NRS
463.315 Judicial review: Petition; intervention; stay of enforcement;
priority if supervisor appointed.
1. Any person aggrieved by a final
decision or order of the Commission made after hearing or rehearing by the
Commission pursuant to NRS 463.312 to 463.3145, inclusive, and whether or not a
petition for rehearing was filed, may obtain a judicial review thereof in the
district court in and for Carson City, the district court in and for the county
in which the petitioner resides or the district court in and for the county in
which the petitioner has his, her or its principal place of business.
2. The judicial review must be instituted
by filing a petition within 20 days after the effective date of the final
decision or order. A petition may not be filed while a petition for rehearing
or a rehearing is pending before the Commission. The petition must set forth
the order or decision appealed from and the grounds or reasons why petitioner
contends a reversal or modification should be ordered.
3. Copies of the petition must be served
upon the Commission and all other parties of record, or their counsel of
record, either personally or by certified mail.
4. The court, upon a proper showing, may
permit other interested persons to intervene as parties to the appeal or as
friends of the court.
5. The filing of the petition does not
stay enforcement of the decision or order of the Commission, but the Commission
itself may grant a stay upon such terms and conditions as it deems proper.
6. If judicial review is sought in any
case in which a supervisor has been appointed pursuant to NRS 463B.010 to 463B.280, inclusive, the district court
shall give priority to that review over other civil actions.
(Added to NRS by 1959,
448; A 1979,
809; 1983,
1561; 2023,
1497)
Notes of Decisions
Resnick v. Nevada Gaming Comm'n, 752 P.2d 229 (Nev. 1988).
· cites it 9× “” Despite this general principle of non-intervention, Resnick asserts that the lower court had jurisdiction to consider and reverse the Commission’s order under NRS 463.315. NRS 463.315(1) provides “any person aggrieved by a final decision or order of the commission made after…”
State v. Rosenthal, 559 P.2d 830 (Nev. 1977).
· cites it 3× “He premised his petition upon NRS 463.315, alleging that the decision of the Commission violated constitutional provisions, was in excess of its jurisdiction, made upon unlawful procedures, was unsupported by any evidence, and was arbitrary and capricious and otherwise not in…”
Zaika v. Del E. Webb Corp., 508 F. Supp. 1005 (D. Nev. 1981).
· cites it 3× “NRS 463.315. 2 Therefore, if the licensee refuses to pay a player’s claim after an adverse decision by the Gaming Control Board, it has in effect a right to further administrative review in front of the Gaming Commission and judicial review in Nevada courts.”
O'Callaghan v. Eighth Jud. Dist. Court, 505 P.2d 1215 (Nev. 1973).
· cites it 5× “A reading of the Gaming Control Act reveals that the judicial review specified in NRS 463.315 applies to disciplinary or other action against a licensee [NRS 463.”
State V. Eighth Jud. Dist. Court of the State of Nevada, 899 P.2d 1121 (Nev. 1995).
· cites it 2× “The commission contends that pursuant to NRS 463.315(5), only the commission has the statutory authority to stay its order of exclusion and that the district court, therefore, exceeded its jurisdiction in granting Corbo’s motion to stay execution.”
Nev. Gaming Comm'n v. Wynn, 2022 NV 20 (Nev. 2022).
· cites it 24× “: NRS 463.315(1) entitles a person subject to disciplinary proceedings by the Nevada Gaming Commission to judicial review of the Commission's final order in district court.”
M & R Inv. Co. v. Nevada Gaming Comm'n, 559 P.2d 829 (Nev. 1977).
“NRS 463.315. Our function and that of the district court is to review the evidence presented to the Commission and to determine if there is any evidence to support the decision of the Commission.”
In Re Proceedings Before the Fed. Grand Jury, 487 F. Supp. 1098 (D. Nev. 1980).
“The Board makes recommendations to the Commission as to whether an applicant is suitable for licensing; but it is the Commission that has “full and absolute power and authority” to actually grant or deny an application. NRS 463.140(2); 463.220. Moreover, if the Commission is…”
Nevada Indus. Comm'n v. Strange, 437 P.2d 873 (Nev. 1968).
“2 NRS 463.315(1). “Any person aggrieved by a final decision or order of the [Nevada Tax] commission made after hearing or rehearing by the commission pursuant to NRS 463.”
— Nev. Rev. Stat. § 463.315(1) — 4 cases
Resnick v. Nevada Gaming Comm'n, 752 P.2d 229 (Nev. 1988).
“” Despite this general principle of non-intervention, Resnick asserts that the lower court had jurisdiction to consider and reverse the Commission’s order under NRS 463.315. NRS 463.315(1) provides “any person aggrieved by a final decision or order of the commission made after…”
Nev. Gaming Comm'n v. Wynn, 2022 NV 20 (Nev. 2022).
“: NRS 463.315(1) entitles a person subject to disciplinary proceedings by the Nevada Gaming Commission to judicial review of the Commission's final order in district court.”
Nevada Indus. Comm'n v. Strange, 437 P.2d 873 (Nev. 1968).
“2 NRS 463.315(1). “Any person aggrieved by a final decision or order of the [Nevada Tax] commission made after hearing or rehearing by the commission pursuant to NRS 463.”
— Nev. Rev. Stat. § 463.315(11) — 1 case
State v. Rosenthal, 559 P.2d 830 (Nev. 1977).
“He premised his petition upon NRS 463.315, alleging that the decision of the Commission violated constitutional provisions, was in excess of its jurisdiction, made upon unlawful procedures, was unsupported by any evidence, and was arbitrary and capricious and otherwise not in…”
— Nev. Rev. Stat. § 463.315(11)(c) — 2 cases
— Nev. Rev. Stat. § 463.315(13) — 3 cases
O'Callaghan v. Eighth Jud. Dist. Court, 505 P.2d 1215 (Nev. 1973).
“A reading of the Gaming Control Act reveals that the judicial review specified in NRS 463.315 applies to disciplinary or other action against a licensee [NRS 463.”
— Nev. Rev. Stat. § 463.315(2) — 1 case
Nev. Gaming Comm'n v. Wynn, 2022 NV 20 (Nev. 2022).
“: NRS 463.315(1) entitles a person subject to disciplinary proceedings by the Nevada Gaming Commission to judicial review of the Commission's final order in district court.”
— Nev. Rev. Stat. § 463.315(5) — 1 case
State V. Eighth Jud. Dist. Court of the State of Nevada, 899 P.2d 1121 (Nev. 1995).
“The commission contends that pursuant to NRS 463.315(5), only the commission has the statutory authority to stay its order of exclusion and that the district court, therefore, exceeded its jurisdiction in granting Corbo’s motion to stay execution.”
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