Denial by county of medical or financial assistance: Form and contents of adverse decision
- judicial review.
1.A person who is denied by a county medical or financial assistance pursuant to this chapter may appeal that denial in accordance with procedures adopted by the county. Each county shall adopt procedures for appeals which comply with the requirements of this section.
2.The procedures must provide for adequate notice to the person denied assistance and the opportunity for a hearing. Any employee or other representative of the county who investigated or made the initial decision to deny assistance shall not participate in any decision made pursuant to the hearing.
3.A decision adverse to the person denied assistance must be in writing and set forth the factual basis for the decision and the applicable regulation. A copy of the decision must be served personally or by certified mail upon each party and the representative of each party.
4.A person aggrieved by the final decision of the county may, within 30 days after the date on which the written notice of the decision is served or mailed, petition the district court where the person resides to review the decision. The court shall review the decision on the record of the case before the county, a copy of which must be certified as correct by the county and filed with the court as part of its answer to the petition.
5.Before the date set by the court for a 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 county, the court may order that the additional evidence be taken before the county upon conditions determined by the court. The county may modify its findings and decisions by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
6.The review must be conducted by the court without a jury and must be confined to the record. The court, at the request of a party, may hear oral arguments and receive written briefs.
7.The court shall not substitute its judgment for that of the county as to the weight of the evidence on questions of fact. The court may affirm the decision of the county or remand the case for further proceedings. The court may reverse the decision and remand the case to the county for further proceedings if it determines that substantial rights of the appellant have been prejudiced because the county’s findings, inferences, conclusions or decisions are:
(a)In violation of constitutional, statutory or regulatory provisions;
(b)In excess of the statutory authority of the county;
(c)Made in accordance with an unlawful procedure;
(d)Affected by other errors of law;
(e)Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f)Arbitrary and capricious.
8.An aggrieved party may appeal any final judgment of the district court 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 in the same manner as a civil case.
Section 428.093 — Denial by county of medical or financial assistance: Form and contents of adverse decision; judicial review.,