Nevada Revised Statutes 288.630 – Appointment of hearing officers to conduct hearings regarding prohibited practices; appeal of decision to Board; authorized actions by Board; injunctive relief; judicial review
1. The Board may appoint a hearing officer to conduct a hearing that the Board is otherwise required to conduct pursuant to NRS 288.625.
Terms Used In Nevada Revised Statutes 288.630
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
2. A decision of the hearing officer may be appealed to the Board.
3. On appeal to the Board, the Board may consider the record of the hearing or may conduct a hearing de novo. A hearing de novo conducted by the Board must be conducted in accordance with:
(a) The provisions of chapter 233B of NRS that apply to a contested case; and
(b) Any rules adopted by the Board pursuant to NRS 288.110.
4. If the Board finds at the hearing that the party accused in the complaint has committed a prohibited practice, the Board:
(a) Shall order the party to cease and desist from engaging in the prohibited practice; and
(b) May order any other affirmative relief that is necessary to remedy the prohibited practice.
5. The Board or any party aggrieved by the failure of any person to obey an order of the Board issued pursuant to subsection 4 may apply to a court of competent jurisdiction for a prohibitory or mandatory injunction to enforce the order.
6. Any order or decision issued by the Board pursuant to this section concerning the merits of a complaint is a final decision in a contested case and may be appealed pursuant to the provisions of chapter 233B of NRS that apply to a contested case, except that a party aggrieved by the order or decision of the Board must file a petition for judicial review not later than 10 days after being served with the order or decision of the Board.