Nevada Administrative Code
Chapter 445B - Air Controls
PRACTICE BEFORE THE STATE ENVIRONMENTAL COMMISSION
Section 445B.890 - Appeal of final decision of Department: Request for hearing; basis for appeal

Universal Citation: NV Admin Code 445B.890

Current through December 12, 2024

1. Any person aggrieved by a final decision of the Department may, not later than 10 days after notice of the action of the Department, appeal the decision by filing a request for a hearing before the Commission on a form 3* with the State Environmental Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249.

2. An appeal of a final decision of the Department must be based upon one or more of the following grounds:

(a) The final decision was in violation of any constitutional or statutory provision;

(b) The final decision was in excess of the statutory authority of the Department;

(c) The final decision was made upon unlawful procedure;

(d) The final decision was affected by other error of law;

(e) The final decision was clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or

(f) The final decision was arbitrary or capricious or characterized by abuse of discretion.

3. A form 3* which is submitted to the Commission pursuant to subsection 1 must include, without limitation:

(a) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(b) A reference to each paragraph of subsection 2 which provides a basis for the appeal and a reference to each provision of law allegedly violated; and

(c) A brief and concise statement of the facts which provide the basis for the appeal.

4. The Commission may dismiss any request for a hearing to appeal a final decision of the Department if the person requesting the hearing fails to submit a completed form 3* with his or her request.

*(See adopting agency for form.)

Environmental Comm'n, Practice Rule 2, eff. 1-7-73; A 4-3-74; A and renumbered as Rule 8, 1-9-76-NAC A 10-29-93; R063-98, 8-4-98; R227-03, 4-20-2004; R135-11, 5-30-2012

NRS 233B.050

Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.