612.530 - Judicial review of decision of Board of Review: Commencement of action in district court; parties; service of petition; summary hearings; appeals to Supreme Court.
612.530 Judicial review of decision of Board of Review: Commencement of action in district court; parties; service of petition; summary hearings; appeals to Supreme Court.
1. Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.
2. In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must be served upon the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant.
3. With the Administrator’s answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Review’s findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision.
4. In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.
5. Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
6. An appeal may be taken from the decision of the district court to the Supreme Court of Nevada in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.
7. It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.
8. Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.
9. A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.
[6:129:1937; renumbered 6.16:129:1937 and A 1951, 349]—(NRS A 1971, 753; 1993, 1831; 1999, 207; 2003, 1938; 2005, 448)
NRS 612.533 Introduction of certain evidence concerning claims for benefits prohibited in separate or subsequent proceeding. Any finding of fact or law, judgment, determination, conclusion or final order made by the Administrator or an Appeal Tribunal, examiner, Board of Review, district court or any other person with the authority to make findings of fact or law pursuant to NRS 612.450 to 612.530, inclusive, is not admissible or binding in any separate or subsequent action or proceeding, between a person and that person’s present or previous employer brought before an arbitrator, court or judge of this State or the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.
(Added to NRS by 1987, 151; A 1993, 1832)