1. A petitioner who applies for a stay of the final decision in a contested case shall file and serve a written motion for the stay on the agency and all parties of record to the proceeding at the time of filing the petition for judicial review.
2. In determining whether to grant a stay, the court shall consider the same factors as are considered for a preliminary injunction under Rule 65 of the Nevada Rules of Civil Procedure.
3. In making a ruling, the court shall:
(a) Give deference to the trier of fact; and
(b) Consider the risk to the public, if any, of staying the administrative decision.
The petitioner must provide security before the court may issue a stay.
(Added to NRS by 1967, 810; A 1977, 58; 1989, 1652)
Structure Nevada Revised Statutes
Chapter 233B - Nevada Administrative Procedure Act
NRS 233B.020 - Legislative intent.
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.0395 - Ratification of Nevada Administrative Code.
NRS 233B.045 - Treatment of regulations adopted by certain entities other than agencies.
NRS 233B.0607 - Proposed permanent or temporary regulation: Filing; availability; contents.
NRS 233B.0613 - Emergency regulations.
NRS 233B.0617 - Limitation on objections to regulation.
NRS 233B.065 - Production and distribution of Nevada Administrative Code.
NRS 233B.0656 - Register of Administrative Regulations: Access via Internet.
NRS 233B.0681 - Early review of permanent regulation by Legislative Commission; waiver of review.
NRS 233B.090 - Rebuttable presumption of regularity of adoption and filing of regulation.
NRS 233B.110 - Declaratory judgment to determine validity or applicability of regulation.
NRS 233B.120 - Petitions for declaratory orders and advisory opinions; disposition.
NRS 233B.1233 - Administration of oath or affirmation to witness.
NRS 233B.135 - Judicial review: Manner of conducting; burden of proof; standard for review.
NRS 233B.150 - Appeal from final judgment of district court.