Judicial review: Petition; answer; scope of review; grounds for setting aside decision of Commission.
1. Any party of record to a proceeding before the Commission is entitled to judicial review of the final decision.
2. Proceedings for review may be instituted by filing a petition in the District Court in and for Carson City, in and for the county in which the party resides, or in and for the county where the act on which the proceeding is based occurred. A petition must be filed within 90 days after the service of the final decision of the Commission or, if a rehearing is held, within 30 days after the decision thereon. Copies of the petition must be served upon the Commission and all other parties of record.
3. The Commission and other defendants shall file their answers to the petition within 30 days after the service thereof, whereupon the action is at issue and they must be ready for a hearing upon 20 days’ notice to either party.
4. The review must be conducted by the court without a jury and be confined to the record. In cases of alleged irregularities in procedure before the Commission, not shown in the record, proof thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs.
5. All actions brought under this section have precedence over any civil action of a different nature pending in the court.
6. The court shall not substitute its judgment for that of the Commission as to the weight of the evidence on questions of fact. The court may affirm the decision of the Commission or set it aside in whole or in part if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions or decisions are:
(a) In violation of constitutional or statutory provisions;
(b) In excess of the statutory authority of the Commission;
(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.
Last modified: February 26, 2006