Administrative Law Commons^™

City Of Sparks Vs. Reno Newspapers, Inc., 133 Nev. Adv. Op. 56 (August 3, 2017), Brittni Griffith

Nevada Supreme Court Summaries

The Court reviewed an appeal to determine whether an appellant: (1) “properly sought the disclosure of public records by a writ of mandamus,” and (2) whether medical marijuana establishments (“MMEs”) business license identifying information must be disclosed pursuant to the Nevada Public Records Act. The Court held that NRS 239.011 provides the specific means by which to challenge the disclosure of public records, and thus Respondent properly filed a petition for a writ of mandamus. Additionally, pursuant to NRS 453A.370(5), the Department of Health and Human Services’ Division of Public and Behavior Health (“Division”) has the proper authority to adopt …

Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh

Nevada Supreme Court Summaries

The term “satisfactory”, as used in county code providing for liquor licensing, was not unconstitutionally vague where the provision was not related to any civil or criminal penalty. Additionally, Respondents did not violate Appellant’s due process rights by denying his application for a liquor license because Appellant had no cognizable property interest in or entitlement to the license. Finally, Appellant’s equal protection rights were not violated because Respondents had a rational basis for denying Appellant’s application.

Comm’N On Ethics Of Nev. V. Hansen, 133 Nev. Adv. Op. 39 (Jun. 29, 2017), Wesley Lemay Jr.

Nevada Supreme Court Summaries

An attorney for a public body, such as the Nevada Commission on Ethics, must obtain authorization from the client in a public meeting before filing an appeal of a district court decision. Failure to obtain authorization results in a defective, invalid notice of appeal.

Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery

Nevada Supreme Court Summaries

A judgment for penalty attorney fees and costs against a driver in an action that arises out of a motor vehicle accident is not a “judgment . . . upon a cause of action” arising out of the use of a motor vehicle such that its nonpayment may result in the suspension of driving privileges under NRS § 485.302.

Poremba V. S. Nev. Paving, 133 Nev. Adv. Op. 2 (Jan. 26, 2017) (En Banc), Christopher Kelly

Nevada Supreme Court Summaries

The Court determined that (1) an administrative officer must first determine whether to reopen a worker’s compensation benefits claim, pursuant only to the requirements of NRS 616C.390, before considering whether the insurer is entitled to reimbursement due to a third party settlement; and (2) that insurers may be entitled to reimbursement for funds an injured party receives in third party settlements that are also covered by workers’ compensation, but are not entitled to reimbursement from the portion of the settlement designated for remedies outside the definition of “compensation” in NRS 616A.090, including pain and suffering and lost wages.

Village League V. State Bd. Of Equalization, 133 Nev., Adv. Op. 1 (January 26, 2017), Yolanda Carapia

Nevada Supreme Court Summaries

The Court determined that (1) NRS 361.395 does not provide the State Board with authority to order reappraisals; and (2) the 2010 regulation purporting to provide the State Board with such authority does not apply retroactively to the tax years at issue in this case.

On Health, Law, And Religion, Stacey A. Tovino

Scholarly Works

The Supreme Court recently decided a number of cases involving health, law, and religion, including Whole Woman's Health v. Hellerstedt, Zubik v. Burwell, and Burwell v. Hobby Lobby Stores, Inc. These cases were important for understanding constitutional undue burden limitations and the boundaries of religious exercise during the Obama Administration. Unfortunately, the Supreme Court's recent opinions addressing health, law, and religion have little value for many health law professors and most practicing health care attorneys. These individuals, tasked with teaching and applying the thousands of federal and state statutes, regulations, and government guidance documents that address a wide …

Need A Ride? Uber: The Trendy Choice That Could Turn Threatening, Emily L. Dyer

Nevada Law Journal

No abstract provided.

Of Mice And Men: On The Seclusion Of Immigration Detainees And Hospital Patients, Stacey A. Tovino

Scholarly Works

With a special focus on federal provisions strictly regulating Medicare-participating hospitals' use of seclusion, this Article uses developments in health law as a lens through which the uses and abuses of seclusion in immigration detention centers might be assessed and through which the standards governing detention centers might be improved. In particular, this Article argues that the unenforceable standards governing seclusion in immigration detention, including the most recent version of ICE's Performance-Based National Detention Standards, were incorrectly modeled on correctional standards developed for use in jails and prisons with respect to convicted criminals. This Article asserts that correctional standards are …

Tom V. Innovative Home Systems, Llc, 132 Nev. Adv. Op. 15 (Mar. 10, 2016), Adrienne Brantley

Nevada Supreme Court Summaries

The Court determine that the decision of the State Contractors’ Board closing homeowners’ complaint and directing contractor to make repairs to residence was not a final decision resolving a contested case, as required to preclude a homeowner from relitigating whether contractor was required to have an electrical license. The Court also determine that genuine issues of material fact existed as to whether the contractor needed an electrical license and genuine issues of material fact existed as to whether the contractor completed its contractual obligations to homeowner.

