rulings.
(b) Evidence received or considered.
(c) A statement of matters officially noticed.
(d) Questions and offers of proof and objections,
and rulings thereon.
(e) Proposed findings and exceptions.
(f) Any decision, opinion or report by the
hearing officer presiding at the hearing.
8. Oral proceedings, or any part thereof,
must be transcribed on request of any party. The party making the request shall
pay all the costs for the transcription.
9. Findings of fact must be based
exclusively on a preponderance of the evidence and on matters officially
noticed.
(Added to NRS by 1967,
808; A 1977,
56, 1062;
1985,
350; 2015,
707)
Notes of Decisions
Coury v. Whittlesea-Bell Luxury Limousine (1986)
nev · cites it 2×
“For some inexplicable reason the commission failed almost entirely to comply with the requirements of NRS 233B.121. 2 The notice provides no short and plain statement of the matters asserted, no statement of the nature of the hearing, no statement of legal authority under which…”
State Purchasing Div. v. George's Equip. (1989)
nev · cites it 2×
“Further, George’s argues that the notice, hearing and decision that the Purchasing Director *804 issued did not comply with the requirements set forth for the adjudication of a contested case pursuant to NRS 233B.121. While this is a close question, we conclude that the appeal…”
Edwards v. State, Department of Human Resources, Division of Health (1980)
nev
“The Health Division did not receive formal notice of the hearing before the Commission in the terms specified in NRS 233B.121. On the record before us, however, it is abundantly clear that the Health Division was aware that the hearing concerning appellants was to be held on May…”
Tom v. Innovative Home Systems (2016)
nevapp · cites it 8×
“Furthermore, the investigator's act of issuing a letter directing IHS to respond to the complaint falls far short of compliance with the notice and hearing requirements mandated in NRS 233B.121 for contested cases. There was no notice of a hearing sent to the parties, no ability…”
Gerber Vs. State, Bd. Of Pharmacy (2020)
nev · cites it 5×
“245 (providing the hearing requirements for litigating contested accusations before the Pharmacy Board); NRS 233B.121 (explaining procedures for hearings in a contested case before an administrative agency).”
STATE, DEP'T OF HEALTH AND HUMAN SERV.'S VS. SAMANTHA INC. (2017)
nev · cites it 4×
“Had the Legislature wanted to provide for judicial review of the registration certificate process, it needed to address such SUPREME COURT OF NEVADA (0) 1947A ea, 10 matters as notice and the opportunity to be heard, see NRS 233B.121(1) & (2), the creation of a reviewable…”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 65419 (2016)
nev · cites it 4×
“Furthermore, the investigator's act of issuing a letter directing IHS to respond to the complaint falls far short of compliance with the notice and hearing requirements mandated in NRS 233B.121 for contested cases. There was no notice of a hearing sent to the parties, no…”
— Nev. Rev. Stat. § 233B.121(1) — 11 cases
STATE, DEP'T OF HEALTH AND HUMAN SERV.'S VS. SAMANTHA INC. (2017)
nev
“Had the Legislature wanted to provide for judicial review of the registration certificate process, it needed to address such SUPREME COURT OF NEVADA (0) 1947A ea, 10 matters as notice and the opportunity to be heard, see NRS 233B.121(1) & (2), the creation of a reviewable…”
Tom v. Innovative Home Systems (2016)
nevapp
“Furthermore, the investigator's act of issuing a letter directing IHS to respond to the complaint falls far short of compliance with the notice and hearing requirements mandated in NRS 233B.121 for contested cases. There was no notice of a hearing sent to the parties, no ability…”
— Nev. Rev. Stat. § 233B.121(3) — 2 cases
— Nev. Rev. Stat. § 233B.121(4) — 1 case
— Nev. Rev. Stat. § 233B.121(5) — 6 cases
Tom v. Innovative Home Systems (2016)
nevapp
“Furthermore, the investigator's act of issuing a letter directing IHS to respond to the complaint falls far short of compliance with the notice and hearing requirements mandated in NRS 233B.121 for contested cases. There was no notice of a hearing sent to the parties, no ability…”
TOM VS. INNOVATIVE HOME SYS., LLC C/W 65419 (2016)
nev
“Furthermore, the investigator's act of issuing a letter directing IHS to respond to the complaint falls far short of compliance with the notice and hearing requirements mandated in NRS 233B.121 for contested cases. There was no notice of a hearing sent to the parties, no…”
— Nev. Rev. Stat. § 233B.121(6) — 1 case
Gerber Vs. State, Bd. Of Pharmacy (2020)
nev
“245 (providing the hearing requirements for litigating contested accusations before the Pharmacy Board); NRS 233B.121 (explaining procedures for hearings in a contested case before an administrative agency).”
— Nev. Rev. Stat. § 233B.121(7) — 2 cases
STATE, DEP'T OF HEALTH AND HUMAN SERV.'S VS. SAMANTHA INC. (2017)
nev
“Had the Legislature wanted to provide for judicial review of the registration certificate process, it needed to address such SUPREME COURT OF NEVADA (0) 1947A ea, 10 matters as notice and the opportunity to be heard, see NRS 233B.121(1) & (2), the creation of a reviewable…”
— Nev. Rev. Stat. § 233B.121(8) — 2 cases
— Nev. Rev. Stat. § 233B.121(9) — 1 case
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