Nevada Public Welfare

Sec. § 422.279
Judicial review: Taking of additional evidence; limitations on review; grounds for reversal; appeal to appellate court.


1.

Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.

2.

The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.

3.

The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:

(a)

In violation of constitutional, regulatory or statutory provisions;

(b)

In excess of the statutory authority of the Department;

(c)

Made upon unlawful procedure;

(d)

Affected by other error of law;

(e)

Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f)

Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.

4.

An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.
Source

Last accessed
Feb. 5, 2021