Nevada Revised Statutes
Chapter 233B - Nevada Administrative Procedure Act
NRS 233B.130 - Judicial review; requirements for petition and cross-petition; statement of intent to participate; petition for rehearing or reconsideration; service; dismissal of certain agencies and persons from proceedings concerning final decision...


1. Any party who is:
(a) Identified as a party of record by an agency in an administrative proceeding; and
(b) Aggrieved by a final decision in a contested case,
is entitled to judicial review of the decision. Where appeal is provided within an agency, only the decision at the highest level is reviewable unless a decision made at a lower level in the agency is made final by statute. Any preliminary, procedural or intermediate act or ruling by an agency in a contested case is reviewable if review of the final decision of the agency would not provide an adequate remedy.
2. Petitions for judicial review must:
(a) Name as respondents the agency and all parties of record to the administrative proceeding;
(b) Be instituted by filing a petition in the district court in and for Carson City, in and for the county in which the aggrieved party resides or in and for the county where the agency proceeding occurred;
(c) Be served upon:
(1) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and
(2) The person serving in the office of administrative head of the named agency; and
(d) Be filed within 30 days after service of the final decision of the agency.
Cross-petitions for judicial review must be filed within 10 days after service of a petition for judicial review.
3. The agency and any party desiring to participate in the judicial review must file a statement of intent to participate in the petition for judicial review and serve the statement upon the agency and every party within 20 days after service of the petition.
4. A petition for rehearing or reconsideration must be filed within 15 days after the date of service of the final decision. An order granting or denying the petition must be served on all parties at least 5 days before the expiration of the time for filing the petition for judicial review. If the petition is granted, the subsequent order shall be deemed the final order for the purpose of judicial review.
5. The petition for judicial review and any cross-petitions for judicial review must be served upon the agency and every party within 45 days after the filing of the petition, unless, upon a showing of good cause, the district court extends the time for such service. If the proceeding involves a petition for judicial review or cross-petition for judicial review of a final decision of the State Contractors’ Board, the district court may, on its own motion or the motion of a party, dismiss from the proceeding any agency or person who:
(a) Is named as a party in the petition for judicial review or cross-petition for judicial review; and
(b) Was not a party to the administrative proceeding for which the petition for judicial review or cross-petition for judicial review was filed.
6. The provisions of this chapter are the exclusive means of judicial review of, or judicial action concerning, a final decision in a contested case involving an agency to which this chapter applies.
(Added to NRS by 1965, 966; A 1969, 318; 1975, 495; 1977, 57; 1981, 80; 1989, 1651; 1991, 465; 2003, 1904; 2005, 1003; 2007, 558; 2015, 709)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 233B - Nevada Administrative Procedure Act

NRS 233B.010 - Short title.

NRS 233B.020 - Legislative intent.

NRS 233B.030 - Definitions.

NRS 233B.031 - "Agency" defined.

NRS 233B.032 - "Contested case" defined.

NRS 233B.033 - "Emergency regulation" defined.

NRS 233B.034 - "License" and "licensing" defined.

NRS 233B.035 - "Party" defined.

NRS 233B.036 - "Permanent regulation" defined.

NRS 233B.037 - "Person" defined.

NRS 233B.0375 - "Preponderance of the evidence" defined.

NRS 233B.038 - "Regulation" defined.

NRS 233B.0382 - "Small business" defined.

NRS 233B.0385 - "Temporary regulation" defined.

NRS 233B.039 - Applicability. [Effective through December 31, 2021.] Applicability. [Effective January 1, 2022, through December 31, 2025.] Applicability. [Effective January 1, 2026.]

NRS 233B.0395 - Ratification of Nevada Administrative Code.

NRS 233B.040 - Regulations: Authority to adopt; enforcement; inclusion of citation of authority and agency contact information; adoption of material by reference; deadline for adoption of proposed regulations; agency to explain failure to adopt.

NRS 233B.045 - Treatment of regulations adopted by certain entities other than agencies.

NRS 233B.050 - Adoption of rules of practice; public inspection and validity of rules of practice, regulations and final orders, decisions and opinions; review of rules of practice and regulations.

NRS 233B.060 - Agency to provide notice of intent to adopt, amend or repeal permanent or temporary regulation; procedure for adoption of permanent regulation after adoption of temporary regulation.

NRS 233B.0601 - Notice of meeting or workshop regarding adoption of permanent or temporary regulation: Agency to provide electronic copy to Legislative Counsel Bureau for posting on website.

NRS 233B.0603 - Contents and form of notice of intent to adopt, amend or repeal permanent or temporary regulation; distribution of notice of intent to mailing list and Legislative Counsel; solicitation of comments from public or affected businesses.

NRS 233B.0607 - Proposed permanent or temporary regulation: Filing; availability; contents.

NRS 233B.0608 - Proposed permanent or temporary regulation: Determination of impact on small businesses; consultation with owners and officers of small businesses; analysis of likely impact on small business; consideration of methods to reduce impact...

NRS 233B.0609 - Proposed permanent or temporary regulation: Contents and certification of small business impact statement.

NRS 233B.061 - Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law.

NRS 233B.0613 - Emergency regulations.

