Celebrating 75 Years of Serving Nevada’s Legal, Business, Government, and Civic Communities

Administrative Deference in Judicial Review Cases

June 1, 2019, The Writ, “Appellate Briefs”

–Briefs submitted to the Nevada Supreme Court must contain a “concise statement of the applicable standard of review.” NRAP 28(a)(10)(B). This requirement is not a memory test for attorneys but a critical part of the argument on appeal. See NRAP 28(a)(10) (including the standard of review within the “argument” section of the brief ); see also Walsh v. Centeio, 692 F.2d 1239, 1241 (9th Cir. 1982) (“[T]he outcome of the instant case turns on the standard of review . . . .”). The applicable standard of review is especially important in an administrative appeal as there is an extra step in the process. In a series of recent decisions involving the termination of classified employees, the Nevada Supreme Court identified a new standard of review to be employed by a hearing officer as well as reaffirmed the standard of review for the district court and the Nevada Supreme Court. To read entire article click here.

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