Nev. Rev. Stat. » NRS: CHAPTER 233B - NEVADA ADMINISTRATIVE PROCEDURE ACT

Nev. Rev. Stat. § 233B.140

Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner

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NRS 233B.140  Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner.

      1.  A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.

      2.  In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.

      3.  In making a ruling, the court shall:

      (a) Give deference to the trier of fact; and

      (b) Consider the risk to the public, if any, of staying the administrative decision.

Ê The petitioner must provide security before the court may issue a stay.

      (Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)

     

Notes of Decisions
Cited in 38 cases, 1971–2018 · leading case: Nevada Industrial Commission v. Reese
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Nevada Industrial Commission v. Reese (1977) nev · cites it 26× “NRS 233B.140, subsections 4 and 5. [1] The respondents, Luther Reese, Daniel G.”
Apeceche v. White Pine County (1980) nev · cites it 4× “An agency decision may be reversed if substantial rights of appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.”
General Motors v. Jackson (1995) nev · cites it 2× “Appellant first asserts that the legislature specifically restricted the district court’s authority to remand cases to the appeals officer for further fact-finding by amending NRS 233B.140. We disagree. The amendment to NRS 233B.”
Gandy v. State Ex Rel. Division of Investigation & Narcotics (1980) nev · cites it 2× “It is there provided that court review is confined to the record before the agency, NRS 233B.”
Dredge v. State Ex Rel. Department of Prisons (1989) nev · cites it 3× “Specifically, under NRS 233B.140(5), the courts are enjoined from substituting their judgment for that of the agency concerning the weight of the evidence on questions of fact.”
Southwest Gas Corp. v. PUBLIC SERVICE COM'N OF NEV. (1976) nev · cites it 3× “Even more persuasive, however, is a careful reading of NRS 233B.140 which prescribes the scope of, and limitations on, judicial review under NRS Chapter 233B.”
State Ex Rel. Sweikert v. Briare (1978) nev · cites it 2× “The trial court remanded this matter to the Civil Service Board for further proceedings pursuant to NRS 233B.140. Although the Administrative Procedures Act is not applicable, the district court apparently utilized it as a guide and we find no error in its decision to do so.”
American International Vacations v. MacBride (1983) nev “MacBride then filed a petition for judicial review; the district court ordered the Appeals Officer’s decision reversed on the grounds that MacBride had suffered a compensable “injury” as a result of an “accident.” American International now appeals the decision of the district…”
Southern Nevada Memorial Hospital v. State (1985) nev · cites it 2× “Our review of the record convinces us that Salo, Martelle and Hanmer abused their discretion in violation of NRS 233B.140(5)(f). We accordingly agree with the district court that the Department’s first decision was appropriate and must be sustained.”
Feldman v. State (1980) nev · cites it 3× “” NRS 233B.140: 5. The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact.”
Checker Cab Co. v. State (1981) nev · cites it 2× “NRS 233B.140(5)(c); Wadell v. Board of Zoning Appeals, 68 A.”
NEVADA INDUSTRIAL COMMISSION v. Williams (1975) nev · cites it 4× “NRS 233B.140. The Commission once more denied his claim for the same reason as before.”
Show all 38 citing cases →
— Nev. Rev. Stat. § 233B.140(1) — 1 case
State, Department of Motor Vehicles & Public Safety v. Moss (1990) nev
— Nev. Rev. Stat. § 233B.140(2) — 2 cases
Nevada Industrial Commission v. Reese (1977) nev “NRS 233B.140, subsections 4 and 5. [1] The respondents, Luther Reese, Daniel G.”
S. Nev. Health Dist. v. Local Gov't Emp.-Mgmt. Relations Bd. (2018) nev
— Nev. Rev. Stat. § 233B.140(3) — 4 cases
Nevada Industrial Commission v. Reese (1977) nev “NRS 233B.140, subsections 4 and 5. [1] The respondents, Luther Reese, Daniel G.”
McCracken v. Cory (1983) nev
STATE, DEPT. MTR. VEH. v. Dist. Ct. (1997) nev
Nevada Industrial Commission v. Horn (1982) nev
— Nev. Rev. Stat. § 233B.140(3)(b) — 1 case
