217.117 - Appeal of decision of hearing officer or appeals officer; powers and duties of appeals officer.

217.117  Appeal of decision of hearing officer or appeals officer; powers and duties of appeals officer.

      1.  The applicant or Clerk of the Board may, within 15 days after the hearing officer renders a decision, appeal the decision to an appeals officer. The appeals officer may hold a hearing or render a decision without a hearing. If the appeals officer holds a hearing, the appeals officer must give notice to the applicant, hold the hearing within 30 days after the notice, and render a decision in the case within 15 days after the hearing. The appeals officer shall render a decision in each case within 30 days after receiving the appeal and the record if a hearing is not held. The appeals officer may affirm, modify or reverse the decision of the hearing officer.

      2.  The appeals officer has the same powers as are vested in the hearing officer pursuant to NRS 217.113.

      3.  The applicant or Clerk of the Board may, within 15 days after the appeals officer renders a decision, appeal the decision to the Board. The Board shall consider the appeal on the record at its next scheduled meeting if the appeal and the record are received by the Board at least 5 days before the meeting. Within 15 days after the meeting the Board shall render its decision in the case or give notice to the applicant that a hearing will be held. The hearing must be held within 30 days after the notice is given and the Board shall render its decision in the case within 15 days after the hearing. The Board may affirm, modify or reverse the decision of the appeals officer.

      4.  The decision of the Board is final and not subject to judicial review.

      (Added to NRS by 1981, 1666; A 1985, 2101; 1991, 767)