Crafting Comment Letters: Teach Policy, Develop Skills, And Shape Pending Regulation, Benjamin P. Edwards, Nicole G. Iannarone

Scholarly Works

Professor Benjamin Edwards joins his colleague, Professor Nicole Iannarone, in this essay, unpacking the regulatory comment letter process and how to incorporate it into the law school curriculum. Participating in live rulemaking offers unique opportunities for students including mastering the substantive area of law, developing critical thinking skills, and developing their professional identities. The authors describe their own experiences in incorporating students into the regulatory rulemaking process. Because of the focus on securities law, their students review and comment on proposed actions by securities regulators - the Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC). After providing …

Complying With The Hipaa Privacy Rule: Problems And Perspectives, Stacey A. Tovino

Scholarly Works

Twenty years ago, President Clinton signed the Health Insurance Portability and Accountability Act of 1996 (HIPAA) into law. Over the past two decades, the federal Department of Health and Human Services (HHS) has published several sets of rules implementing the Administrative Simplification provisions within HIPAA as well as the Health Information Technology for Economic and Clinical (HITECH) Act within the American Recovery and Reinvestment Act (ARRA). These rules include a final rule governing the use and disclosure of protected health information by covered entities and their business associates (Privacy Rule).

This Article addresses the question of what it means for …

Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before seeking …

Tate V. State, Bd. Of Med. Exam’Rs, 131 Nev. Adv. Op. 67 (Sep. 10, 2015), Nancy Snow

Nevada Supreme Court Summaries

The Court considers an appeal from a district court order denying an injunction challenging the constitutionality of a statute prohibiting stay of Board of Medical Examiners decision. The Court revered and remanded the district court’s order because the statute prohibiting district courts from entering a stay of a decision of the Board of Medical Examiners pending judicial review violates the separation of powers doctrine as a matter of first impression.

Veil V. Bennett, 131 Nev. Adv. Op. 22 (Apr. 30, 2015), Jaymes Orr

Nevada Supreme Court Summaries

The Court held that, although a sheriff has a duty to diligently execute arrest warrants, he is within his discretion to determine how to best execute the arrest warrants. The statute does not impose a duty to enter the warrant information into an electronic database.

Summary Of Lvmpd V. Blackjack Bonding, 131 Nev. Adv. Op. 10, Sydney Gambee

Nevada Supreme Court Summaries

The Court determined that (1) the records of CCDC inmate calls were public records within LVMPD’s legal custody or control under the NPRA;[1] and (2) that Blackjack Bonding was the prevailing party and was therefore entitled to a statutorily mandated award attorney fees and costs,[2] regardless of their court-ordered responsibility to pay costs associated with production.

[1] See Nev. Rev. Stat. § 239.010 (2011).

[2] See Nev. Rev. Stat. § 239.011 (2011).

Summary Of David Abarra V. The State Of Nevada, 131 Nev. Adv. Op. 5, Amber Lilienthal

Nevada Supreme Court Summaries

The Court determined that (1) the appellant exhausted administrative remedies for his improper finding of guilt claim; (2) the appellant exhausted administrative remedies for his improper filing, failure to correct, and First Amendment claims; and (3) the appellant failed to state a due process claim.

Summary Of Jones V. Nev. State Bd. Of Med. Examiners, 131 Nev. Adv. Op. 4, Janine Lee

Nevada Supreme Court Summaries

When the Nevada Board of Medical Examiners (the “Board”) issues a petition for contempt due to a party’s failure to comply with an administrative subpoena or otherwise properly participate in a proceeding before the Board, NRS 630.355 is the governing statute that allows the Board to enforce compliance with its administrative process. Pursuant to NRS 630.355, venue is proper “in the district court of the county in which the proceeding is being conducted (emphasis added).” Venue for a proceeding under this statute is proper in the county where the administrative work of the Board takes place.