Langston v. State, Department of Motor Vehicles (1994) nev
— Nev. Rev. Stat. § 233B.140(4) — 5 cases
Nevada Industrial Commission v. Reese (1977) nev “NRS 233B.140, subsections 4 and 5. [1] The respondents, Luther Reese, Daniel G.”
Apeceche v. White Pine County (1980) nev “An agency decision may be reversed if substantial rights of appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.”
Southwest Gas Corp. v. PUBLIC SERVICE COM'N OF NEV. (1976) nev “Even more persuasive, however, is a careful reading of NRS 233B.140 which prescribes the scope of, and limitations on, judicial review under NRS Chapter 233B.”
Whitney v. State, Department of Employment Security (1989) nev
NEVADA INDUSTRIAL COMMISSION v. Williams (1975) nev “NRS 233B.140. The Commission once more denied his claim for the same reason as before.”
— Nev. Rev. Stat. § 233B.140(5) — 15 cases
Nevada Industrial Commission v. Reese (1977) nev “NRS 233B.140, subsections 4 and 5. [1] The respondents, Luther Reese, Daniel G.”
Apeceche v. White Pine County (1980) nev “An agency decision may be reversed if substantial rights of appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.”
Gandy v. State Ex Rel. Division of Investigation & Narcotics (1980) nev “It is there provided that court review is confined to the record before the agency, NRS 233B.”
Dredge v. State Ex Rel. Department of Prisons (1989) nev “Specifically, under NRS 233B.140(5), the courts are enjoined from substituting their judgment for that of the agency concerning the weight of the evidence on questions of fact.”
Crank v. Nevada Industrial Commission (1984) nev
— Nev. Rev. Stat. § 233B.140(5)(a) — 1 case
Local Government Employee-Management Relations Board v. General Sales Drivers, Delivery Drivers & Helpers, Teamsters Loc (1982) nev
— Nev. Rev. Stat. § 233B.140(5)(b) — 1 case
State v. City of Fallon (1984) nev
— Nev. Rev. Stat. § 233B.140(5)(c) — 1 case
Checker Cab Co. v. State (1981) nev “NRS 233B.140(5)(c); Wadell v. Board of Zoning Appeals, 68 A.”
— Nev. Rev. Stat. § 233B.140(5)(d) — 4 cases
American International Vacations v. MacBride (1983) nev “MacBride then filed a petition for judicial review; the district court ordered the Appeals Officer’s decision reversed on the grounds that MacBride had suffered a compensable “injury” as a result of an “accident.” American International now appeals the decision of the district…”
Dredge v. State Ex Rel. Department of Prisons (1989) nev “Specifically, under NRS 233B.140(5), the courts are enjoined from substituting their judgment for that of the agency concerning the weight of the evidence on questions of fact.”
Warpinski v. State Industrial Insurance System (1987) nev
Nevada Industrial Commission v. Horn (1982) nev
— Nev. Rev. Stat. § 233B.140(5)(d)(e) — 1 case
Dredge v. State Ex Rel. Department of Prisons (1989) nev “Specifically, under NRS 233B.140(5), the courts are enjoined from substituting their judgment for that of the agency concerning the weight of the evidence on questions of fact.”
— Nev. Rev. Stat. § 233B.140(5)(e) — 6 cases
Apeceche v. White Pine County (1980) nev “An agency decision may be reversed if substantial rights of appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are clearly erroneous in view of the reliable, probative and substantial evidence on the whole record.”
State Industrial Insurance System v. Snapp (1984) nev
Washoe County v. John A. Dermody, Inc. (1983) nev
Board of Medical Examiners v. Potter (1983) nev
State ex rel. List v. Mirin (1976) nev
— Nev. Rev. Stat. § 233B.140(5)(e)(f) — 2 cases
Gandy v. State Ex Rel. Division of Investigation & Narcotics (1980) nev “It is there provided that court review is confined to the record before the agency, NRS 233B.”
State Industrial Insurance System v. Christensen (1990) nev
— Nev. Rev. Stat. § 233B.140(5)(f) — 3 cases
Southern Nevada Memorial Hospital v. State (1985) nev “Our review of the record convinces us that Salo, Martelle and Hanmer abused their discretion in violation of NRS 233B.140(5)(f). We accordingly agree with the district court that the Department’s first decision was appropriate and must be sustained.”
Feldman v. State (1980) nev “” NRS 233B.140: 5. The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact.”
Meadow v. Civil Service Board (1989) nev
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