Nevada Revised Statutes 463.343 – Declaratory judgment; limitations on injunctive relief
1. The Board or Commission or any applicant, licensee, association of licensees, nonprofit corporation that represents licensees, person found suitable, holding company, intermediary company or publicly traded corporation which is registered with the Commission may obtain a judicial determination of any question of construction or validity arising under this chapter, chapter 462 of NRS or any regulation of the Commission by bringing an action for a declaratory judgment in the district court in and for Carson City or the district court in and for the county in which the plaintiff resides or does business, in accordance with the provisions of chapter 30 of NRS.
Terms Used In Nevada Revised Statutes 463.343
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- county: includes Carson City. See Nevada Revised Statutes 0.033
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
2. When an action is brought by a person other than the Board or Commission, the Commission must be made a party to the action and the Attorney General must be served with a copy of the complaint and is entitled to appear in the action.
3. Statutes and regulations reviewed pursuant to this section must be construed in a manner consistent with the declared policy of the State.
4. The filing of a complaint for judicial determination under this section does not stay enforcement of any Commission or Board action. The Board or Commission may grant a stay upon appropriate terms.
5. In any proceeding brought under this section, the district court shall not grant any injunctive relief or relief based upon any other extraordinary common-law writ to:
(a) Any applicant for licensing, finding of suitability or registration;
(b) Any person who has been ordered by the Board or Commission to submit his or her application for licensing, finding of suitability or registration;
(c) Any person seeking judicial review of an action of the Commission which is subject to the provisions of NRS 463.315 to 463.318, inclusive; or
(d) Any person who is adversely affected by the appointment of a supervisor pursuant to chapter 463B of NRS.