NRS 233B.0617 - Limitation on objections to regulation.

NRS 233B.062 - Policies for drafting and accessibility of regulations; guidelines; permanent regulations to be included in Nevada Administrative Code; distribution of emergency and temporary regulations.

NRS 233B.063 - Submission of proposed permanent regulation to Legislative Counsel; duties of Legislative Counsel; adoption and expiration of temporary regulation.

NRS 233B.0633 - Temporary regulation: Review by Legislative Commission or Subcommittee to Review Regulations; approval of or objection by Commission or Subcommittee; revision and resubmission by agency.

NRS 233B.0635 - Permanent regulation: Reimbursement of Legislative Counsel Bureau for cost of examination and revision.

NRS 233B.064 - Permanent regulation: Prohibition against adoption until text approved or revised by Legislative Counsel; agency to provide written notification to Legislative Counsel of date of adoption; agency to issue statement of reasons for adopt...

NRS 233B.065 - Production and distribution of Nevada Administrative Code.

NRS 233B.0653 - Register of Administrative Regulations: Contents; frequency of publication; distribution and sale; immunity for omissions.

NRS 233B.0656 - Register of Administrative Regulations: Access via Internet.

NRS 233B.0658 - Explanatory statement required concerning emergency actions; contents of statement; inclusion in Register of Administrative Regulations.

NRS 233B.066 - Informational statement required concerning adopted permanent or temporary regulation; contents of statement.

NRS 233B.0665 - Failure to submit informational statement or small business impact statement concerning permanent regulation.

NRS 233B.067 - Permanent regulation: Submission by agency of informational statement and copy of regulation to Legislative Counsel; endorsement of date and maintenance of copy by Legislative Counsel; statement by agency required if adoption of regula...

NRS 233B.0675 - Permanent regulation: Revision and resubmission of regulation objected to by Legislative Commission or Subcommittee to Review Regulations; approval of or objection to revised regulation by Commission or Subcommittee.

NRS 233B.0677 - Meeting to review adopted temporary or permanent regulations: Written notice; list of regulations to be reviewed to be posted on website maintained by Legislative Counsel Bureau.

NRS 233B.0681 - Early review of permanent regulation by Legislative Commission; waiver of review.

NRS 233B.070 - Effective date of permanent, temporary and emergency regulations; agency required to file copy of temporary or emergency regulation with Legislative Counsel; duty of Secretary of State to maintain originals of regulations and informati...

NRS 233B.080 - Placement by Secretary of State of expired, amended or repealed regulation in inactive file upon notice by adopting agency.

NRS 233B.090 - Rebuttable presumption of regularity of adoption and filing of regulation.

NRS 233B.100 - Petition for adoption, filing, amendment or repeal of regulation; amendment or suspension of regulation by Governor upon proclamation of water or energy emergency.

NRS 233B.105 - Objection to adopted regulation by small business; basis and procedure for objection; transmission of copy to Legislative Counsel; amendment of regulation.

NRS 233B.110 - Declaratory judgment to determine validity or applicability of regulation.

NRS 233B.115 - Review of agency forms by Legislative Commission; review and resubmission by agency; procedure upon refusal of agency to revise form.

NRS 233B.120 - Petitions for declaratory orders and advisory opinions; disposition.

NRS 233B.121 - Notice of hearing in contested case; contents of notice; representation by counsel; opportunity to respond and present evidence and argument; fees and mileage for witnesses; informal disposition; voluntary surrender of license in conte...

NRS 233B.122 - Certain members of agency prohibited from taking part in adjudication; replacement of disqualified officer.

NRS 233B.123 - Evidence.

NRS 233B.1233 - Administration of oath or affirmation to witness.

NRS 233B.1235 - Witness who is person with communications disability entitled to services of interpreter at hearing.

NRS 233B.124 - Procedure when majority of agency’s officials rendering final decision have not heard case or read record: Service and contents of proposal for decision; opportunity to file exceptions and present briefs and oral argument; waiver.

NRS 233B.125 - Adverse decision or order required to be in writing or stated on record; contents of final decision; standard of proof; notice and copies of decisions and orders.

NRS 233B.126 - Limitations on communications of agency’s members or employees rendering decision or making findings of fact and conclusions of law.

NRS 233B.127 - Licenses: Applicability of provisions governing contested cases to grant, deny or renew; expiration notice and opportunity to show compliance required before adverse action by agency; summary suspension.

NRS 233B.130 - Judicial review; requirements for petition and cross-petition; statement of intent to participate; petition for rehearing or reconsideration; service; dismissal of certain agencies and persons from proceedings concerning final decision...

NRS 233B.131 - Transmittal of record of proceedings to reviewing court by party and agency; shortening of or corrections or additions to record; additional evidence; modification of findings and decision by agency based on additional evidence.

NRS 233B.133 - Form and deadlines for serving and filing memorandum of points and authorities and replies; extensions; request for hearing or matter deemed submitted.

NRS 233B.135 - Judicial review: Manner of conducting; burden of proof; standard for review.

NRS 233B.140 - Procedure for applying for stay of final decision; considerations by court in making ruling; provision of security by petitioner.

NRS 233B.150 - Appeal from final judgment of district court.