A Taxonomy Of Discretion: Refining The Legality Debate About Obama’S Executive Actions On Immigration, Michael Kagan

Scholarly Works

Broad executive action has been the Obama Administration’s signature contribution to American immigration policy, setting off a furious debate about whether the President has acted outside his constitutional powers. But the legal debate about the scope of the President’s authority to change immigration policy has not fully recognized what is actually innovative about the Obama policies, and thus has not focused on those areas where he has taken executive discretion into uncharted territory. This essay aims to add new focus to the debate about Pres. Obama’s executive actions by defining five different types of presidential discretion: Congressionally-authorized discretion, non-enforcement discretion, …

Summary Of Stockmeier V. Green, 130 Nev. Adv. Op. 99, Tom Stewart

Nevada Supreme Court Summaries

The court determined that Nevada’s Chief Medical Officer’s examination of inmate diets and her resulting report to the Board fell well short of what was required by NRS 209.382(1)(b) in that included no analysis of the diets of general population inmates, addressed diets at only one of Nevada's correctional facilities, and generally lacked any indication as to how the required examination was conducted.

Summary Of Déjà Vu Showgirls Of Las Vegas, Llc V. Nevada Dep’T Of Taxation, 130 Nev. Adv. Op. 72, Hayley Miller

Nevada Supreme Court Summaries

The Court (1) determined the sole remedy for a taxpayer aggrieved by a final decision from the Nevada Tax Commission concerning a tax refund request under NRS Chapter 368A (the Nevada Live Entertainment Tax) is to file a petition for judicial review pursuant to NRS 233B.130 and (2) reaffirmed its judicial estoppel doctrine.

Misconstruing Notice In Eeoc Administrative Processing & Conciliation, Angela D. Morrison, Angela D. Morrison

Nevada Law Journal

No abstract provided.

Summary Of Nassiri V. Chiropractic Physician's Bd., 130 Nev. Adv. Op. 27, Danielle Barraza

Nevada Supreme Court Summaries

The Court determined two issues: 1) whether NRS 233B.135 of the Nevada Administrative Procedure Act sets out a standard of judicial review or a standard of proof, and 2) what standard of proof is required for state agencies in adjudicative hearings in the absence of a specific statutory mandate. Summary by Danielle Barraza.

Casino Gaming In Macau: Evolution, Regulation And Challenges, Jorge Godinho

UNLV Gaming Law Journal

This paper provides an overview of the evolution of the legal framework applicable to the casino gaming industry in Macau. The focus is on the evolution of the system of concessions and sub concessions, the regulation of gaming promoters, the complex VIP segment, as well as the anti-money laundering requirements. A final section considers the rapidly growing competition posed by the spread of gaming in various jurisdictions in the region. Overall, while casino gaming grew exponentially in recent years, there are numerous issues from the past which pose future challenges.

Summary Of Liberty Mut. V. Thomasson, 130 Nev. Adv. Op. 409, Erica Nannini

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether NRS 233B.130(2)(b) is a mandatory jurisdictional requirement, and (2) whether Liberty Mutual is a resident of Washoe County to grant the Second Judicial District Court jurisdiction to consider its petition for judicial review.

Summary Of Pub. Emps.’ Ret. Sys. Of Nev. V. Reno Newspapers, Inc., 129 Nev. Adv. Op. 88, Ryan Becklean

Nevada Supreme Court Summaries

The Court determined whether the confidentiality set forth in NRS 286.110(3) applies to individual files of retired employees maintained by the Public Employees’ Retirement System of Nevada (“PERS”).

Summary Of Elizondo V. Hood Mach., Inc., 129 Nev. Adv. Op. 84, Jennifer Cutshall

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an appeals officer’s conclusory order in a workers’ compensation matter failed to meet the statutory requirements of NRS 233B.125; and (2) whether the doctrines of claim and issue preclusion apply to require dismissal of a fourth request to reopen an industrial injury claim under NRS 616C.390.

Summary Of Nevada Public Employees Retirement Board V. Smith, 129 Nev. Adv. Op. 65, Jeff Scarborough

Nevada Supreme Court Summaries

The Court determined two issues: (1) whether an employee under the Public Employees’ Retirement System (“PERS”) could receive retirement benefits before effectively retiring from PERS; and (2) whether an employee under PERS is entitled to equitable relief under NRS 286.190(3)(a) against PERS when PERS did not provide inaccurate information.

Summary Of Majuba Mining V. Pumpkin Copper, 129 Nev. Adv. Op. 19, Timothy A. Wiseman

Nevada Supreme Court Summaries

The court considered whether a mining company’s failure to pay federal claim maintenance fees, required to avoid forfeiting an unpatented mining claim, rendered a dispute over superior title moot. The court found that since the mining claim was forfeited under federal law, the dispute over superior title was no longer actionable and moot.

The Doj Gives States A Gift, I. Nelson Rose

UNLV Gaming Law Journal

No abstract provided.