391.3194 - Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.

391.3194  Action by superintendent upon receipt of report; action by board; notice to licensed employee; judicial review.

      1.  Within 5 days after the superintendent receives the report of the hearing officer the superintendent shall either withdraw the recommendation to demote, dismiss or not reemploy the licensed employee or file his or her recommendation with the board.

      2.  Within 15 days after the receipt of the recommendation of the superintendent, the board shall either accept or reject the hearing officer’s recommendation and notify the licensed employee in writing of its decision.

      3.  The board may, before making a decision, refer the report back to the hearing officer for further evidence and recommendations. Within 15 days after the report is referred to him or her, the hearing officer shall complete the report and file it with the board and mail a copy to the superintendent and licensed employee.

      4.  The licensed employee may appeal the decision to a district court within the time limits and in the manner provided by law for appeals of administrative decisions of state agencies. If the report of the hearing officer is final and binding, the employee or the board may request judicial review of the report in the manner provided in NRS 38.241 and 38.242.

      (Added to NRS by 1967, 971; A 1971, 381; 1973, 795; 1979, 1611, 1835; 1987, 1010; 2001, 1285; 2003, 35, 41)