NRS
612.495 Appeal to Appeal Tribunal: Initiation of appeal from
determination or redetermination; intervention of employing unit; withdrawal of
appeal.
1. Any person entitled to a notice of
determination or redetermination may file an appeal from the determination with
an Appeal Tribunal, and the Administrator shall be a party respondent thereto.
The appeal must be filed within 11 days after the date of mailing, electronic
transmission or personal service of the notice of determination or
redetermination. The 11-day period may be extended for good cause shown. Any
employing unit whose rights may be adversely affected may be permitted by the
Appeal Tribunal to intervene as a party respondent to the appeal.
2. An appeal shall be deemed to be filed
on the date it is delivered to the Division, or, if it is mailed, on the
postmarked date appearing on the envelope in which it was mailed, if postage is
prepaid and the envelope is properly addressed to the office of the Division
that mailed notice of the person’s claim for benefits to each employer entitled
to notice under NRS 612.475.
3. The 11-day period provided for in this
section must be computed by excluding the day the determination was mailed,
electronically transmitted or personally served, and including the last day of
the 11-day period, unless the last day is a Saturday, Sunday or holiday, in
which case that day must also be excluded.
4. The Appeal Tribunal may permit the
withdrawal of the appeal by the appellant at the appellant’s request if there
is no coercion or fraud involved in the withdrawal.
[6:129:1937; renumbered 6.9:129:1937 and A 1951,
347]—(NRS A 1959,
903; 1977,
899; 1981,
397; 1993,
1829; 2005,
447; 2021,
1480)
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1986–2023 · leading case:
Hardin v. Jones, 727 P.2d 551 (Nev. 1986).
Hardin v. Jones, 727 P.2d 551 (Nev. 1986).
· cites it 10× “The sole issue presented in this appeal is whether the time limit specified in NRS 612.495(1) may be extended by application of NRCP 6(e).”
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“2d 551 (1986) (stating that the ten-day time period provided by NRS 612.495(1) for appealing from an unemployment benefit determination is extended by application of NRCP 6(e), allowing three extra days when the notice of determination was sent by mail).”
Zamarripa v. First Jud. Dist. Court, 747 P.2d 1386 (Nev. 1987).
“2d 551 (1986) (although NRS 612.495(1) requires filing of administrative appeal within ten days from the date of mailing of the notice of determination, NRCP 6(e) applies to provide an additional three days because the notice of the agency’s determination was mailed).”
Braham v. Fourth Jud. Dist. Court, 747 P.2d 1390 (Nev. 1987).
“2d 551 (1986) (although NRS 612.495(1) requires filing of administrative appeal within ten days from the date of mailing of the notice of determination, NRCP 6(e) applies to provide an additional three days because the notice of the agency’s determination was mailed).”
Jorrin v. State, Emp't Sec. Div. (Nev. 2023).
· cites it 6× “Because the statute uses the date the decision becennes final, rather than the decision's service date, to trigger the time to 'The amendment to NRS 612.495 changed the time to administratively appeal from 10 days to 11, but the relevant language remains the same.”
— Nev. Rev. Stat. § 612.495(1) — 5 cases
Hardin v. Jones, 727 P.2d 551 (Nev. 1986).
“The sole issue presented in this appeal is whether the time limit specified in NRS 612.495(1) may be extended by application of NRCP 6(e).”
Leven v. Frey, 168 P.3d 712 (Nev. 2007).
“2d 551 (1986) (stating that the ten-day time period provided by NRS 612.495(1) for appealing from an unemployment benefit determination is extended by application of NRCP 6(e), allowing three extra days when the notice of determination was sent by mail).”
Zamarripa v. First Jud. Dist. Court, 747 P.2d 1386 (Nev. 1987).
“2d 551 (1986) (although NRS 612.495(1) requires filing of administrative appeal within ten days from the date of mailing of the notice of determination, NRCP 6(e) applies to provide an additional three days because the notice of the agency’s determination was mailed).”
Braham v. Fourth Jud. Dist. Court, 747 P.2d 1390 (Nev. 1987).
“2d 551 (1986) (although NRS 612.495(1) requires filing of administrative appeal within ten days from the date of mailing of the notice of determination, NRCP 6(e) applies to provide an additional three days because the notice of the agency’s determination was mailed).”
Jorrin v. State, Emp't Sec. Div. (Nev. 2023).
“Because the statute uses the date the decision becennes final, rather than the decision's service date, to trigger the time to 'The amendment to NRS 612.495 changed the time to administratively appeal from 10 days to 11, but the relevant language remains the same.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.