1. Before the date set by the court for hearing, an application may be made to the court by motion, with notice to the opposing party and an opportunity for that party to respond, for leave to present additional evidence. If it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceeding before the Department, the court may order that the additional evidence be taken before the Department upon conditions determined by the court. The Department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
2. The review must be conducted by the court without a jury and must be confined to the record. In cases of alleged irregularities in procedure before the Department, not shown in the record, proof thereon may be taken in the court. The court, at the request of either party, shall hear oral argument and receive written briefs.
3. The court shall not substitute its judgment for that of the Department as to the weight of the evidence on questions of fact. The court may affirm the decision of the Department or remand the case for further proceedings. The court may reverse the decision and remand the case to the Department for further proceedings if substantial rights of the appellant have been prejudiced because the Department’s findings, inferences, conclusions or decisions are:
(a) In violation of constitutional, regulatory or statutory provisions;
(b) In excess of the statutory authority of the Department;
(c) Made upon unlawful procedure;
(d) Affected by other error of law;
(e) Clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or
(f) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
4. An aggrieved party may obtain review of any final judgment of the district court by appeal to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution. The appeal must be taken in the manner provided for civil cases.
(Added to NRS by 2005, 22nd Special Session, 10; A 2013, 1782)
Structure Nevada Revised Statutes
Chapter 422A - Welfare and Supportive Services
NRS 422A.005 - "Administrator" defined.
NRS 422A.015 - "Children’s Health Insurance Program" defined.
NRS 422A.020 - "Department" defined.
NRS 422A.025 - "Director" defined.
NRS 422A.030 - "Division" defined.
NRS 422A.035 - "Division of Health Care Financing and Policy" defined.
NRS 422A.037 - "Division of Public and Behavioral Health" defined.
NRS 422A.045 - "Low-Income Home Energy Assistance" defined.
NRS 422A.050 - "Medicaid" defined.
NRS 422A.055 - "Program for Child Care and Development" defined.
NRS 422A.060 - "Program for the Enforcement of Child Support" defined.
NRS 422A.065 - "Public assistance" defined.
NRS 422A.070 - "State Supplementary Assistance" defined.
NRS 422A.072 - "Supplemental Nutrition Assistance" defined.
NRS 422A.075 - "Supplemental Security Income Program" defined.
NRS 422A.080 - "Temporary Assistance for Needy Families" defined.
NRS 422A.155 - Qualifications.
NRS 422A.160 - Executive Officer of Division; administration and management of Division.
NRS 422A.162 - Administration of chapter.
NRS 422A.185 - Adoption of regulations.
NRS 422A.190 - Procedure for adopting, amending or repealing regulations.
NRS 422A.195 - General and miscellaneous powers and duties.
NRS 422A.230 - Legislative appropriations; disbursements.
NRS 422A.240 - Acceptance of Social Security Act and federal money.
NRS 422A.245 - Acceptance of increased benefits of future congressional legislation; regulations.
NRS 422A.250 - Contract or agreement with Federal Government by Director.
NRS 422A.270 - Legal advisers for Division.
NRS 422A.285 - Hearing: Evidence.
NRS 422A.290 - Hearing: Person with communications disability entitled to services of interpreter.
NRS 422A.325 - Assistance not assignable or subject to process or bankruptcy law.
NRS 422A.330 - Assistance subject to future amending and repealing acts.
NRS 422A.332 - Recipients of public assistance: Immunization of dependent children.
NRS 422A.338 - Duties of Department regarding welfare activities and services.
NRS 422A.370 - Expedited application for treatment or services for certain persons.
NRS 422A.460 - Liability of spouse or parent for minor child.
NRS 422A.465 - Written statement of responsible relative; perjury.
NRS 422A.470 - Enforcement of support by legal action.
NRS 422A.478 - Creation; membership; Chair; Vice Chair. [Effective January 1, 2022.]
NRS 422A.479 - Vacancy. [Effective January 1, 2022.]
NRS 422A.482 - Duties. [Effective January 1, 2022.]
NRS 422A.484 - Staff assistance. [Effective January 1, 2022.]
NRS 422A.485 - Gifts, grants, donations and other money. [Effective January 1, 2022.]
NRS 422A.486 - Annual report. [Effective January 1, 2022.]
NRS 422A.487 - Definitions. [Effective January 1, 2022.]
NRS 422A.488 - "Account holder" defined. [Effective January 1, 2022.]
NRS 422A.489 - "Fiduciary organization" defined. [Effective January 1, 2022.]
NRS 422A.490 - "Financial institution" defined. [Effective January 1, 2022.]
NRS 422A.491 - "Program" defined. [Effective January 1, 2022.]
NRS 422A.505 - "Benefit" defined.
NRS 422A.510 - "Head of household" defined.
NRS 422A.515 - "Household" defined.
NRS 422A.520 - "Program" defined.
NRS 422A.525 - Powers and duties of Administrator.
NRS 422A.538 - Provision for payment of child-only assistance to certain persons.
NRS 422A.540 - Agreement of cooperation: Establishment; execution; contents.
NRS 422A.545 - Period for action on application for benefits.
NRS 422A.565 - Compliance with federal prohibitions on receipt of benefits.
NRS 422A.575 - Provision of transitional assistance to head of household.
NRS 422A.585 - Program to promote self-sufficiency of certain parents: Establishment; participation.
NRS 422A.590 - Encouragement of employment opportunities.
NRS 422A.600 - Waiver of requirements of chapter for certain victims of domestic violence.
NRS 422A.630 - Requirements of program; submission of biennial report to Legislature.
NRS 422A.660 - Appointment of committee; duties; membership; reports.
NRS 422A.680 - Establishment and administration of System; requirements of System; regulations.