NRS
284.390 Hearing to determine reasonableness of dismissal, demotion or
suspension; production of documents; representation; evidence; written
decision; reinstatement; judicial review.
1. Within 10 working days after the
effective date of an employee’s dismissal, demotion or suspension pursuant to NRS 284.385, the employee who has been
dismissed, demoted or suspended may request in writing a hearing before the
hearing officer of the Commission to determine the reasonableness of the
action. The request may be made by mail and shall be deemed timely if it is
postmarked within 10 working days after the effective date of the employee’s
dismissal, demotion or suspension.
2. The hearing officer shall grant the
employee a hearing within 20 working days after receipt of the employee’s
written request unless the time limitation is waived, in writing, by the
employee or there is a conflict with the hearing calendar of the hearing
officer, in which case the hearing must be scheduled for the earliest possible
date after the expiration of the 20 days.
3. Upon verification that a request for a
hearing has been made pursuant to subsection 1, the appointing authority of the
employee who was the subject of the internal administrative investigation
shall, within 5 days after receiving a request by the employee or his or her
representative, produce and allow the employee or his or her representative to
inspect or receive a copy of any document concerning the internal
administrative investigation, including, without limitation, any recordings,
notes, transcripts of interviews or other documents or evidence related to the
internal administrative investigation.
4. The employee may represent himself or
herself at the hearing or be represented by an attorney or other person of the
employee’s own choosing.
5. Technical rules of evidence do not
apply at the hearing.
6. After the hearing and consideration of
the evidence, the hearing officer shall render a decision in writing, setting
forth the reasons therefor.
7. If the hearing officer determines that
the dismissal, demotion or suspension was without just cause as provided in NRS 284.385, the action must be set aside
and the employee must be reinstated, with full pay for the period of dismissal,
demotion or suspension.
8. The decision of the hearing officer is
binding on the parties.
9. Any petition for judicial review of the
decision of the hearing officer must be filed in accordance with the provisions
of chapter 233B of NRS.
[50:351:1953]—(NRS A 1969,
897; 1973,
275, 589;
1977,
62, 992;
1983,
247, 638;
1989,
1587, 1653;
1993,
544; 2011,
2954; 2017,
4181)
Notes of Decisions
Cited in
26
cases (
3 in the last 5 years), 1960–2024 · leading case:
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
· cites it 14× “385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).
· cites it 2× “08 (1970) (hearing within 10 days, decision within 3 days of hearing); Nev. Rev. Stat. § 284.390 (2) (1983) (hearing within 20 days); N.”
Taylor v. State Dep't of Health & Human Servs., 2013 NV 99 (Nev. 2013).
· cites it 6× “Taylor administratively appealed his dismissal pursuant to NRS 284.390, and following an evidentiary hearing, the State Personnel Commission hearing officer issued a decision setting aside Taylor’s dismissal and remanding the case to DCFS to determine the appropriate level of…”
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
· cites it 8× “2 Fowler appealed the agency’s disci *785 plinary action under NRS 284.390. 3 The hearing officer’s decision was subject to judicial review pursuant to NRS 284.”
Nevada State Pers. Div. v. Haskins, 529 P.2d 795 (Nev. 1974).
· cites it 5× “By timely application under NRS 284.390(1), respondent sought and obtained an administrative hearing before a hearing officer of the Nevada State Personnel Advisory Commission, an independent state agency formed to decide disputes between state employees and their employers.”
State, Dep't of Transp. Vs. Bronder, 2020 NV 76 (Nev. 2020).
· cites it 4× “3d NRS 284.390(1) provides a similar 10-day limit that applies only to 3 "an employee's dismissal, demotion or suspension pursuant to NRS 284.”
Dep't of Corr. v. Ludwick, 440 P.3d 43 (Nev. 2019).
· cites it 2× “(citing NRS 284.390(1), (7) ). Because the determination of whether a violation is so serious that it warrants termination for a first-time offense is part of the hearing officer's consideration of whether the agency's decision to terminate was reasonable and with just cause,…”
Hagblom v. Pers. Advisory Comm'n, 623 P.2d 977 (Nev. 1981).
· cites it 7× “THE COMMISSION PROCEEDING NRS 284.390 governs the process by which a state employee may appeal a termination order.”
Knapp v. State, 892 P.2d 575 (Nev. 1995).
“NRS 284.390(1). “The hearing officer shall make no assumptions of innocence or guilt but shall be guided in his decision by the weight of the evidence as it appears to him at the hearing.”
Oliver v. Spitz, 348 P.2d 158 (Nev. 1960).
“The day after his receipt of said letter petitioner requested in writing a hearing before the Advisory Personnel Commission to determine the reasonableness of such action, as provided by NRS 284.390. On August 17, 1959 such hearing was held and on September 14, 1959 the Advisory…”
O'keefe Vs. State, Dep't of Motor Vehs., 2018 NV 92 (Nev. 2018).
