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- 83rd Session (2025)
Assembly Bill No. 12–Committee
on Commerce and Labor
CHAPTER..........
AN ACT relating to unemployment compensation; revising
requirements for obtaining judicial review of a decision of
the Board of Review concerning a claim for unemployment
benefits; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law authorizes any party aggrieved by a decision of the Board of
Review concerning a claim for unemployment benefits to obtain judicial review of
the decision by commencing an action in the district court of the county where the
employment which is the basis of the claim was performed. Existing law requires,
within 45 days af ter the commencement of the action, a petition to be served upon
the Administrator of the Employment Security Division of the Department of
Employment, Training and Rehabilitation at a designated office of the
Administrator, unless the Administrator is the appellant, or upon such person as the
Administrator may designate. (NRS 612.530)
Section 1 of this bill sets forth additional requirements and procedures
concerning that petition. Section 1 specifies that service of the petition must
comply with the req uirements of existing law and the applicable provisions of the
Nevada Rules of Civil Procedure for the service of a summons and complaint. If an
appellant, within 45 days after the commencement of the action, fails to serve any
petition upon the Administrator or his or her designee, including a petition that fails
to comply with the requirements for the petition and the service of the petition,
section 1 provides that the court is deprived of jurisdiction over the action and is
required to dismiss the action upon the motion of the Administrator. If an appellant
does serve a petition upon the Administrator or his or her designee within the
required period, section 1 authorizes the Administrator to file a motion with the
court to d ismiss the action on the basis that the petition did not comply or was
served in a manner that did not comply with the requirements for the petition.
Section 1 requires the appellant to cure all deficiencies concerning the petition, if
any, within 10 busin ess days after the filing of the motion. Under section 1 , the
failure of the appellant to do so deprives the court of jurisdiction over the action ,
and the court is required to grant the motion to dismiss if the court determines that
the petition was deficient and those deficiencies were not cured within the required
period.
Section 2 of this bill provides that the amendatory provisions of this bill apply
to a petition for judicial review that is filed on or after the effective date of this bill.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.530 is hereby amended to read as follows:
612.530 1. Within 11 days after the decision of the Board of
Review has become final, any party aggrieved thereby or the
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Administrator may secure judicial review thereof by commencing
an action in the district court of the county where the employment
which is the basis of the claim was performed for the review of the
decision, in which action any other party to the proceedin gs before
the Board of Review must be made a defendant.
2. In such action, a petition which need not be verified, but
which must state the grounds upon which a review is sought, must,
within 45 days after the commencement of the action, be served
upon the Administrator at a designated office of the Administrator
in Carson City, unless the Administrator is the appellant, or upon
such person as the Administrator may designate, and such service
shall be deemed completed service on all parties, but there must be
left with the party so served as many copies of the petition as there
are defendants, and the Administrator shall forthwith mail one such
copy to each defendant. Service of a petition pursuant to this
subsection must comply with the provisions of this subsection and
the applicable provisions of the Nevada Rules of Civil Procedure
for the service of a summons and complaint.
3. [The] If the appellant fails to serve upon the Administrator,
or upon such person as the Administrator may designate, any
petition pursuant to subsection 2, including, without limitation, a
petition that does not comply or is served in a manner that does
not comply with the requirements of subsection 2, within 45 days
after the commencement of the action , the court is deprived of
jurisdiction over the action and shall dismiss the action upon the
motion of the Administrator.
4. If the appellant serves upon the Administrator, or upon
such person as the Administrator may designate, a petition
pursuant to subsection 2 within 45 day s after the commencement
of the action, the Administrator may, within 45 days after the
receipt of the petition, file a motion with the court to dismiss the
action on the basis that the petition did not comply or was served
in a manner that did not comply with the requirements of
subsection 2. Within 10 business days after the filing of the motion
to dismiss, the appellant shall cure each deficiency concerning the
petition, if any. The requirement to cure any deficiency
concerning the petition within 10 bus iness days after the filing of
the motion to dismiss must be strictly complied with and may not
be excused by the court. Failure to comply with that requirement
deprives the court of jurisdiction over the action and, if the court
determines that the petiti on did not comply or was served in a
manner that did not comply with the requirements of subsection 2
and the deficiencies concerning the petition were not cured within
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10 business days after the filing of the motion to dismiss, the court
shall grant the motion to dismiss.
5. Except as otherwise provided in this subsection, the
Administrator shall file with the court an answer within 45 days
after being served with a petition pursuant to subsection 2 [or, if ]
unless the Administrator filed with the court a motion to dismiss
pursuant to subsection 4 and the motion was denied, in which case
the Administrator shall file the answer within 45 days after the
date on which the motion was denied. If the Administrator is the
appellant, the Administrator shall serve the petition upon each other
party within 45 days after commencement of the action. With the
Administrator’s answer or petition, the Administrator shall certify
and file with the court originals or true copie s of all documents and
papers and a transcript of all testimony taken in the matter, together
with the Board of Review’s findings of fact and decision therein.
The Administrator may certify to the court questions of law
involved in any decision.
[4.] 6. In any judicial proceedings under this section, the
finding of the Board of Review as to the facts, if supported by
evidence and in the absence of fraud, is conclusive, and the
jurisdiction of the court is confined to questions of law.
[5.] 7. Such actio ns, and the questions so certified, must be
heard in a summary manner and must be given precedence over all
other civil cases except cases arising under chapters 616A to 616D,
inclusive, or chapter 617 of NRS.
[6.] 8. An appeal may be taken from the decision of the district
court to the appellate court of competent jurisdiction pursuant to the
rules fixed by the Supreme Court of Nevada pursuant to Section 4 of
Article 6 of the Nevada Constitution in the same manner, but not
inconsistent with the provision s of this chapter, as is provided in
civil cases.
[7.] 9. It is not necessary, in any judicial proceeding under this
section, to enter exceptions to the rulings of the Board of Review,
and no bond may be required for entering the appeal.
[8.] 10. Upon the final determination of the judicial
proceeding, the Board of Review shall enter an order in accordance
with the determination.
[9.] 11. A petition for judicial review does not act as a
supersedeas or stay unless the Board of Review so orders.
Sec. 2. The amendatory provisions of this act apply to a
petition for judicial review that is filed on or after the effective date
of this act.
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Sec. 3. This act becomes effective upon passage and approval.
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