Nevada Revised Statutes 426.713 – Resolution of certain disputes relating to Program: Complaint; hearing; judicial review of decision of hearing officer
1. Except as otherwise provided in subsection 2, if a dispute arises between a public entity that has care, custody and control of a public building or property and the Bureau concerning any matter related to the Vending Facility Program, either party may file a complaint describing the dispute with the Hearings Division of the Department of Administration.
Terms Used In Nevada Revised Statutes 426.713
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
2. The Hearings Division may not:
(a) Hear a complaint concerning the status of a licensee or third-party vendor operating a vending facility under an agreement with the Bureau; or
(b) Award damages as a result of a hearing on a complaint filed pursuant to this section.
3. Not later than 30 days after a complaint is filed pursuant to subsection 1:
(a) The Hearings Division shall appoint a hearing officer; and
(b) The hearing officer shall set a date for a hearing.
4. Except as otherwise provided in this section, a hearing must be conducted in accordance with NRS 233B.121 to 233B.150, inclusive. The hearing officer may issue a ruling based on the briefs submitted by the parties without hearing additional evidence.
5. A decision of the hearing officer made pursuant to this section is a final decision for purposes of judicial review and may be appealed to the district court pursuant to the provisions of chapter 233B of NRS. Any such appeal must be filed not later than 30 days after the date of service of the final decision of the hearing officer.