NRS
233B.131 Transmittal of record of proceedings to reviewing court by party
and agency; shortening of or corrections or additions to record; additional
evidence; modification of findings and decision by agency based on additional
evidence.
1. Within 45 days after the service of the
petition for judicial review or such time as is allowed by the court:
(a) The party who filed the petition for judicial
review shall transmit to the reviewing court an original or certified copy of
the transcript of the evidence resulting in the final decision of the agency.
(b) The agency that rendered the decision which
is the subject of the petition shall transmit to the reviewing court the
original or a certified copy of the remainder of the record of the proceeding
under review.
Ê The record
may be shortened by stipulation of the parties to the proceedings. A party unreasonably
refusing to stipulate to limit the record, as determined by the court, may be
assessed by the court any additional costs. The court may require or permit
subsequent corrections or additions to the record.
2. If, before submission to the court, an
application is made to the court for leave to present additional evidence, and
it is shown to the satisfaction of the court that the additional evidence is
material and that there were good reasons for failure to present it in the
proceeding before the agency, the court may order that the additional evidence
and any rebuttal evidence be taken before the agency upon such conditions as
the court determines.
3. After receipt of any additional
evidence, the agency:
(a) May modify its findings and decision; and
(b) Shall file the evidence and any
modifications, new findings or decisions with the reviewing court.
(Added to NRS by 1989,
1649; A 2015,
710)
Notes of Decisions
Garcia v. Scolari's Food & Drug (2009)
nev · cites it 10×
“Accordingly, the district court did not abuse its discretion in determining that good reasons did not exist under NRS 233B.131(2) to remand this matter to the appeals officer for consideration of additional evidence.”
Lau v. City Of Las Vegas (2022)
nev · cites it 2×
“" (emphasis added)); NRS 233B.131(3)(a) (permitting an agency to modify its findings and decision "[a]fter receipt of any additional evidence); City of North Pole v.”
Lau v. City Of Las Vegas (2022)
nev
“123 (providing that in regards to a hearing subject to the Administrative Procedure Act, "[p]arties must be notified either before or during the hearing . . . of the material noticed, .”
Morgan v. Mgm grand/mgm Resorts Int'l. (2014)
nev
“135(1) (limiting judicial review to the administrative record); NRS 233B.131(2) (explaining the process to have additional evidence considered).”
— Nev. Rev. Stat. § 233B.131(2) — 2 cases
Garcia v. Scolari's Food & Drug (2009)
nev
“Accordingly, the district court did not abuse its discretion in determining that good reasons did not exist under NRS 233B.131(2) to remand this matter to the appeals officer for consideration of additional evidence.”
Morgan v. Mgm grand/mgm Resorts Int'l. (2014)
nev
“135(1) (limiting judicial review to the administrative record); NRS 233B.131(2) (explaining the process to have additional evidence considered).”
— Nev. Rev. Stat. § 233B.131(3)(a) — 2 cases
Lau v. City Of Las Vegas (2022)
nev
“" (emphasis added)); NRS 233B.131(3)(a) (permitting an agency to modify its findings and decision "[a]fter receipt of any additional evidence); City of North Pole v.”
Lau v. City Of Las Vegas (2022)
nev
“123 (providing that in regards to a hearing subject to the Administrative Procedure Act, "[p]arties must be notified either before or during the hearing . . . of the material noticed, .”
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