· cites it 26× “385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
Dep't of Motor Vehs. v. Rebol, 589 P.2d 178 (Nev. 1979).
· cites it 4× “On April 5, 1977, pursuant to NRS 284.390, respondent requested a hearing before the Personnel Advisory Commission.”
— Nev. Rev. Stat. § 284.390(1) — 19 cases
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
“385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
Taylor v. State Dep't of Health & Human Servs., 2013 NV 99 (Nev. 2013).
“Taylor administratively appealed his dismissal pursuant to NRS 284.390, and following an evidentiary hearing, the State Personnel Commission hearing officer issued a decision setting aside Taylor’s dismissal and remanding the case to DCFS to determine the appropriate level of…”
State, Dep't of Transp. Vs. Bronder, 2020 NV 76 (Nev. 2020).
“3d NRS 284.390(1) provides a similar 10-day limit that applies only to 3 "an employee's dismissal, demotion or suspension pursuant to NRS 284.”
Dep't of Corr. v. Ludwick, 440 P.3d 43 (Nev. 2019).
“(citing NRS 284.390(1), (7) ). Because the determination of whether a violation is so serious that it warrants termination for a first-time offense is part of the hearing officer's consideration of whether the agency's decision to terminate was reasonable and with just cause,…”
Knapp v. State, 892 P.2d 575 (Nev. 1995).
“NRS 284.390(1). “The hearing officer shall make no assumptions of innocence or guilt but shall be guided in his decision by the weight of the evidence as it appears to him at the hearing.”
— Nev. Rev. Stat. § 284.390(2) — 3 cases
Dep't of Motor Vehs. v. Rebol, 589 P.2d 178 (Nev. 1979).
“On April 5, 1977, pursuant to NRS 284.390, respondent requested a hearing before the Personnel Advisory Commission.”
— Nev. Rev. Stat. § 284.390(5) — 1 case
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
“2 Fowler appealed the agency’s disci *785 plinary action under NRS 284.390. 3 The hearing officer’s decision was subject to judicial review pursuant to NRS 284.”
— Nev. Rev. Stat. § 284.390(6) — 4 cases
Taylor v. State Dep't of Health & Human Servs., 2013 NV 99 (Nev. 2013).
“Taylor administratively appealed his dismissal pursuant to NRS 284.390, and following an evidentiary hearing, the State Personnel Commission hearing officer issued a decision setting aside Taylor’s dismissal and remanding the case to DCFS to determine the appropriate level of…”
Nevada State Pers. Div. v. Haskins, 529 P.2d 795 (Nev. 1974).
“By timely application under NRS 284.390(1), respondent sought and obtained an administrative hearing before a hearing officer of the Nevada State Personnel Advisory Commission, an independent state agency formed to decide disputes between state employees and their employers.”
Hagblom v. Pers. Advisory Comm'n, 623 P.2d 977 (Nev. 1981).
“THE COMMISSION PROCEEDING NRS 284.390 governs the process by which a state employee may appeal a termination order.”
— Nev. Rev. Stat. § 284.390(7) — 11 cases
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
“385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
State, Dep't of Human Resources v. Fowler, 858 P.2d 375 (Nev. 1993).
“2 Fowler appealed the agency’s disci *785 plinary action under NRS 284.390. 3 The hearing officer’s decision was subject to judicial review pursuant to NRS 284.”
Nevada State Pers. Div. v. Haskins, 529 P.2d 795 (Nev. 1974).
“By timely application under NRS 284.390(1), respondent sought and obtained an administrative hearing before a hearing officer of the Nevada State Personnel Advisory Commission, an independent state agency formed to decide disputes between state employees and their employers.”
O'keefe Vs. State, Dep't of Motor Vehs., 2018 NV 92 (Nev. 2018).
“385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
Hagblom v. Pers. Advisory Comm'n, 623 P.2d 977 (Nev. 1981).
“THE COMMISSION PROCEEDING NRS 284.390 governs the process by which a state employee may appeal a termination order.”
— Nev. Rev. Stat. § 284.390(8) — 1 case
Hagblom v. Pers. Advisory Comm'n, 623 P.2d 977 (Nev. 1981).
“THE COMMISSION PROCEEDING NRS 284.390 governs the process by which a state employee may appeal a termination order.”
— Nev. Rev. Stat. § 284.390(9) — 5 cases
O'Keefe v. State, 431 P.3d 350 (Nev. 2018).
“385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
Hagblom v. Pers. Advisory Comm'n, 623 P.2d 977 (Nev. 1981).
“THE COMMISSION PROCEEDING NRS 284.390 governs the process by which a state employee may appeal a termination order.”
O'keefe Vs. State, Dep't of Motor Vehs., 2018 NV 92 (Nev. 2018).
“385(1)(a), which sets forth grounds for an agency to dismiss or demote a classified employee, together with NRS 284.390, which directs a hearing officer to review the agency's disciplinary decision.”
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